guide - incident investigations participant guide

The Occupational Health & Safety Agency for Healthcare in BC

INCIDENT INVESTIGATIONS

Pa r t i c i p a n t ’ s G u i d e

© September 2008, Occupational Health and Safety Agency for Healthcare (OHSAH) in British Columbia. All rights reserved.

Although OHSAH encourages the copying, reproduction and distribution of sections of this guide to promote effective Joint Health and Safety activities in the Healthcare Industry; OHSAH, or the organization OHSAH has noted as owner of certain excerpts, should be acknowledged. Written permission must be received from OHSAH if any part of this publication is used for any other publication or other activities for profi t.

Special thanks to:Worksafe BC for allowing reprint of OSH Regulations, OHS Act, and other materials, and, the HELP Advisory Group:

Alison Hutchison, FHA Jeanette Pedersen, OHSAHAllen Peters, OHSAH Joe Divitt, OHSAHAna Rahmat, HEU Jolene Simpson, OHSAHAndrew Whyte, NHA Karen LaCombe, HEABCAnita Chau, OHSAH Kathryn Wellington, OHSAHAnita Jezowski, VIHA Lara Acheson, BCNUDave Keen, FHA Lynn MacDonald, NHADavid Bell, OHSAH Marjorie Brims, IHADella McGaw, HEU Michael Sagar, WorkSafeBCFrances Kerstiens, HEABC Mona Sykes, BCGEUGurjit Loodu, PHSA Natasha Sharwood, OHSAHJackie Spain, OHSAH Paul Elsoff, VCHJacqueline Per, VCH Stacey Grant, IHAJaime Guzman, OHSAH Tracy Larsen, VIHA

Also thanks to our partners:BC Government & Service Employees’ Union Hospital Employees’ UnionBritish Columbia Nurses’ Union Health Sciences Association of BCHealth Employers Association of BC Fraser Health AuthorityProvincial Health Services Authority Interior Health AuthorityVancouver Island Health Authority Vancouver Coastal Health AuthorityBritish Columbia Institute of Technology Simon Fraser UniversityUniversity of Northern British Columbia University of British ColumbiaBC Public Service Agency BC Ministry of Health ServicesHealthcare Benefi t Trust Northern Health Authority

Questions? Contact OHSAH’s Healthcare, Education & Learning Program:Mail: Suite 301 - 1195 West Broadway, Vancouver, BC V6H 3X5

Phone: 778-328-8000 Toll free: 1-877-328-7810 Fax: 778-328-8001 E: [email protected]

Provincial Violence Committee Contacts

Affi liate PHSAKathleen Strath [email protected] Kathryn Wellington [email protected] Alison Jones [email protected] Hutchison [email protected] David Keen [email protected] VCHCarole Taylor [email protected] Rob Senghera [email protected] Gamble [email protected] Jacqueline Per [email protected] VIHALynn MacDonald [email protected] Tracy Larsen [email protected] Talarico [email protected] Ministry of HealthHelen Coleman [email protected] Judy Thompson [email protected] Nobert [email protected] Donna Langford [email protected] HSABCDarryl Walker [email protected] Marty Lovick [email protected] Sykes [email protected] Carol Riviere [email protected] HEABCMarg Dhillon [email protected] Frances Kerstiens [email protected] Acheson [email protected] Karen LaCombe [email protected] Parkin [email protected] Niemi [email protected] WorkSafeBCJennifer Whiteside [email protected] Michael Sagar [email protected] Winter [email protected] McGaw [email protected] OHSAHSherry Moller [email protected] Andrea Lam [email protected] Ballantyne fl [email protected] Catherine Trask [email protected]

Chris Back [email protected] Divitt [email protected]

OHSAH301-1195 West Broadway Vancouver, BC V6H 3X5 Bus: 778-328-8000 www.ohsah.bc.ca

Canadian Public Health Association (CPHA) 400-1565 Carling Ave Ottawa, Ontario K1Z 8N8 Bus: 613-725-3769 www.cpha.ca

BC Nurses’ Union4060 Regent Street Burnaby, BC V5C 6P5 Bus: 604-433-2268 www.bcnu.org

Health Employers Association of BC 200-1333 West Broadway Vancouver, BC Bus: 604-736-5909 www.heabc.bc.ca

Workers’ Compensation Board of BC 6951 Westminster Highway Richmond, BC V6B 5L5 Bus: 604-276-3100www.worksafebc.com

Ontario Safety Association for Community & Healthcare (OSACH) 1505-4950 Yonge Street Toronto, Ontario M2N 6K1 Bus: 1-877-250-7444 www.hchsa.on.ca

BC Ministry of Health In Vancouver call: 604-660-2421 In Victoria call: 604-387-6121 Elsewhere in BC call: 1-800-663-7867 www.health.gov.bc.ca

Health Sciences Association 300-5118 Joyce Street Vancouver, BC V5R 4H1 Bus: 604-439-0994 www.hsabc.org

Canadian Centre for Occupational Health & Safety135 Hunter Street East Hamilton, Ontario Canada L8N-1M5 Bus:1-905-572-2981 www.ccohs.ca

Healthcare Benefit Trust 1200-1333 West Broadway Vancouver, BC V6H 4C1 Bus: 604-736-2087 www.hbt.bc.ca

Hospital Employees Union 5000 North Fraser WayBurnaby, BC V5J 5M3 Bus: 604-438-5000 www.heu.org

International Agency for Research on Cancer 150 Cours Albert Thomas F-69372Lyon, Cedex 03 France http://iarc.fr/

National Institute for Occupational Health & SafetyRobert A. Taft Laboratories 4676 Columbia Parkway Cincinnati, OH USA 45226 Bus:1-513-533-8462 www.cdc.gov/niosh

United Food and Commercial Workers Union 4021 Kingsway Burnaby, BC V5H 1Y9 Bus: 604-434-3101 www.ufcw1518.com

Canadian Labour Congress 2841 Riverside Drive Ottawa, Ontario K1V 8X7 Bus: 613-521-3400 www.clc-ctc.ca

Health Canada www.hc-sc.gc.caBus: 1-866-225-0709

Human Resources and Social Development CanadaRegional Office and the Vancouver District OfficeHarry Stevens Building 125 - 10th Avenue East Vancouver, British Columbia V5T 1Z3 Telephone: 1 604 872-4384, local 704 www.hrsdc.gc.caToll free: 1 800 668-5155 (B.C. only)

BC Government & Services Employees’ Union 4911 Canada Way Burnaby, BC V5G 3W3 Bus: 604-291-9611 www.bcgeu.bc.ca 1-800-663-1674 2994 Douglas Street Victoria, BC V8T 4N4 Bus: 250-388-9948 www.bcgeu.bc.caBus: 613-954-2941

Resource Contacts

US Occupational Health & Safety Administrationwww.osha.gov

American Conference of Governmental Industrial Hygienistswww.acgih.org

American Industrial Hygiene Association www.aiha.org

Environmental Protection Agencywww.epa.gov

Canadian Centre for Disease Control www.cdc.gov

World Health Organization www.who.ch

Human Resources Development Canada www.hrdc.gc.ca

MSDS Search www.msdssearch.com

National Institute for Disability Management and Research www.nidmar.ca

Medical Research Council of Canada www.mrc.gc.ca

Helpful Websites

Healthcare Education & Learning Program Incident Investigations

Occupational Health & Safety Agency for Healthcare in BC

1

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Incident Investigations Healthcare Education & Learning Program

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People

Equipment/Materials

Environmental

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Human Factors/Organizational

Contributing Factors/Multiple Causes



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Open Ended Questions

Develop 5 open-ended questions you would like to ask when talking to a witness about the incident scenario you are investigating.

1. 2. 3. 4. 5.



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Investigation Scenarios

MSI As a worker assists a patient to sit in bed the patient coughs. The worker quickly twists out of the way, later reporting shoulder and back pain.

Chemicals A lab technician requires medical attention after touching a counter top that had spilled chemical on it.

Slip and fall A worker has just fi nished cleaning the kitchen after assisting a client with preparing and eating dinner. Preparing to leave for her next client, the CHW slips on the wet kitchen fl oor and bruises her leg.

A worker slips on a wet fl oor outside a store room.

BBF A worker is stuck by a needle while disposing of one in an over full sharps container.

Violence During a bath, a resident at a long term care facility spits at and pushes away the worker who is providing assistance.



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Risk Reduction Planning WorksheetJob or Job Task:

Hazards:1)

2)

List recommended control measures using the table and hierarchy below. If a control is not possible,move to the next category.

Category Hazard Control Measure Practicable?

Elimination

1.

2.

Substitution

1.

2.

Engineering Control

1.

2.

Administrative Control

1.

2.

PPE

1.

2.



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Hazard Identifi cation & Risk Assessment

Based on your industry experience and what you’ve learned, how would you prioritize the list below?

A fi re extinguisher with an inspection tag past the expiry date

Ice on the sidewalk at the facility’s main door

A light bulb out in the facility parking lot

An overfi lled sharps container

An x-ray site without warning signs

An emergency exit blocked by boxes, wheelchairs, and a stretcher

A heavy box stored on a high shelf

A WHMIS MSDS book that is missing from its assigned location

No nearby parking available to CHW on late evening shift

No client lift equipment available to transfer a heavy client

Combative, disoriented, uncooperative residents during bathing

Pools of standing water in shower room

Clients / residents have free access to work areas

Low staff numbers on night shift

An unmarked bottle containing a clear liquid

Spilled lab samples on the work surfaces at the nurse’s station



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Risk Reduction Planning WorksheetJob or Job Task:

Hazards:1)

2)

List recommended control measures using the table and hierarchy below. If a control is not possible,move to the next category.

Category Hazard Control Measure Practicable?

Elimination

1.

2.

Substitution

1.

2.

Engineering Control

1.

2.

Administrative Control

1.

2.

PPE

1.

2.



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Incident Investigation Report

This form is provided to employers for the purpose of documenting the employers investigation into a workplace incident. Please attach a separate sheet if necessary.

