Collaboration and Partnerships Collaboration and Partnerships Required to Meet Mounting Required to Meet Mounting

Regulatory Requirements Around Regulatory Requirements Around the Environment, Health, Safety the Environment, Health, Safety

and Emergency Managementand Emergency Management

Julia Lewis - Ryerson UniversityJulia Lewis - Ryerson UniversityGilles Morier - University of OttawaGilles Morier - University of Ottawa

Grant McCaughey - University of ManitobaGrant McCaughey - University of ManitobaChris White - University of GuelphChris White - University of Guelph

CAUBO’s NewCAUBO’s NewNational EHS CommitteeNational EHS Committee

The mandate of the National The mandate of the National

Environmental Health and Safety Environmental Health and Safety Committee is to identify legislation or Committee is to identify legislation or policy relating to Occupational Health policy relating to Occupational Health and Safety, Environmental Compliance and Safety, Environmental Compliance and Emergency Management and to and Emergency Management and to

provide oversight and recommend best provide oversight and recommend best practices to support prudent practices to support prudent

management decisions at their management decisions at their institution.institution.

Chair – Michael Histed (University of Ottawa)Chair – Michael Histed (University of Ottawa)Western Rep – Grant McCaughey (University of Western Rep – Grant McCaughey (University of

Manitoba)Manitoba)Ontario Rep – Dan Langham (Queen’s University)Ontario Rep – Dan Langham (Queen’s University)Quebec Rep – Sue Magor (Concordia University)Quebec Rep – Sue Magor (Concordia University)

Eastern Rep – Dave Foley (InterUniversity Services Inc.)Eastern Rep – Dave Foley (InterUniversity Services Inc.)

The ‘Internal The ‘Internal Responsibility’ FrameworkResponsibility’ Framework

Grant McCaughey, Director

Environmental Health and Safety Office

University of Manitoba

204-474-9290 Tel

E-mail: mccaugh@cc.umanitoba.ca

Web Page http://umanitoba.ca/admin/human_resources/ehso/

Here is a scenario to Here is a scenario to think about ……….think about ……….

► Assume you are a Principal Investigator, Assume you are a Principal Investigator, responsible for 2 staff and 3 grad students.responsible for 2 staff and 3 grad students.

► You have been called by University Security You have been called by University Security Services and advised that there has been an Services and advised that there has been an accident in area that you are responsible for. One accident in area that you are responsible for. One of the staff and 2 students have been taken by of the staff and 2 students have been taken by ambulance to the Emergency Department. The ambulance to the Emergency Department. The initial investigation indicates that there was an initial investigation indicates that there was an explosion and fire.explosion and fire.

► Security Services also tells you that a Security Services also tells you that a safety and safety and health officerhealth officer from the Department of Labour from the Department of Labour and a and a City police officerCity police officer have requested your have requested your presence for an interview regarding the incident.presence for an interview regarding the incident.

Are you Prepared ??Are you Prepared ??

►Will you be Will you be prepared prepared to deal with the to deal with the authorities?authorities?

►Will you Will you know and understandknow and understand your your responsibilitiesresponsibilities??

►Will you be Will you be confident in your ability to confident in your ability to showshow that you have done your best to be that you have done your best to be duly diligentduly diligent in providing a safe and in providing a safe and healthy workplace? healthy workplace?

Due Diligence

• Provincial H&S/Environmental Legislation is fairly consistent across Canada. • Offences under the legislation are considered ‘strict liability’ offences. This allows for the defence of due diligence.• Due diligence is the level of judgment, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances.

The Internal Responsibility System

For OSH purposes, the IRS is based on the principle that everyone at the workplace; the employers, workers, contractors and self employed persons, all share a responsibility for the health and safety of persons at the workplace.

How can we ensure we have established programs that provide for an all-inclusive participation of all workplace participants ?

Provincial Safety & Health Provincial Safety & Health LawsLaws

-Basic Worker Rights--Basic Worker Rights-►right to knowright to know about hazards about hazards ►right to participateright to participate in safety activities in safety activities

►right to refuseright to refuse dangerous work dangerous work

How can we ensure we have established programs to deliver on these basic rights ?