Employer Name Employer Number

Address where incident occurred (including nearest city)

Incident Occurred ref: s. 3.4(a) Occupational Health & Safety Regulation (OHSR)Place Date Time

Injured Person(s) ref:s. 3.4(b) OHSRLast name First name Job title1)

2)

Nature of Injury/Injuries1)

2)

Witnesses ref:s. 174(4) WCA and s.3.4(c) OHSRLast name First name Address Telephone1)

2)

3)

Incident Description ref:s.3.4(d)-(e) OHSRBriefl y describe what happened, including the sequence of events preceding the incident.



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Statement of Clauses ref:s. 174(2)(a)-(b) WCA and s.3.4(f) OHSRList any unsafe conditions, acts, or procedures that in any manner contributed to the incident.

Recommendations ref:s. 174(2)(c) WCA and s.3.4(g) OHSRIdentify any corrective actions that have been taken and any recommendations to prevent similar incidents.Recommended corrective action Action by whom Action by date

1)

2)

3)

4)

Persons Conducting Investigation ref:s.3.4(h) OHSRName Signature Type of Representative Date

Employer Worker Other



For additional information on the Workers’ Compensation Board and on the requirements for incident investigations, please refer to the WCB website: www.WorkSafeBC.com.

Mailing Address: Workers Compensation Board of BC PO Box 5350 Stn. Terminal Vancouver, BC V6B 5L5Fax: 604-276-3247

Telephone Information:Call centre: 604-276-3247 or toll free within BC: 1-888-621-SAFE (7233)After hours health and safety emergency: 604-273-7711 or toll free: 1-866-922-4357 (WCB-HELP) Form adapted from WorksafeBC Worker and Employer Services Division, Form 52E40



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Joint Committee Action Plan

OH&S Issue:

Risk Control/Corrective Action to be Implemented:

Activity Completion Date

Person Responsible

Resources Required

Status



28

Sample JOHSC Recommendation Form

To: Date:

From: Joint Health & Safety Committee

(Co-Chair Signature – Employer Representative) (Co-Chair Signature – Worker Representative)

Please Respond by: (within 21 calendar days).

OH&S Issue: (Give a short, clear and complete description of the issue. Describe what, why, who, where, and when.)

Committee Recommendation: (attach a separate sheet if necessary) (Make sure the recommendation deals with workplace health and safety. Include reasons for your recommendation. For complex issues, list options, steps involved and suggested time for implementation/completion.) cc: Appropriate Manager, Safety Coordinator, CEO, etc

Employer Response: (attach a separate sheet if necessary) (Note to Employer: In your response, if you accept this recommendation please include a time for comple-tion. If you reject the recommendation, please include your reasons.)

Signature: (Department Head or Designate) Date Return:

Committee Comments: (Note any follow-up or addition action required by the Committee.)

From WCB JOHSC Handbook – pg 39. February 2000 – Revised.



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Guidelines for Writing RecommendationsSend it TO the person who can take action

Date the recommendation and send it to the manager or supervisor who has the authority to follow up on it.

Send it FROM the co-chairsHave both Joint Health and Safety Committee co-chairs sign the recommendation.

Request the employer response within 21 calendar daysInclude a reminder for a written response within 21 calendar days.

Describe the OH&S issueGive a short clear description of the issue: WHAT, WHY, WHO, WHERE, WHEN.Give enough information that the employer does not need to ask for more details/background to make a decision.Refer to any accident, incident, inspection fi nding, or other occurrence related to the issue.

Describe the committee recommendation

Make sure the recommendation is about workplace health and safety.Include the reasons for your recommendation.Suggest a timeframe for it to be done.

Complex Issues For more complex issues, your employer will likely need details/background information to make a decision. It can be helpful to answer the following questions:

Are there specifi c OH&S legislation or standards that apply?What other options are there? (Describe each.)How well will recommended option fi x the problem/address the issue?How long will it take to complete/implement/see results?How much will it cost?Who will be affected? (e.g. number and type of employees)Why did the Committee decide to recommend this option?

Often complex issues will involve more than one step. For example:Conducting a Risk Assessment of affected workers.Purchasing equipment or supplies to address the identifi ed risks.Developing safe work procedures to reduce/eliminate the hazard.Providing education and training to affected workers.

Source: Joint Occupational Health & Safety Committee Workbook. February 28, 2000

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•

••

•

•••

•••••••

••••



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It may be helpful for the Committee to complete a separate recommendation form for each step so that all relevant information can be included.

Copy to appropriate managerIt is helpful to forward a copy of the recommendation to higher levels of management (CEO, upper management, safety coordinator, etc.) or anyone who should know about the health and safety recommendation.

Include space on the form for your employer’s responseProvide space for the employer to reply indicating acceptance of the recommendation or giving the reasons for not accepting the recommendation.If it is not reasonably possible for the employer to respond before the end of 21 calendar days, the em-ployer must provide a written explanation for the delay and let the Committee know when the employer will respond.

Include space on the form for committee commentsThe Committee may want to make comments after reviewing the employer response such as noting any follow-up or action required by the Joint Health and Safety Committee.

Source: Joint Occupational Health & Safety Committee Workbook. February 28, 2000

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Workshop Evaluation

Help us improve the quality of our sessions. Please complete all items and return this form to your facilitator. Thank you!

Which workshop did you complete?□ Intro/Joint Committee Bootcamp □ Hazards, Risks & Inspections □ Incident Investigations□ Violence Prevention Planning □ Preventing & Managing Aggressive Behaviour

I am from:□ Fraser Health □ Interior Health □ Northern Health □ Other□ Vancouver Coastal Health □ Provincial Health Services □ Vancouver Island Health

On the JOHSC I represent: □ Workers □ Employers □ Don’t know □ Not a member

I have taken an OHSAH workshop previously: □ Yes □ No If yes, which one?___________

OVE

RALL

Poor Fair Good GreatNo

opinion

Rate the general class room environment noise, light, heat, set up.

1. □ □ □ □ □

Overall quality of the power point, manual, and handouts.

2. □ □ □ □ □

Comments or concerns regarding class room environment:3.

Comments or concerns regarding quality of materials:4.

PRES

ENTA

TION

Poor Fair Good GreatNo

opinion

The course content was explained using real world examples.

1. □ □ □ □ □

The course goals and learning objectives were clearly outlined.

2. □ □ □ □ □

The course was presented in a logical and well organized manner.

3. □ □ □ □ □

There was a good balance between presenta-tion and group involvement.

4. □ □ □ □ □

The presentation kept my interest and atten-tion.

5. □ □ □ □ □

The audio-visual aids (fl ip charts, slides, video, etc.) were effective.

6. □ □ □ □ □

The course was: □ too short □too long □ adequate7.

The amount of information presented during the course was: □ too short □too long □ adequate8.



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APP

LIC

ATIO

N1 2 3 4 5

The activities and course materials helped me understand and learn the concepts presented.

1. □ □ □ □ □

I will be able to apply much of the material to my safety work. 2. □ □ □ □ □

The handouts and examples presented today will be helpful to my safety work.

3. □ □ □ □ □

The examples and activities were relevant in my safety work.4. □ □ □ □ □

Can you suggest an example or activity we can use in future workshops?5.

What was the most useful thing you learned in this workshop?6.

THE

FAC

ILITA

TOR

1 2 3 4 5

The facilitator encouraged questions and discussion.1. □ □ □ □ □

The facilitator answered my questions effectively. 2. □ □ □ □ □

The facilitator was knowledgeable.3. □ □ □ □ □

The facilitator was well prepared. 4. □ □ □ □ □

The facilitator was enthusiastic.5. □ □ □ □ □

CO

MM

ENTS

Thank You!

The Occupational Health & Safety Agency for Healthcare in BC

RESOURCES



35

Indoor Air Quality

Long-Term Care Facility Investigation Scenario

Employees in a very busy long-term care facility have been complaining of headaches, fatigue and upper respiratory irritation. They believe it is due to poor air quality in a basement area of the facility. The area is used for recreational activities of the residents. The area is in operation from Tuesday to Friday, the other times the staff are upstairs within the facility. The Therapists travel off site throughout the week . The deci-sion to use this area only four days a week was made due to an extreme shortage of resources, money could be saved on heating and lights if only used part of the week.

There has been a great deal of discussion and debate among the staff about the issue of air quality. Mary Prince (Recreation Aide, HEU) and her co-workers Ann Freeman (Recreation Aide, HEU) and Marcia Wright (Recreation Aide, HEU) believe it is due to lack of fresh air, it is very uncomfortable for them and they just do not feel right after being in the basement area for a while. The HSA Recreation Therapist, Myra Mason believes the issue is stress related. The aides are always saying they are overworked. Their supervisor Tom Briggs (Recreation Therapist, HSA) think there is no problem and it is just a woman’s issues, his HEU staff are all over 45.

The Health Authority recently partitioned the space and once the new offi ce was put in with 3 more staff it has made the situation much worse. They moved in a month ago and since Mary had to stay off work her headaches were so bad.

Four staff members including the housekeeper Diane Frank (HEU) who works the day shift have signed a petition and presented it to the Joint OH&S committee. They have asked the committee to recommend a solution to this poor air quality problem. Reviewing your records you see that this was raised before, over a year ago. At the time tests for carbon dioxide levels were done, and it was found that WCB exposure limits were not exceeded but the readings were done on a Monday due to the convenience of having no employees in the department and it worked for the busy schedule of the WorkSafeBC inspector.



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Investigation Assignment - Case 1

The Chemotherapy CaseA Pharmacist working in the Pharmacy Department of a large acute care hospital was mixing chemotherapy drugs in a biological safety cabinet when she heard the exhaust engine shut down. Normally, the exhaust fan creates negative pressure in the cabinet so that the worker does not breathe in any noxious or hazardous fumes or substances. When the fan shut down, the Pharmacist said that she received a blast of air from the cabinet to her face. Two other workers witnessed the incident.

During an investigation of the incident, the following information was discovered. It has now been brought to your committee’s attention for discussion and recommendations.

The incident occurred on January 27, 2007, at approximately 1420 hours.The pharmacist who experienced the incident is Mrs. Jones, a Health Sciences Association (HSA) mem-ber, 32 years old, with 5 years experience in her present role.The workers who witnessed the incident are Mr. Smith, a Pharmacy Assistant (HEU) and Mrs. Brown, a Pharmacist (HSA).The Plant Services Department is responsible for servicing the exhaust fan for the biological safety cabinet.The Manager from the Plant Services Department is Mr. Service.Mr. Service said that one of the plant service workers, Mr. Allen, had been assigned to replace a guard on the exhaust fan on the day of the incident.Mr. Allen had carried out the work on the exhaust fan that served the Pharmacy Department at approxi-mately 1415 hours on January 28, 2007.In order to replace the guard on the fan, Mr. Allen had to lock out the fan to protect himself from injury.Mr. Allen did not notify the Pharmacy Department that he was working on the fan and would have to shut it down.The control panel on the fan stated the name of the department the fan was servicing.There were no signs reminding people to notify the Pharmacy Department if the fan was about to be shut off.The Plant Services department had not written procedures related to shutting down the fan unit for the Pharmacy Department.A contractor who had been carrying out repairs on the fan on January 20, 2007 originally removed the guard unit on the fan.

Based on a case provided by Alison Camplejohn, Providence Health Care, St. Pauls Hospital

1.2.

3.

4.

5.6.

7.

8.

9.

10.11.

12.

13.



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Investigation Assignment - Case 2The Blood and Body Fluid Exposure CaseOne morning, a casual RN went to room 123 of a long term care facility to give a resident her daily insulin injection. After completing the injection, the RN tried to activate the safety device by fl ipping over the nee-dle as she had been trained to do. The safety device broke loose causing a splash to the eyes of the RN, who now also had an uncapped sharp to dispose of. She washed her eyes at the eyewash station and reported the incident to the Charge Nurse and then to the Occupational Health Nurse.

During an investigation of the incident, the following information was discovered. It has now been brought to the attention to your committee’s attention for discussion and recommendations.

The casual RN’s name in Linda Coyle, (BCNU), 33 years old, with 8 years experience as a RN, fi ve full-time and three casual.The resident’s name is Brenda Smith, 75 years old, a resident of the facility for the past fi ve years.The incident occurred at around 0800 hours, November 30, 2007. The safety device broke from the needle when it was activated resulting in a splash to Linda’s eyes. Linda still had the issue of a sharp needle that needed to be disposed of with no active safety device.Linda reported the incident to the Charge Nurse, Bonnie Rate, at about 0805 hours, November 30, 2007.On instructions from Bonnie, Linda reported the incident to the Occupational Health Nurse at around 0900 that same day.The Occupational Health Nurse, Jane Johnson, immediately implemented the Occupational Exposure Protocol and sent the nurse to the nearby hospital’s emergency department for assessment (base line blood tests and possible initiation of prophylactic treatment).One other staff nurse interviewed said “we are often short staffed and you can’t fi nd the equipment you need half the time”.Linda said that she couldn’t fi nd a sharps container and it would have been unsafe to walk down the hallway with an uncapped syringe.The sharps container in room 123 was sitting on the bedside table under and hidden by personal belong-ings.One med. cart at the Nursing Station had no sharps container on the container mounting brackets on the end of the cart. The other cart did not have sharps container mounting brackets at all.A full sharps container was found in a cupboard under the sink in the Nursing Station.No syringe carrying trays were readily available. It was reported that they are often not used when avail-able.Linda had not been vaccinated against Hepatitis B, but was inoculated after the incident. Linda had worked only 2 shifts in the last pay period.A procedure for disposal of sharps existed.Post incident, Linda started to develop a severe eye infection in the eye that was washed out using the plumbed eye wash station.The maintenance department had to reduce its preventative maintenance program due to cut backs 3 years ago.

Based on a case provided by Phil Goodis, George Pearson Centre, Vancouver

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2.3.

4.

5.

6.

7.

8.

9.

10.

11.12.

13.

14.15.

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38

Investigation Assignment - Case 3The Extended Care CaseAn extended care patient in a large acute care hospital attracts the attention of two staff members who hear him moaning in his room. They arrive to fi nd the man lying between his bed and his bedside chair. One of the staff members is an RN (BCNU) and the other is a Care Aide (HEU). The staff decides to get the resi-dent off the fl oor manually, since they are in a hurry and have a number of other tasks to complete. While completing the procedure, the RN mentions to the Care Aide that she has hurt her back.

During an investigation of the incident, the following information was discovered. It has now been brought to your committee’s attention for discussion and recommendations.

The incident occurred at about 1630 hours, January 17, 2007.The RN’s name is Mary Blige, a full time employee who has 15 years experience in the facility.The Care Aide’s name is Louisa Filipo, a casual hired just one month ago.The patient’s name is Mr. Jones – he is 87 years old and has dementia.Mr. Jones was admitted 3 weeks prior to the incident.Mr. Jones weighs about 75 kilos (165 lbs.)Mary and Louisa came into the room together soon after hearing Mr. Jones moaning and found him on the fl oor.They assumed he needed to go to the bathroom and fell when he tried to go himself.They decided to get the patient off the fl oor manually because they were in a hurry and had lots of other work to complete.The staff members found it diffi cult to help Mr. Jones because of spatial limitations.The Nurse Manager had walked past the room with her arms full of papers and books while Mary and Louisa were attempting to help Mr. Jones.Mr. Jones is on diuretics and that is why he needs toileting frequently.His relatives have already complained to the Nurse Manager and the Nursing Director about delays in providing his care.Late that same evening at about 2100 hours, Mary and Louisa pull Mr. Jones, who has slipped down in the bed, up to the head of the bed.Mary mentions to Louisa that her back is getting worse and completes an Employee Incident Report form stating that she hurt her back while repositioning Mr. Jones in bed at 2100 hours.Mary phones the next day to say she would not be coming into work.Louisa, the new casual, received MSI training during orientation.Mary, the RN, has never received MSI training because it was not offered when she started and she was on vacation the one time it was offered.The care plans specifi es a total lift.The RN has never had a previous back injury.The Care Aide knew the patient was a total lift but felt that she had to take the RN’s direction.

Based on a case provided by Carole Taylor, Interior Health Authority, Kelowna, BC

1.2.3.4.5.6.7.

8.9.

10.11.

12.13.

14.

15.

16.17.18.

19.20.21.



39

Investigation Assignment - Case 4The Community Worker CaseYou have just learned of an incident involving a home support worker from your organization. While she was entering a client’s home to do some cleaning and housekeeping, she slipped or tripped on the stairs to the front door and fell, spraining her ankle. She called into the offi ce to let her supervisor know, and then she said she was going home and would make a doctor’s appointment as soon as possible.

During an investigation of the incident, the following information was discovered. It has now been brought to the attention to your committee’s attention for discussion and recommendations.

The incident occurred at about 0845 hours, February 10, 2007.The home support worker’s name is Maria Joseph, 37 years old, a full-time employee with the organiza-tion. She has had two years experience in her role.The client’s name is Mr. Nandeep. He is 83 years old and has lived alone in his own home for three years.The temperature at the time of the incident was -3°C. It was a clear, sunny day.Maria fi rst arrived in Canada from the Philippines 2 ½ years ago. She is a landed immigrant.The 8 steps to Mr.Nandeeps’s front door are quiet steep, but there is a handrail.It is often diffi cult to get home support workers to attend orientation and educational programs because of the decentralized nature of their work.There are no other recorded incidents of this nature at Mr. Nandeeps’s house.About 40% of all WCB claims for home care workers in this area come from “slips and falls”.Mr. Nandeep’s stairs are painted concrete.Mr. Nandeep does not have any rock salt or sand in his house.There were some ice patches on the street at the time of the incident.Maria Joseph has never submitted an injury claim before.The doctor who examined her reported a moderate ankle sprain and recommended that she remained off work for at least 7 days.Maria Joseph has never attended an orientation sessions or training regarding hazard assessment in home care situations.There is no written policy at the organization applicable to incidents of this sort.Maria Joseph’s supervisor did not have time to inspect Mr. Nandeep’s house until 3 days after the inci-dent.

Based on a case provided by Carole Taylor, Interior Health Authority, Kelowna, BC

1.2.

3.

4.5.6.7.

8.9.10.11.12.13.14.

15.

16.17.



40

Investigation Assignment - Case 5The Care Aide CaseA Care Aide was trying to reposition a resident in her bed. The resident (room 321), was lying down and was not breathing very well - the protocol was to reposition her to a semi-reclined or sitting position. The Care Aide attempted to do that (started cranking bed up) when the resident became very agitated. The Care Aide moved to the side of the bed and tried to explain what was going on, but the resident just became angrier, grabbed the side rails, began fl ailing her arm and hit the Care Aide on the side of the neck.

During the investigation of the incident, the following information was discovered. It has now been brought to your committee’s attention for discussion and recommendations.

The Care Aide’s name is Mrs. Anderson, HEU member, 48 years old, with 15 years experience in her role.The residents name is Mrs. Brown, 83 years old, somewhat confused, resident for 3 years.The incident occurred on the evening shift, January 31, 2007, at about 2100 hours.When she was hit, Mrs Anderson called for help from another Care Aide and the Charge Nurse on the shift.Mrs. Anderson came later to Shirley Chan, the Charge Nurse, and said her shoulder was bothering her and showed the Charge Nurse a red welt where the patient had struck her.Mrs. Chan advised Mrs. Anderson to go put some ice on the areas and call First Aid to report the injury.Mrs. Anderson did that and then said she was getting worse so she went to First Aid about 9:40 PM.She came back about half-hour later saying that she couldn’t continue working, as she was too sore.Mrs. Chan called First Aid and made sure that they did up their form and had Mrs. Anderson fi ll in the Section A, Employee’s Report of the Employee Accident/Injury Report.First Aid advised Mrs. Chan that Mrs. Anderson reported soreness in the area of the welt as well as pain in the same shoulder radiating down into her lower back.Mrs. Anderson also said that when the patient struck her she sort of jumped backwards and turned away from the blow catching herself from falling by grabbing the side rail with her right arm. This was the same side the welt was on.Mrs. Anderson said she would make an appointment with her family doctor tomorrow and call in after-wards.Mrs. Chan completed section B, Supervisor’s/Investigator’s section of the Employee Accident/Injury Report at the end of her shift and left it in her supervisor’s in-basket.