University Structure is Unique (to say the least)

Corporation

Directors of Corp

Managers

Supervisors

Workers

University

BOG/PVP

Deans, Directors, Dept Heads

PIs, Prof, Mgrs.

Workers

Students

CORPORATION

UNIVERSITY

Establishing Due Establishing Due Diligence ?Diligence ?

1.1. Comply with Act/Regulatory Requirements Comply with Act/Regulatory Requirements

2.2. Institute Safety and Health ControlsInstitute Safety and Health Controls

3.3. Undertake Inspections and AuditsUndertake Inspections and Audits

4.4. Provide Training (Right to Know)Provide Training (Right to Know)

5.5. Allow Participation (H&S Committees)Allow Participation (H&S Committees)

6.6. Ensure adequate and proper SupervisionEnsure adequate and proper Supervision

7.7. Reasonably foresee and protect staff/students from Reasonably foresee and protect staff/students from hazardshazards

Collaboration is Collaboration is Necessary!Necessary!

►Need to establish mechanisms to allow Need to establish mechanisms to allow collaboration to take place in order to meet collaboration to take place in order to meet due diligence responsibilities, which include; due diligence responsibilities, which include; Developing a comprehensive OSH Program that Developing a comprehensive OSH Program that

identifies the responsibilities of all participants identifies the responsibilities of all participants and clear goals and objectives.and clear goals and objectives.

Developing effective and consistent training Developing effective and consistent training programs for staff/students. programs for staff/students.

Developing effective communication systems to Developing effective communication systems to get the ‘ message’ out.get the ‘ message’ out.

Setting up effective systems to allow Setting up effective systems to allow participation, i.e. joint H&S Committeesparticipation, i.e. joint H&S Committees

How to Collaborate/Partner?How to Collaborate/Partner?

►Establish a central Health and Safety Establish a central Health and Safety Committee, composed of all bargaining Committee, composed of all bargaining unit reps, student rep, academics and unit reps, student rep, academics and administrative staff. ( Statutory administrative staff. ( Statutory requirement in most jurisdictions)requirement in most jurisdictions)

►Setup Local Area H&S Committees Setup Local Area H&S Committees (Faculty/Building/Area)(Faculty/Building/Area)

►Set up Topic/Hazard specific Committees Set up Topic/Hazard specific Committees to deal with particular risks – i.e. to deal with particular risks – i.e. Radiation, Biohazards, Emergency Radiation, Biohazards, Emergency Management, etc.Management, etc.

National National IntegratedIntegrated Risk Risk ManagementManagementGOAL:GOAL: toto enable calculated risk taking in enable calculated risk taking in support of distinct research and learning support of distinct research and learning mandates driving innovation and organizational mandates driving innovation and organizational developmentdevelopment1.1. Compelling External ContextCompelling External Context

2.2. Consistent Strategic FocusConsistent Strategic Focus

3.3. Collaborative ApproachesCollaborative Approaches

Legislation – EH&S Legislation – EH&S Responsibility SummaryResponsibility Summary

FEDERAL LEGISLATIONFEDERAL LEGISLATIONStatuteStatute

ImplicationsImplicationson Researchon Research

Implications on Implications on University Operations University Operations

and Infrastructureand Infrastructure

ImplicationsImplicationson University on University

AdministrationAdministration

Biological and Toxic Weapons Convention Implementation ActBiological and Toxic Weapons Convention Implementation Act

Canada Labour Code (Part II)Canada Labour Code (Part II)

Chemical Management Plan – The ChallengeChemical Management Plan – The Challenge

Chemical Weapons Convention Implementation ActChemical Weapons Convention Implementation Act

Criminal CodeCriminal Code

Defence Production ActDefence Production Act

Department of Health ActDepartment of Health Act

Environmental Assessment ActEnvironmental Assessment Act

Environmental Protection ActEnvironmental Protection Act

Export and Import Permits ActExport and Import Permits Act

Fisheries ActFisheries Act

Food Inspection Agency/Health of Animals ActFood Inspection Agency/Health of Animals Act

Hazardous Products ActHazardous Products Act

Navigable Waters Protection ActNavigable Waters Protection Act

Nuclear Safety and Control ActNuclear Safety and Control Act

Transportation of Dangerous Goods ActTransportation of Dangerous Goods Act

Legislation – EH&S Legislation – EH&S Responsibility SummaryResponsibility Summary