Based on a case provided by Peter Duncan, Simon Fraser Health Region, New Westminster

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41

Identifying Hidden Costs

Cost relating to the Injured Worker Productions Loss

Property Damage (Estimate) Supervisory Costs

JOHSC Costs Management Costs

Replacement of Injured Worker Costs Return to Work Costs

Other



42

Worksheet 1 - Identifying Hidden Costs

Cost relating to the Injured WorkerFirst aid supplies and FAA wagesTransportation to doctor at hospitalWages paid for balance of the dayWages paid in addition to compensation, if applicableOther related costs

$2326.80

a.b.c.d.

e.

Productions LossNumber of workers who stopped workTotal hours involvedAverage hourly rateCost of labour timeEstimated cost of lost work hours

$280.00

a.b.c.d.e.

Property Damage (Estimate)Cost of damage to equipmentCost of other property damage

$0.00

a.b.

Supervisory CostsTime investigatingTime reporting (forms, etc.)Other supervisory timeTotal supervisory timeSupervisor’s hourly time

$152.00

a.b.c.d.e.

JOHSC CostsNumber of members involvedTime investigatingTime reportingTime reviewingOther time

$204.00

a.b.c.d.e.

Management CostsTime investigatingReview timeOther management time

$115.00

a.b.c.

Replacement of Injured Worker CostsCost of hiringCost of induction and trainingOther costs

$2650.00

a.b.c.

Return to Work CostsCost of re-trainingCost while productivity below standard

$117.00

a.b.

Other Associated CostsCost of pollution cleanupLiability costsCost of labour management confrontationCost of government confrontation or WCB situations

a.b.c.d.



43

People

Equipment/Materials

Environmental

Process

Human Factors/Organizational

Contributing Factors/Multiple Causes



44

PeopleFatiguedHigh workloadLanguage diffi cultiesPersonality confl ictsDeadline pressuresAbnormal mental/physical stateOccupational disease/injury factorsPatient/resident/client factors

Unable to follow directionsInconsistent weight bearingUnder infl uence of drugs/alcoholResistiveAggressiveConfused

Patient personal care activities

••••••••

------

•

Equipment/MaterialsEquipment in poor working conditionPPE inadequate or unavailableWrong equipment or taskImproper useEquipment not availableEquipment malfunctionEquipment defectsImproper signageInadequate or poor signageNo handles or grip surfaceWeightAwkward shapesChemical propertiesSafety devices

••••••••••••••

EnvironmentalTemperaturePoor lightingRadiationBiohazardsExcessive noisePoor housekeepingObstacles in pathHard surfacesInadequate ventilationPoor weather condi-tionsPoor workplace design

••••••••••

•

Improper storageUneven surfaceSlippery surfaceExcessive activityLimited spaceSharp edges

••••••

ProcessErgonomics

PosturesForceRepetitionHow farHow longHow often

•------

No planningUnsecure gripUnnacustomed

•••

Unstable loadType of task (lifting, lowering, carrying)Improper procedures/Incorrect techniqueDid not use or incorrectly used equipmentDid not follow designated procedureImproper assessment of patient/client/load

••••••

Human Factors/OrganizationalPoor planningWorking aloneLack of supervisionInadequate informationPoor communication, unclear instructionsScheduling: Shifts, Work-rest cyclesInsuffi cient or lack of training/educationLack of equipment/PPELack of safe work proceduresPerceived time constraintsFailure to enforce H&S procedures for the work

•••••••••••

Worksheet - Contributing Factors/Multiple Causes



45

Contributing Factors/Multiple CausesAsk yourself the following questions when determining what factors may have contributed to the incident. (Suggestions only, these will vary depending on the incident.)

Equipment/MaterialsWas there any malfunction or defect in equipment, tools, or materials? If so, why?Was the equipment properly maintained? Regularly inspected? Known to be faulty? Was it reported? Why was it not repaired, or replaced?Was the equipment appropriate for the job and readily available for the task? Is the equipment poorly designed?Was the required personal protective equipment available and was the worker wearing it? If not, what were the reasons for not wearing it?Were safety devices in place and working properly?Is the equipment hazardous?Have workers been trained in the use of the equipment?Were hazardous materials present (gases, fumes, dusts)?Were products handled safely? What are the hazards of the ingredients?Were materials/products labelled correctly? If not, what was the reason?Were MSDS’s available? Spill kits? If not, what was the reason?Are written safe work procedures in place to operate equipment and tools, or handle the materials? Were they used? Were there problems with physical aspects: grip, size, shape, weight, stability, surface, or edges?

EnvironmentDid the location or position of the equipment, material or worker contribute to the incident? (ie. trip/slip hazards, housekeeping issues)Was the hazardous condition/area identifi ed previously and reported? If not, why? If yes, why was it not corrected?Was there suffi cient work space?Did environmental conditions contribute to the incident? (temperature, lighting, noise, ventilation, weather, etc.)Were there sudden changes in conditions?

People/Nature of the InteractionWas worker distracted or rushed? Why?If assistance was needed for the task did the worker request it and was it available?Were other issues present: illness/injury, distraction, stress, fatigue, language?Did human factors such as personality confl icts and working relationships play a role?Did patient/resident/client factors contribute? (i.e. unable to follow directions, inconsistent weight bear-ing, under infl uence of drugs/alcohol, resistive, aggressive or agitated, upset, confused)Did patient care activities play a role (e.g. personal care activities)?

••

•

•

••••••••

•

•

•

••

•

•••••

•



46

Task/Work ProcessWas the worker trained in the safe work procedure? Had the training been confi rmed? Did they follow it? If not, what were the reasons for not following the work procedure?Were responsibilities or instructions clearly defi ned and communicated?Were there ergonomic factors: postures, force, repetition, duration, grip, stability, contact stress, workload? Type of task? Was the correct equipment used? Used properly? If not, how was it used?Were correct procedures used? If not, what was the procedure?Was the patient, client, resident adequately assessed? Were control measures implement-ed?

OrganizationalWere safety policies and rules established? Communicated? Followed?Was a risk assessment completed and risk control measures implemented prior to the task being done? If not, why not?Was there a written work procedure for the task? Is it adequate and current? Available and being enforced? If not, why? Was worker informed of potential job hazards? Were responsibilities or instructions clearly defi ned, communicated, and understood at all levels (workers, supervisors, management)?Is a training program in place and effective?Are supervisors trained and qualifi ed? Was supervision effective?Was there any action to:

detect, anticipate or report a hazardous condition?detect or correct deviations from the safe job procedures? initiate corrective action for known hazardous conditions?If not, what where the reasons for not taking any action.

Did scheduling, shifts, and work-rest cycles contribute to the incident?Are there perceived time constraints?

•

••

•••

••

•

••

•••

----

••



47

What Types of Incidents do I Need to Report?

Policy Item D10-172-1 (Summary)A reportable injury is an injury arising out of and in the course of employment, or which is claimed by the worker to have arisen out of and in the course of employment, where on of the following conditions is present or subsequently occurs:

The worker loses consciousness following the injury.The worker is transported or directed by a fi rst aid attendant or other employer representative to a hos-pital or other place of medical treatment, or is recommended by such persons to go to such place.The injury is one that obviously requires medical treatment.The worker has recieved medical treatment for the injury.The worker is unable or claims to be unable by reason of the injury to return to his or her usual job function on any working day subsequent to the day of the injury.The injury or accident resulted or is claimed to have resulted in the breakage of an artifi cial member, eyeglasses, dentures or a hearing aid.The worker or WorkSafeBC has requested that an employer’s report be sent.

Where none of the conditions listed above are present, an injury is a minor injury and not required to be reported to WorkSafeBC unless one of those conditions subsequently occurs.

As a general guideline, a report would be expected when the incident resulted in an injury that re-quired immediate attention beyond the level of service provided by a fi rst aid attendant, or injuries to several workers that require fi rst aid.

You must immediately investigate the following types of incidents to WorkSafeBC’s emergency and ac-cident reporting whether or not an injury occurs:

Occurences resulting in injury or death.Major structural failures or building or equipment collapses.The major release of a hazardous substance.Any occurence resulting in injury to a worker requiring medical treatment.An occurence that resulted in either a minor injury or no injury at all to a worker (where no medical treatment was required) but that had the potential for causing serious injury

Note: In addition to requiring investigation, items #1-3 on the above list must be immediately reported to WorkSafeBC.

As a general guideline:A major release dies not only mean a considerable quantity, or the peculiar nature of the release, such as a gas or volatile liquid, but, more importantly, the seriousness of the risk to the health of workers. Factors that determine the seriousness of the risk include the degree of preparedness of the employer to respond to the release, the necessity of working in close proximity to the release and the nature of the substance. The incident resulted in a situation of continuing danger to workers, such as when the release of a chemical can-not be readily or quickly cleaned up.

••

•••

•

•

•••••



48

Active Listening

Active listening is a tool for gathering information during an investigation.

It is the art of receiving information from others without interpreting, reacting, analyzing, or judging. It is listening without distractions.

Active listening is turning off the mind chatter, and not imposing personal bias or judgment calls that will interfere with clearly understanding what someone is saying.

Active listening is being open to different ideas, new ideas, and alternatives.

Active listening is a skill that requires practice.

Active listening uses energy.

Active Listening Tips

Set upFocus on the speaker. Don’t react to what is being said, try to problem solve, think of how to interrupt, or plan what you are going to say. Stay objective. Minimize distractions.Listen for key words.

Following SkillsUse receptive spoken language and body language SINCERELY to encourage a speakers train of thought:Phrases Body language/posture

“I see…” Nod your head

“Hmmm” or “mmhmmm” Refl ect facial expressions

“Uh huh” Maintain periodic eye contact (comfortably)

“Oh?” Incline your body toward the speaker

“Right”, “Really?” Face them squarely

“Please, go on” Maintain an open position - avoid arms crossed, principle offi ce set up

“Sure” Be aware of personal space bubbles

“I understand” Use attentive silence

Refl ecting skills - Paraphrase or summarize

A.•

••

B.

C.



49

Shows you have been listeningDemonstrates interestGives the speaker feedback on how their message is being expressed Restate the essence of what someone said to verify what you heard and understood.

“So, you’re suggesting ….”“If I understand you correctly…. “

Offer opportunities for the speaker to correct or clarify your understanding. Use open ended questions to clarify points. Never give an opinion unless specifi cally asked.

Sources:NC State College of Humanities & Social Sciences, Center for Information Society Studies (CISS). At-tentive and Critical Listening Description. www.chass.ncsu.edu/ccstm/scmh/morelisten.htmlNational Parks Service Community Tool Box – Active Listening. http://www.nps.gov/phso/rtcatool-box/fac_activelistening.htmFree Skills Dot Com – Active Listening http://tutorials.freeskills.com/The Arthritis Society – Improving Communications – Active Listening. http://www.arthritis.ca/tips%20for%20living/communicating%20your%20needs/other%20half/active/default.asp?s=1 Mind Tools, Essential skills for an excellent career – Communication Skills – Active Listening. http://www.mindtools.com/CommSkll/ActiveListening.htm

••••

--

•••

1.

2.

3.4.

5.



50

Open Ended Questions

Tip: Open ended questions cannot be answered with just a “yes” or “no”, or one word.

Tip: To start one should ask the questions “Describe for me what happened? Then when necessary ask other open ended questions.

The questions you ask will vary depending on the incident. Below are examples:

Where were you at the time of the incident?What were you doing at the time?What did you see, hear?What were the environmental conditions?What was the injured worker doing?In your opinion, what caused the incident?How might similar incidents be prevented?

Sources:Alberta Government, Workplace Health and Safety Incident Investigations eLearning Program. (http://www3.gov.ab.ca/hre/whs/learning/)The Education Safety Association of Ontario, Accident Investigation Workshop, 2001.

1.2.3.4.5.6.7.

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51

Review Recommendation

Respond within 21 Calendar Days?

Yes No

Inform Committee of Delay (in Writing) Identify reasons for delay Identify when employer will respond

Respond to Committee in Writing

Accept Recommendation? Identify action employer will take Identify who will be responsible Identify timeframe for implementation/completion

Reject Recommendation? Identify reasons for rejecting the recommendation

Responding to a RecommendationCourtesy of WorksafeBC



52

A Guide to Incident Investigation

Use this guide in conjunction with the requirements of the Workers Compensation Act (WCA), Part 3, Divi-sion 10, and the Occupational Health and Safety Regulation (OHSR), section 3.4.

When is an investigation required?Employers are required to immediately undertake an investigation into any incident or other accident that:

Is required to be reported under section 172 of the Workers Compensation Act, orResulted in injury requiring medical treatment, orDid not involve an injury to a worker or involve a minor injury that did not require medical treatment but had the potential for causing serious injury, orWas an incident required by regulation to be investigated.

Who should conduct the investigation?Incidents must be investigated by people knowledgeable about the type of work involved at the time of the incident.If reasonably available, investigations must be carried out with the participation of one employer repre-sentative and one worker representative.

What is the purpose of an investigation?The purpose of an investigation is to determine the cause or causes of the incident, to identify any unsafe conditions, acts or procedures that contributed to the incident, and to recommend corrective action to pre-vent similar incidents.

Who receives copies of the report?Incident investigation reports required by the WCA must be provided to the joint health and safety commit-tee or worker representative as applicable, and to the WCB.

What follow-up action is required after an incident investigation?After an investigation, the employer must without undue delay undertake any corrective action required to prevent recurrence of similar incidents and must prepare a report of the action taken. The report must be provided to the joint health and safety committee or worker representative as applicable. The follow-up report does not have to be provided to the WCB unless requested by a Board offi cer.

What information should be included in the investigation report?An incident investigation report should answer the WHO, WHERE, WHEN, WHY and HOW questions with regard to the incident.

WHO Employer, injured person(s), other person(s) involved in the incident, witnesses, and persons carrying out the investigation

WHERE Place, location where incident occurred

WHEN Date and time of the incident

•••

•

•

•



53

WHAT A brief description of the incident, including the sequence of events that preceded the incident Before the incident occurred:

What were the events that led up to the incident?What process(es) was/were occurring immediately prior to the incident?What was/were the worker(s) doing immediately prior to the incident?What was the last incident before the incident occurred?

At the time of the incident:What happened at the time of the incident?What process(es) was/were occurring at the time of the incident?What was/were the worker(s) doing at the time of the incident?What hazard(s) was/were the worker(s) exposed to?What hazards may have contributed to the incident occurring?What hazards did the worker(s) encounter?What personal factors may have contributed to the incident occurring?

Other information:Other observationsOther related information

WHY From the answers to “what”, identify any unsafe conditions, acts, or procedures that in any manner contributed to the incident. Why did the unsafe conditions, acts, or procedures occur? Why were the personal factors not identifi ed and/or addressed before the incident occurred?

HOW An investigation report should recommend corrective actions to prevent similar incidents from occurring. Once it is known why an incident occurred, determine how to prevent recurrence. For example:

Improve workplace inspection and maintenance programsRepair or replace equipment/buildingInstall safeguardsEstablish or revise safe work proceduresTrain/retrain person(s)Improve supervision

Additional Information for Determining Why an Incident HappenedTo determine the most probable cause(s) of an incident, consider all details of the investigation, including witness statements and, where possible, the injured worker’s statement.

Determine if the incident was due to an unsafe act, an unsafe condition, unsafe or inadequate procedures, or a combination of these. Consider whether the accepted/current procedures adequately address safety concerns associated with the activity that was taking place when the incident happened. Consider training, supervision, equipment controls, safeguards and lock-out.

••••

•••••••

••

••••••



54

Unsafe Acts – An unsafe act is a specifi c action or lack of action by an individual that is under the indi-vidual’s control. Examples of unsafe acts include: knowingly not following established rules, knowingly not following established procedures; knowingly disregarding a hazard; willful misconduct; abusing equipment; knowingly using equipment incorrectly; choosing not to use personal protective equipment; and not locking out when required. Generally, violating a safety rule, not following a safe work procedure, or disregarding a hazard are considered unsafe acts.

Unsafe Conditions – Examples include poor housekeeping, congested areas, defi cient equipment, equip-ment lacking safeguarding or having ineffective safeguarding, lack of personal protective equipment, poor visibility, poor weather conditions, and lack of or inadequate training. Inadequate training should be consid-ered an unsafe condition as opposed to a defi ciency in skill or ability (personal factors).

Inadequate Procedures – Indications that procedures are inadequate include:Procedures are not available in written formProcedures do not identify inherent hazardsProcedures do not identify hazard control methodsProcedures do not identify safeguards that must be in placeProcedures do not address pre-operation inspection requirementsProcedures do not address lock-out requirementsProcedures direct improper use of equipment or tools

Personal Factors – A personal factor is a defi ciency in skill or ability, a physical condition, or a mental attitude. It is a factor inherent in an individual at the time of the incident. Examples include work fatigue due to manual exertion, distress due to emotional problems, the infl uence of alcohol or drugs, or illness. A condition causing an allergic reaction in some but not most workers should be considered a personal factor, not an unsafe condition.

Source: WorkSafeBC; form 52E40, pages 3 & 4; A Guide to Incident Investigation

•••••••



55

Accident/Incident Investigation ChecklistNotifi cation

AgencyTime and date of incidentTime and date of notifi cationTime and date of arrival on site

□□□□

OthersInstructionsExperience in industryExperience in job at time of incidentSupervisionTrainingKnowledge of OHS RegulationFamiliarity with the equipment used at the time of the accident

□□□□□□□

SceneDiagramPhotosMeasurements

□□□

Equipment and SiteGeneral conditionMake and serial and model numberManufacturers’ informationMaintenance information and recordsSuitability and adequacy of equipmentLayout of operation

□□□□□□

WorkerNameAgeHome address and phone noOccupationExperienceTraining this jobFamiliarity with equipmentHow supervisedPersonal Protective EquipmentPersonal Problems On/Off jobMental/Physical disabilitiesNature of injuries

□□□□□□□□□□□□

Environment and SiteGeneral conditionLightingVentilationWindTemperatureWeather conditionsNoise

□□□□□□□Supervision

NameAgeExperience as supervisorExperience in job that worker was doingPersonal knowledge of workerMethod of supervisionKnowledge of OHS RegulationsOpinion of how accident happenedOpinion of how accident could be preventedSupervisors’ instruction from management

□□□□□□□□□□

Persons with InformationNameWork and residence addressRecollection of accidentHearsay (scuttle)

□□□□

EmployerName and address of head offi ceAddress of where worker records are heldCondition of fi rm safety program

□□□

First AidWas treatment givenWere statistics availableName of First Aid attendant

□□□

Source: WorkSafeBC; Investigation of Accidents and Diseases, Reference Guide and Workbook, 2004



56

The Occupational Health and Safety Regulation is adopted under the Workers Compensation Act as amend-ed from time to time. This web site includes amendments up to and including December 2004. ome key sections of the Act are provided on this Web site (www2.worksafebc.com/publications/OHSRegulation/WorkersCompensationAct.asp):

Sections with direct application to the workplace, including the rights and responsibilities of employers, workers, and other workplace parties, are provided verbatim and shown in normal text. Sections that deal with administrative provisions, such as administrative practices and regulation-making authority of the Workers’ Compensation Board, are summarized and enclosed in boxes. The summaries are provided as a convenient, plain-language reference. For details, always consult the complete copy of the Act.

The offi cial, printed version of the Act can be obtained from Crown Publications. The Queen’s Printer also provides an unoffi cial electronic version of the Workers’ Compensation Act. The Province of British Columbia holds copyright.

The Act is organized in four Parts. A number of provisions in Part 1 and all of Part 3 apply to occupational health and safety and are provided here either verbatim or summarized. Some sections in Part 4 apply to ap-peals of health and safety decisions. The excerpts and summaries in this online version may meet the requirement for the Workers Compensa-tion Act to be readily available to workers. See Guideline G-D3-115(2)(f) for further details.

Part 3 Occupational Health and SafetyNote: The sections relating to the right to refuse unsafe work have been excluded because they have not been brought into effect. These sections are the defi nition of “right to refuse unsafe work” in section 106, all of Division 5, which includes sections 141 to 149.