The list is not exclusive and is intended as a guide to the types of legislation that impact University operations

INTERNATIONAL INTERNATIONAL LEGISLATIONLEGISLATION

StatuteStatute

ImplicationsImplicationsof Researchof Research

Implications on Implications on University OperationsUniversity Operations

and Infrastructureand Infrastructure

Implications on Implications on University University

AdministrationAdministration

IATA (International Air Transport Association) TDGIATA (International Air Transport Association) TDG

IAEA (International Atomic Energy Agency)IAEA (International Atomic Energy Agency)

National National

US MilitaryUS Military

Compelling External Compelling External ContextContext

►National Comprehensive LiabilityNational Comprehensive Liability “Criminalization of health and “Criminalization of health and Safety”Safety”

►Broad Risk Spectrum Broad Risk Spectrum = = “Broadened Partnerships”“Broadened Partnerships”

►Focus on Best Practices in Sector Focus on Best Practices in Sector Defense Defense = “ Need for = “ Need for Collaborative Synergy“Collaborative Synergy“

……. building a responsive . building a responsive

foundationfoundation

Enabling Partnerships

Integrated Due Diligence

Community Wide Risk Management

O/EH&S, Security, Emergency Management, Public Safety, Public Health, Regulatory Affairs

Consistent StrategicConsistent StrategicFocusFocus … Critical success … Critical success

factors factors

IRMSTRATEGY

RiskManagementSystem

InternalResponsibilitySystem

SystemAudit

Integration andSupport

CollaborativeCollaborative ApproachesApproaches

►Motivating Internal Synergies Motivating Internal Synergies ►Fostering External PartnershipsFostering External Partnerships►Leveraging National Sector Leveraging National Sector

Specific InfluenceSpecific Influence

A naïve “risk management” A naïve “risk management” approachapproach

► How can different specialist teams work together to How can different specialist teams work together to ensure regulatory compliance and a safe ensure regulatory compliance and a safe workplace?workplace?

Identifying and assessing is the first step Identifying and assessing is the first step Think about eliminating, controlling, or mitigating possible Think about eliminating, controlling, or mitigating possible

risks risks Think in terms of likelihood of occurrence and Think in terms of likelihood of occurrence and

consequences if an event does occurconsequences if an event does occur Prevention is better than correction or curePrevention is better than correction or cure Insurance is good but not a panacea: Should be viewed as Insurance is good but not a panacea: Should be viewed as

part of a more comprehensive risk management strategypart of a more comprehensive risk management strategy

► Professors should be our partners: Moves us from a Professors should be our partners: Moves us from a “regulatory” to “client service” frame of mind“regulatory” to “client service” frame of mind

Research is integral part of Research is integral part of what we dowhat we do

► Integral to our raison d’êtreIntegral to our raison d’être

► Not a typical corporate environment : Not a typical corporate environment : Professors have a freedom of action unknown in any other Professors have a freedom of action unknown in any other

organizational environment.organizational environment. Students are important research performers who are by definition Students are important research performers who are by definition

transitory and often, at least at the start, inexperienced. transitory and often, at least at the start, inexperienced.     ► We must, and do, delegate huge responsibilities to people We must, and do, delegate huge responsibilities to people

with tremendous independence. with tremendous independence.

► The nature of the activities is a key contributor to exactly the The nature of the activities is a key contributor to exactly the type of Environment, Health, Safety and Emergency type of Environment, Health, Safety and Emergency Management issues we must manage.Management issues we must manage.

Partnering with the Partnering with the Research Managers Research Managers

►Our environment:Our environment: Volume, intensity and inter-disciplinarity of Volume, intensity and inter-disciplinarity of

research is increasing as universities take on a research is increasing as universities take on a larger societal research rolelarger societal research role

The regulatory environment changes quickly, The regulatory environment changes quickly, continuously and occasionally in obscure ways continuously and occasionally in obscure ways ►Even small changes can have big impactsEven small changes can have big impacts

Medically-oriented research is increasing relative Medically-oriented research is increasing relative to othersto others►Use of biohazardous materials, radioactive compounds, Use of biohazardous materials, radioactive compounds,

human and animal subjects increasing faster than “rate human and animal subjects increasing faster than “rate of research growth” would suggestof research growth” would suggest

As a research manager, I As a research manager, I care about: care about:

►Research development and growthResearch development and growth►Good managementGood management►Are we following the rules?Are we following the rules?►Do we have the right policy / Do we have the right policy /

administrative infrastructure?administrative infrastructure?►Can we keep up?Can we keep up?►Have I missed anything?Have I missed anything?