Part 3 Division 1 - Interpretation and PurposesDefi nitions - 106In this Part and in the regulations under this Part:

“collective agreement” means the same as in the Fishing Collective Bargaining Act, the Labour Relations Code or the Public Service Labour Relations Act;

“employer” means (a) an employer as defi ned in section 1,(b) a person who is deemed to be an employer under Part 1 of this Act or the regulations under that Part, and(c) the owner and the master of a fi shing vessel for which there is crew to whom Part 1 applies as if the crew were workers, but does not include a person exempted from the application of this Part by order of the Board;

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Sections from the Workers Compensation Act - Excerpts and Summaries (from WorkSafeBC)



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Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.Under Part 1, an “employer” is any person who has one or more persons working for them in or about an industry, through either a hiring contract or an apprenticeship contract. The contract can be written or oral, express or implied.

“hazardous substance” includes (a) a controlled product within the meaning of the Hazardous Products Act (Canada),(b) a substance designated as a hazardous substance by regulation, and(c) a biological, chemical or physical agent that, by reason of its properties, is hazardous to the health or safety of persons exposed to it;

“joint committee” means a joint health and safety committee under Division 4 of this Part;

“offi cer” means a person appointed as an offi cer under section 86 (1) or a person authorized to act as an offi cer under section 114;

“order” means an order under this Part or the regulations;

“owner” includes (a) a trustee, receiver, mortgagee in possession, tenant, lessee, licensee or occupier of any lands or premises used or to be used as a workplace, and(b) a person who acts for or on behalf of an owner as an agent or delegate;

“prime contractor” means the prime contractor for a workplace within the meaning of section 118;

“regulation” means a regulation under this Part made by the Board or by the Lieutenant Governor in Coun-cil;

“supplier” means a person who manufactures, supplies, sells, leases, distributes, erects or installs (a) any tool, equipment, machine, device, or(b) any biological, chemical or physical agentto be used by a worker;

“union” means (a) a trade union recognized under the Labour Relations Code, or(b) another organization of workers formed for purposes that include the regulation of relations between workers and employers, if the organization has given notice to the employer and the Board that it is to be considered a union for the purposes of this Part;

“variance order” means an order under section 164;

“wages” means the same as in the Employment Standards Act;

“work related” means arising from or in connection with work activities;



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“worker” means (a) a worker as defi ned in section 1, and(b) a person who is deemed to be a worker under Part 1 or the regulations under that Part, or to whom that Part applies as if the person were a worker, but does not include a person exempted from the application of this Part by order of the Board;

Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.Under Part 1, a “worker” includes:- any person who is in a contract of service or apprenticeship;- any learner who, although not under a contract of service or apprenticeship, becomes subject to the haz-ards of an industry while undergoing training or probationary work specifi ed or stipulated by the employer as a preliminary to employment;- any member of a fi re brigade or an ambulance driver or attendant working with or without remuneration, when serving any of the following organizations, or a board or commission conducting work on behalf of these organizations: a municipality, an urban area, an improvement district or a regional district under the Municipal Act, a board of school trustees, a Francophone education authority as defi ned in the School Act, a library board, a parks board, or the City of Vancouver;- any person receiving instruction in mine rescue work under the direction or with the written approval of the employer;- any person participating, with the express or implied consent of the employer, in a mine rescue following an incident that endangers life or property, irrespective of whether, during the rescue, the person is entitled to receive wages from the employer, or from any employer, or is a volunteer;- any member of a mine inspection committee appointed or elected by the workers in the mine to inspect the mine on behalf of the workers;- any independent operator admitted by the Board, who is neither an employer nor a worker;- any person enrolled in a vocational or training program approved by the Minister of Education, Skills and Training and the Minister of Labour and attending program at its designated location, when deemed a worker by the Board at the request of either minister.

“worker health and safety representative” means a worker health and safety representative under section 139;

“worker representative” means(a) in relation to a workplace for which there is a joint committee, a worker representative on the committee, and(b) in relation to a workplace for which there is a worker health and safety representative, that repre-sentative;“workplace” means any place where a worker is or is likely to be engaged in any work and includes any vessel, vehicle or mobile equipment used by a worker in work.

Purposes of Part - 107(1) The purpose of this Part is to benefi t all citizens of British Columbia by promoting occupational health and safety and protecting workers and other persons present at workplaces from work related risks to their health and safety.



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(2) Without limiting subsection (1), the specifi c purposes of this Part are(a) to promote a culture of commitment on the part of employers and workers to a high standard of occupational health and safety,(b) to prevent work related accidents, injuries and illnesses,(c) to encourage the education of employers, workers and others regarding occupational health and safety,(d) to ensure an occupational environment that provides for the health and safety of workers and others,(e) to ensure that employers, workers and others who are in a position to affect the occupational health and safety of workers share that responsibility to the extent of each party’s authority and abil-ity to do so,(f) to foster cooperative and consultative relationships between employers, workers and others re-garding occupational health and safety, and to promote worker participation in occupational health and safety programs and occupational health and safety processes, and(g) to minimize the social and economic costs of work related accidents, injuries and illnesses, in or-der to enhance the quality of life for British Columbians and the competitiveness of British Colum-bia in the Canadian and world economies.

Application of Part - 108(1) Subject to subsection (2), this Part applies to

(a) the Provincial government and every agency of the Provincial government,(b) every employer and worker whose occupational health and safety are ordinarily within the juris-diction of the Provincial government, and(c) the federal government, every agency of the federal government and every other person whose occupational health and safety are ordinarily within the jurisdiction of the Parliament of Canada, to the extent that the federal government submits to the application of this Part.

(2) This Part and the regulations do not apply in respect of(a) mines to which the Mines Act applies,(b) railways to which the Railway Act applies, or(c) subject to subsection (3), the operation of industrial camps to the extent their operation is sub-ject to regulations under the Health Act.

(3) The Lieutenant Governor in Council may, by regulation, provide that all aspects of this Part and the regulations apply to camps referred to in subsection (2)(c), in which case this Part and the regulations prevail over the regulations under the Health Act to the extent of any confl ict.

Review of Part and Regulations - 109(1) The minister may appoint a committee to conduct a review of all or part of this Part and the regulations and to report to the minister concerning its recommendations.

(2) A review under this section must include a process of consultations with representatives of employers, workers and other persons affected by this Part and the regulations.

(3) For certainty, the costs of a review under this section are part of the costs of administering this Act.



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Relationship with Part 1 - 110(1) The failure to comply with any provision of this Part or the regulations does not affect the right of a worker to compensation, if otherwise entitled, under Part 1 of this Act.

(2) The liabilities and obligations of a person under Part 1 of this Act are not decreased or removed by rea-son only of the person’s compliance with the provisions of this Part or the regulations.

Part 3 Division 3 - General Duties of Employers, Workers and OthersGeneral Duties of Employers - 115(1) Every employer must

(a) ensure the health and safety of(i) all workers working for that employer, and(ii) any other workers present at a workplace at which that employer’s work is being carried out, and

(b) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), an employer must(a) remedy any workplace conditions that are hazardous to the health or safety of the employer’s workers,(b) ensure that the employer’s workers

(i) are made aware of all known or reasonably foreseeable health or safety hazards to which they are likely to be exposed by their work,(ii) comply with this Part, the regulations and any applicable orders, and(iii) are made aware of their rights and duties under this Part and the regulations,

(c) establish occupational health and safety policies and programs in accordance with the regulations,(d) provide and maintain in good condition protective equipment, devices and clothing as required by regulation and ensure that these are used by the employer’s workers,(e) provide to the employer’s workers the information, instruction, training and supervision neces-sary to ensure the health and safety of those workers in carrying out their work and to ensure the health and safety of other workers at the workplace,(f) make a copy of this Act and the regulations readily available for review by the employer’s workers and, at each workplace where workers of the employer are regularly employed, post and keep posted a notice advising where the copy is available for review,(g) consult and cooperate with the joint committees and worker health and safety representatives for workplaces of the employer, and(h) cooperate with the Board, offi cers of the Board and any other person carrying out a duty under this Part or the regulations.

General Duties of Workers - 116(1) Every worker must

(a) take reasonable care to protect the worker’s health and safety and the health and safety of other persons who may be affected by the worker’s acts or omissions at work, and(b) comply with this Part, the regulations and any applicable orders.



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(2) Without limiting subsection (1), a worker must(a) carry out his or her work in accordance with established safe work procedures as required by this Part and the regulations,(b) use or wear protective equipment, devices and clothing as required by the regulations,(c) not engage in horseplay or similar conduct that may endanger the worker or any other person,(d) ensure that the worker’s ability to work without risk to his or her health or safety, or to the health or safety of any other person, is not impaired by alcohol, drugs or other causes,(e) report to the supervisor or employer

(i) any contravention of this Part, the regulations or an applicable order of which the worker is aware, and(ii) the absence of or defect in any protective equipment, device or clothing, or the existence of any other hazard, that the worker considers is likely to endanger the worker or any other person,

(f) cooperate with the joint committee or worker health and safety representative for the workplace, and(g) cooperate with the Board, offi cers of the Board and any other person carrying out a duty under this Part or the regulations.

General Duties of Supervisors - 117(1) Every supervisor must

(a) ensure the health and safety of all workers under the direct supervision of the supervisor,(b) be knowledgeable about this Part and those regulations applicable to the work being supervised, and(c) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), a supervisor must(a) ensure that the workers under his or her direct supervision

(i) are made aware of all known or reasonably foreseeable health or safety hazards in the area where they work, and (ii) comply with this Part, the regulations and any applicable orders,

(b) consult and cooperate with the joint committee or worker health and safety representative for the workplace, and(c) cooperate with the Board, offi cers of the Board and any other person carrying out a duty under this Part or the regulations.

Coordination at Multiple-Employer Workplaces - 118(1) In this section:“multiple-employer workplace” means a workplace where workers of 2 or more employers are working at the same time;

“prime contractor” means, in relation to a multiple-employer workplace,(a) the directing contractor, employer or other person who enters into a written agreement with the owner of that workplace to be the prime contractor for the purposes of this Part, or(b) if there is no agreement referred to in paragraph (a), the owner of the workplace.



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(2) The prime contractor of a multiple-employer workplace must(a) ensure that the activities of employers, workers and other persons at the workplace relating to occupational health and safety are coordinated, and(b) do everything that is reasonably practicable to establish and maintain a system or process that will ensure compliance with this Part and the regulations in respect of the workplace.