We can’t do it without the We can’t do it without the experts!experts!

► We, research managers, rely on the collective wisdom and We, research managers, rely on the collective wisdom and expertise of the specialized teamsexpertise of the specialized teams

► Becoming extremely difficult for institutions to know and to Becoming extremely difficult for institutions to know and to adaptadapt

► Becoming impossible for the researcher to know everything Becoming impossible for the researcher to know everything

► We want you and your teams to be an integral part of our We want you and your teams to be an integral part of our institutional research management teaminstitutional research management team

► We want to work with you manage and mitigate risks, to We want to work with you manage and mitigate risks, to educate, to monitor and ensure compliance and, in general, educate, to monitor and ensure compliance and, in general, to do the right thingto do the right thing

Different issues are Different issues are managed differently:managed differently:

► Ethics / Human Subjects Ethics / Human Subjects Project by Project Project by Project

► Animal Care Animal Care Project plus Procedures (within Project plus Procedures (within projects)projects)

► Radiation / Biohazards Radiation / Biohazards Project plus Procedures Project plus Procedures (within projects) plus Laboratory certification(within projects) plus Laboratory certification

► Environment Environment Project plus Procedures (within Project plus Procedures (within projects) plus Institutional capacityprojects) plus Institutional capacity

► Health and Safety Health and Safety Institutional capacity then Institutional capacity then Laboratory then Project Laboratory then Project

What we have in common:What we have in common:

►DataData The need for information sharing, supported by The need for information sharing, supported by

appropriate and shared systems, has never been appropriate and shared systems, has never been greatergreater

We all collect project-based data – would be a We all collect project-based data – would be a good place to start! good place to start!

► ClienteleClientele Expecting ease of use, consistency of approach, Expecting ease of use, consistency of approach,

inter-service coordination, tools and informationinter-service coordination, tools and information How can we help them be successful?How can we help them be successful?

What we have in common:What we have in common:

► Communications needs:Communications needs: As educators, we should be thinking about :As educators, we should be thinking about :

►Ensuring that our clientele has ready access to the Ensuring that our clientele has ready access to the information they need to do things properlyinformation they need to do things properly

►How each interaction with our clientele affords a pedagogical How each interaction with our clientele affords a pedagogical opportunity.opportunity.

As communicators: We have important messages to As communicators: We have important messages to deliver to, and receive from, our clientele.deliver to, and receive from, our clientele.

►Monitoring / Compliance NeedsMonitoring / Compliance Needs Coordinating processes as much as possible to Coordinating processes as much as possible to

minimize duplication of effort and facilitate for our minimize duplication of effort and facilitate for our clientsclients

In conclusion:In conclusion:

► Promote much closer working relationship between risk Promote much closer working relationship between risk management, regulatory, and research management teamsmanagement, regulatory, and research management teams

► Good management all round mitigates risksGood management all round mitigates risks

► We need to work togetherWe need to work together To assure integrated management approachTo assure integrated management approach To share information, communications opportunitiesTo share information, communications opportunities To wield influenceTo wield influence Ultimately, to better serve our research community: Professors, Ultimately, to better serve our research community: Professors,

students, trainees and employeesstudents, trainees and employees

► Mitigating risks helps us all be, and stay, successfulMitigating risks helps us all be, and stay, successful

Collaboration and Partnerships Collaboration and Partnerships Required to Meet Mounting Required to Meet Mounting

Regulatory Requirements Around Regulatory Requirements Around the Environment, Health, Safety the Environment, Health, Safety

and Emergency Managementand Emergency Management

Julia Lewis - Ryerson UniversityJulia Lewis - Ryerson UniversityGilles Morier - University of OttawaGilles Morier - University of Ottawa

Grant McCaughey - University of ManitobaGrant McCaughey - University of ManitobaChris White - University of GuelphChris White - University of Guelph