(3) Each employer of workers at a multiple-employer workplace must give to the prime contractor the name of the person the employer has designated to supervise the employer’s workers at that workplace.

General Duties of Owner - 119Every owner of a workplace must

(a) provide and maintain the owner’s land and premises that are being used as a workplace in a man-ner that ensures the health and safety of persons at or near the workplace,(b) give to the employer or prime contractor at the workplace the information known to the owner that is necessary to identify and eliminate or control hazards to the health or safety of persons at the workplace, and(c) comply with this Part, the regulations and any applicable orders.

General Duties of Suppliers - 120Every supplier must

(a) ensure that any tool, equipment, machine or device, or any biological, chemical or physical agent, supplied by the supplier is safe when used in accordance with the directions provided by the supplier and complies with this Part and the regulations, (b) provide directions respecting the safe use of any tool, equipment, machine or device, or any biological, chemical or physical agent, that is obtained from the supplier to be used at a workplace by workers,(c) ensure that any biological, chemical or physical agent supplied by the supplier is labelled in accor-dance with the applicable federal and provincial enactments,(d) if the supplier has responsibility under a leasing agreement to maintain any tool, equipment, machine, device or other thing, maintain it in safe condition and in compliance with this Part, the regulations and any applicable orders, and(e) comply with this Part, the regulations and any applicable orders.

Duties of Directors and Offi cers of a Corporation - 121Every director and every offi cer of a corporation must ensure that the corporation complies with this Part, the regulations and any applicable orders.

General Obligations are Not Limited by Specifi c Obligations - 122A specifi c obligation imposed by this Part or the regulations does not limit the generality of any other obli-gation imposed by this Part or the regulations.

Persons May be Subject to Obligations in Relation to More Than One Role - 123(1) In this section, “function” means the function of employer, supplier, supervisor, owner, prime contrac-tor or worker.



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(2) If a person has 2 or more functions under this Part in respect of one workplace, the person must meet the obligations of each function.

Responsibility When Obligations Apply to More Than One Person - 124If

(a) one or more provisions of this Part or the regulations impose the same obligation on more than one person, and (b) one of the persons subject to the obligation complies with the applicable provision, the other persons subject to the obligation are relieved of that obligation only during the time when (c) simultaneous compliance by more than one person would result in unnecessary duplication of effort and expense, and(d) the health and safety of persons at the workplace is not put at risk by compliance by only one person.

Part 3 Division 4 - Joint Committees and Worker Representatives

When a Joint Committee is Required - 125An employer must establish and maintain a joint health and safety committee

(a) in each workplace where 20 or more workers of the employer are regularly employed, and(b) in any other workplace for which a joint committee is required by order.

Variations in Committee Requirements - 126(1) Despite section 125, the Board may, by order, require or permit an employer to establish and maintain

(a) more than one joint committee for a single workplace of the employer,(b) one joint committee for more than one workplace or parts of more than one workplace of the employer, or(c) one joint committee for the workplace or parts of the workplaces of a number of employers, if the workplaces are the same, overlapping or adjoining.

(2) An order under subsection (1) may(a) specify the workplace, workplaces or parts for which a joint committee is required or permitted, and(b) provide for variations regarding the practice and procedure of a joint committee from the provi-sions otherwise applicable under this Part or the regulations.

Membership of Joint Committee - 127A joint committee for a workplace must be established in accordance with the following:

(a) it must have at least 4 members or, if a greater number of members is required by regulation, that greater number;(b) it must consist of worker representatives and employer representatives;(c) at least half the members must be worker representatives;(d) it must have 2 co-chairs, one selected by the worker representatives and the other selected by the employer representatives.



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Selection of Worker Representatives - 128(1) The worker representatives on a joint committee must be selected from workers at the workplace who do not exercise managerial functions at that workplace, as follows:

(a) if the workers are represented by one or more unions, the worker representatives are to be se-lected according to the procedures established or agreed on by the union or unions;(b) if none of the workers are represented by a union, the worker representatives are to be elected by secret ballot;(c) if some of the workers are represented by one or more unions and some are not represented by a union, the worker representatives are to be selected in accordance with paragraphs (a) and (b) in equitable proportion to their relative numbers and relative risks to health and safety;(d) if the workers do not make their own selection after being given the opportunity under para-graphs (a) to (c), the employer must seek out and assign persons to act as worker representatives.

(2) The employer or a worker may request the Board to provide direction as to how an election under sub-section (1) (b) is to be conducted.

(3) The employer, or a union or a worker at a workplace referred to in subsection (1) (c), may request the Board to provide direction as to how the requirements of that provision are to be applied in the workplace.

Selection of Employer Representatives - 129(1) The employer representatives on a joint committee must be selected by the employer from among persons who exercise managerial functions for the employer and, to the extent possible, who do so at the workplace for which the joint committee is established.

(2) For certainty, an individual employer may act as an employer representative.

Duties and Functions of Joint Committee - 130A joint committee has the following duties and functions in relation to its workplace:

(a) to identify situations that may be unhealthy or unsafe for workers and advise on effective systems for responding to those situations;(b) to consider and expeditiously deal with complaints relating to the health and safety of workers;(c) to consult with workers and the employer on issues related to occupational health and safety and occupational environment;(d) to make recommendations to the employer and the workers for the improvement of the occupa-tional health and safety and occupational environment of workers;(e) to make recommendations to the employer on educational programs promoting the health and safety of workers and compliance with this Part and the regulations and to monitor their effective-ness;(f) to advise the employer on programs and policies required under the regulations for the workplace and to monitor their effectiveness;(g) to advise the employer on proposed changes to the workplace or the work processes that may affect the health or safety of workers;(h) to ensure that accident investigations and regular inspections are carried out as required by this



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Part and the regulations;(i) to participate in inspections, investigations and inquiries as provided in this Part and the regula-tions;(j) to carry out any other duties and functions prescribed by regulation.

Joint Committee Procedure - 131(1) Subject to this Part and the regulations, a joint committee must establish its own rules of procedure, including rules respecting how it is to perform its duties and functions.

(2) A joint committee must meet regularly at least once each month, unless another schedule is permitted or required by regulation or order.

Assistance in Resolving Disagreements within Committee - 132If a joint committee is unable to reach agreement on a matter relating to the health or safety of workers at the workplace, a co-chair of the committee may report this to the Board, which may investigate the matter and attempt to resolve the matter.

Employer Must Respond to Committee Recommendations - 133(1) This section applies if a joint committee sends a written recommendation to an employer with a written request for a response from the employer.

(2) Subject to subsections (4) and (5), the employer must respond in writing to the committee within 21 days of receiving the request, either

(a) indicating acceptance of the recommendation, or(b) giving the employer’s reasons for not accepting the recommendation.

(3) If the employer does not accept the committee’s recommendations, a co-chair of the committee may report the matter to the Board, which may investigate and attempt to resolve the matter.

(4) If it is not reasonably possible to provide a response before the end of the 21 day period, the employer must provide within that time a written explanation for the delay, together with an indication of when the response will be provided.

(5) If the joint committee is not satisfi ed that the explanation provided under subsection (4) is reasonable in the circumstances, a co-chair of the committee may report this to the Board, which may investigate the mat-ter and may, by order, establish a deadline by which the employer must respond.

(6) Nothing in this section relieves an employer of the obligation to comply with this Part and the regula-tions.

Time from Work for Meetings and Other Committee Functions - 134(1) A member of a joint committee is entitled to time off from work for

(a) the time required to attend meetings of the committee, and(b) other time that is reasonably necessary to prepare for meetings of the committee and to fulfi ll the other functions and duties of the committee.



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(2) Time off under subsection (1) is deemed to be time worked for the employer, and the employer must pay the member for that time.

Educational Leave - 135(1) Each member of a joint committee is entitled to an annual educational leave totalling 8 hours, or a lon-ger period if prescribed by regulation, for the purposes of attending occupational health and safety training courses conducted by or with the approval of the Board.

(2) A member of the joint committee may designate another member as being entitled to take all or part of the member’s educational leave.

(3) The employer must provide the educational leave under this section without loss of pay or other benefi ts and must pay for, or reimburse the worker for, the costs of the training course and the reasonable costs of attending the course.

Other Employer Obligations to Support Committee - 136(1) The employer must provide the joint committee with the equipment, premises and clerical personnel necessary for the carrying out of its duties and functions.

(2) On request of the joint committee, the employer must provide the committee with information respect-ing

(a) the identifi cation of known or reasonably foreseeable health or safety hazards to which workers at the workplace are likely to be exposed,(b) health and safety experience and work practices and standards in similar or other industries of which the employer has knowledge,(c) orders, penalties and prosecutions under this Part or the regulations relating to health and safety at the workplace, and

(d) any other matter prescribed by regulation.

Committee Reports - 137(1) After each joint committee meeting, the committee must prepare a report of the meeting and provide a copy to the employer.

(2) The employer must(a) if so requested by a union representing workers at the workplace, send a copy of the reports under subsection (1) to the union,(b) retain a copy of the reports for at least 2 years from the date of the joint committee meeting to which they relate, and(c) ensure that the retained reports are readily accessible to the joint committee members, workers of the employer, offi cers and other persons authorized by the Board or the minister.

Employer Must Post Committee Information - 138At each workplace where workers of an employer are regularly employed, the employer must post and keep posted

(a) the names and work locations of the joint committee members,



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(b) the reports of the 3 most recent joint committee meetings, and(c) copies of any applicable orders under this Division for the preceding 12 months.

Worker Health and Safety Representative -139(1) A worker health and safety representative is required

(a) in each workplace where there are more than 9 but fewer than 20 workers of the employer regu-larly employed, and(b) in any other workplace for which a worker health and safety representative is required by order of the Board.

(2) The worker health and safety representative must be selected in accordance with section 128 from among the workers at the workplace who do not exercise managerial functions at that workplace.

(3) To the extent practicable, a worker health and safety representative has the same duties and functions as a joint committee.

(4) Sections 133 to 136 apply in relation to a worker health and safety representative as if the representative were a joint committee or member of a joint committee.

Participation of Worker Representative in Inspections - 140If

(a) this Part or the regulations give a worker representative the right to be present for an inspection, investigation or inquiry at a workplace, and(b) no worker representative is reasonably available, the right may be exercised by another worker who has previously been designated as an alternate by the worker representative.

Part 3 Division 6 - Prohibition Against Discriminatory ActionActions that are Considered Discriminatory - 150(1) For the purposes of this Division, “discriminatory action” includes any act or omission by an employer or union, or a person acting on behalf of an employer or union, that adversely affects a worker with respect to any term or condition of employment, or of membership in a union.

(2) Without restricting subsection (1), discriminatory action includes(a) suspension, lay-off or dismissal,(b) demotion or loss of opportunity for promotion,(c) transfer of duties, change of location of workplace, reduction in wages or change in working hours,(d) coercion or intimidation,(e) imposition of any discipline, reprimand or other penalty, and(f) the discontinuation or elimination of the job of the worker.

Discrimination against Workers Prohibited - 151An employer or union, or a person acting on behalf of an employer or union, must not take or threaten discriminatory action against a worker



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(a) for exercising any right or carrying out any duty in accordance with this Part, the regulations or an applicable order,(b) for the reason that the worker has testifi ed or is about to testify in any matter, inquiry or pro-ceeding under this Act or the Coroners Act on an issue related to occupational health and safety or occupational environment, or(c) for the reason that the worker has given any information regarding conditions affecting the oc-cupational health or safety or occupational environment of that worker or any other worker to(i) an employer or person acting on behalf of an employer,(ii) another worker or a union representing a worker, or(iii) an offi cer or any other person concerned with the administration of this Part.

Complaint by Worker against Discriminatory Action or Failure to Pay Wages - 152(1) A worker who considers that

(a) an employer or union, or a person acting on behalf of an employer or union, has taken, or threatened to take, discriminatory action against the worker contrary to section 151, or(b) an employer has failed to pay wages to the worker as required by this Part or the regulations may have the matter dealt with through the grievance procedure under a collective agreement, if any, or by complaint in accordance with this Division.

(2) A complaint under subsection (1) must be made in writing to the Board,(a) in the case of a complaint referred to in subsection (1) (a), within 1 year of the action considered to be discriminatory, and(b) in the case of a complaint referred to in subsection (1) (b), within 60 days after the wages be-came payable.

(3) In dealing with a matter referred to in subsection (1), whether under a collective agreement or by com-plaint to the Board, the burden of proving that there has been no such contravention is on the employer or the union, as applicable.

Response to Complaint - 153(1) If the Board receives a complaint under section 152 (2), it must immediately inquire into the matter and, if the complaint is not settled or withdrawn, must

(a) determine whether the alleged contravention occurred, and(b) deliver a written statement of the Board’s determination to the worker and to the employer or union, as applicable.

(2) If the Board determines that the contravention occurred, the Board may make an order requiring one or more of the following:

(a) that the employer or union cease the discriminatory action;(b) that the employer reinstate the worker to his or her former employment under the same terms and conditions under which the worker was formerly employed;(c) that the employer pay, by a specifi ed date, the wages required to be paid by this Part or the regula-tions;(d) that the union reinstate the membership of the worker in the union;(e) that any reprimand or other references to the matter in the employer’s or union’s records on the



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worker be removed;(f) that the employer or the union pay the reasonable out of pocket expenses incurred by the worker by reason of the discriminatory action;(g) that the employer or the union do any other thing that the Board considers necessary to secure compliance with this Part and the regulations.

Part 3 Division 7 - Information and Confi dentialityPosting of Information - 154(1) Where this Part, the regulations or an order requires an employer or other person to post information at a workplace, the person must

(a) post the information at or near the workplace in one or more conspicuous places where it is most likely to come to the attention of the workers, or (b) otherwise bring it to the notice of and make it available to the workers at the workplace in ac-cordance with the regulations.

(2) If reasonably practicable, at least one place of posting under subsection (1) (a) must be at or near the equipment, works or area to which the information relates.

(3) As an exception, if posting or notice referred to in subsection (1) is not reasonably practicable, the employer or other person must instead adopt other measures to ensure that the information is effectively brought to the attention of the workers.

Occupational Health and Safety Information Summary - 155(1) An occupational health and safety information summary for a workplace or workplaces of an employer may be requested by

(a) the employer, (b) a joint committee or worker representative of the employer, (c) a union representing workers of the employer, or (d) if there is no joint committee or worker representative for a workplace, any worker of the em-ployer working at the workplace.

(2) On receiving a request under subsection (1), the Board must prepare a summary in relation to the work-place or workplaces for which the request is made of

(a) the prescribed information relating to the previous calendar year, and (b) any other data the Board considers necessary or advisable to provide.

(3) A summary requested under this section must be sent to the person who made the request and, if the request was made by a person other than the employer, to the employer.

(4) As soon as reasonably practicable after an employer receives a summary under this section, the employer must

(a) post a copy at the workplaces to which it relates, (b) provide a copy to the joint committees or worker representatives, as applicable, and (c) if workers at a workplace to which it relates are represented by a union, send a copy to the union.



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Information that Must be Kept Confi dential - 156(1) A person must not disclose or publish the following information, except for the purpose of administer-ing this Act and the regulations or as otherwise required by law:

(a) information obtained in a medical examination, test or X-ray of a worker made or taken under this Part, Part 4 or the regulations, unless the worker consents or the information is disclosed in a form calculated to prevent the information from being identifi ed with a particular person or case; (b) information with respect to a claim under Part 1 of this Act obtained by the person by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations;(c) information with respect to a trade secret, or with respect to a work process whether or not it is a trade secret, obtained by the person by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations; (d) information obtained under this Part, Part 4 or the regulations that is exempted or subject to a claim for exemption as confi dential business information in respect of a hazardous substance, as referred to in section 158 (2) (m);(e) in the case of information received by the person in confi dence by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations, the name of the informant.

(2) Except in the performance of his or her duties,

(a) an offi cer, (b) a person who accompanies an offi cer under section 182, or (c) a person who conducts a test or other examination under this Part or Part 4 at the request of an offi cer must not publish or disclose information obtained or made by the offi cer or other person in connection with his or her duties or powers under this Part or Part 4.

(3) Despite subsection (2), the Board may disclose or publish information referred to in that subsection, or authorize it to be disclosed or published, if the Board considers this advisable in the public interest.

(4) Except for the purposes of an inquest under the Coroners Act, an offi cer or other person referred to in subsection (2) is not a compellable witness in a civil suit or other proceeding respecting any information provided to the person in confi dence.

(5) For the purposes of section 21 (1) (b) of the Freedom of Information and Protection of Privacy Act, information referred to in subsection (1) (c) or (d) or (2) of this section that is in the custody or under the control of the Board or the appeal tribunal, whether or not supplied to the Board or the appeal tribunal, is deemed to be supplied to the Board or the appeal tribunal in confi dence if it is

(a) information with respect to a trade secret, or with respect to a work process whether or not it is a trade secret, (b) exempted or subject to a claim for exemption as confi dential business information in respect of a hazardous substance, as referred to in section 158 (2) (m), or (c) commercial, fi nancial, labour relations, scientifi c or technical information of an employer or sup-plier.

(6) This section does not apply to prevent a person from providing information, including confi dential busi-



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ness information, in a medical emergency for the purpose of diagnosis, medical treatment or fi rst aid.

Information that must be provided in a Medical Emergency - 157(1) If a medical practitioner, a nurse or a person who is a prescribed health professional determines that

(a) a medical emergency exists, and (b) information regarding a hazardous substance is needed for the purpose of diagnosis or providing medical treatment or fi rst aid,

an employer, supplier or chemical manufacturer must immediately disclose to the requesting health profes-sional all applicable information, including confi dential business information, that is in the possession of the employer, supplier or manufacturer. (2) A person to whom information is provided under subsection (1) must keep confi dential any information specifi ed by the person providing the information as being confi dential, except for the purpose for which it is provided.

Part 3 Division 8 – Miscellaneous AuthorityNote: This box contains a summary of parts of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 158-163 establish the Board’s authority in the areas of regulation of hazardous substances, fi rst aid, medical monitoring and certifi cation, and certifi cation and training of blasters.

Section 158: Regulations in relation to hazardous and other substances (summary)The Board may make regulations in relation to hazardous substances and other substances that are poten-tially harmful to workers:- prohibiting or regulating the manufacture, import, supply, sale, disposition, transportation, storage, han-dling, use or disposal of any biological, chemical or physical agent;- prohibiting the transport, storage, handling, use or disposal of any biological, chemical or physical agent by unqualifi ed persons;- establishing requirements with respect to the testing, labelling, examination, and record-keeping of various substances or materials;- designating and classifying hazardous substances;- establishing requirements with respect to material safety data sheets to be provided for a hazardous sub-stance;- establishing requirements with respect to worker training and instruction in relation to hazardous substanc-es;- establishing requirements with respect to the disclosure of confi dential business information about hazard-ous substances, including establishing or designating an organization for this purpose, and the organization’s procedures, powers and functions; and- respecting the reporting by physicians and others of cases in which workers are affected by hazardous substances.

Section 159: Certifi cation and training of fi rst aid attendants and instructors (summary)The Board may:- supervise the training of and train occupational fi rst aid attendants and instructors;



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- appoint fi rst aid examiners and conduct examinations;- issue, renew and amend certifi cates to occupational fi rst aid attendants and instructors; and- enter into arrangements by which other persons provide training, give exams and issue certifi cates.

Section 160: Installation and maintenance of required fi rst aid equipment (summary)If an employer fails, neglects or refuses to install or maintain fi rst aid equipment or service required by regu-lation or order, the Board may do one or more of the following:- have the fi rst aid equipment and service installed and charge its cost to the employer;- impose a special rate of assessment; and- order the employer to immediately close down all or part of the workplace or the work being done there.

Sections 161 and 162: Medical monitoring programs and Medical certifi cation requirements (sum-mary)Based on the nature or conditions of a work activity, the Board may, by regulation, require employers of workers who carry out that activity or who are exposed to those conditions to establish a medical moni-toring program. Also, based on the physical requirements of a specifi c type of work, the Board may, by regulation, require employers to ensure that workers performing that work are medically certifi ed as to their physical fi tness for the work.

Section 163: Certifi cation and training of blasters (summary)The Board may train and supervise the training of blasters and instructors. The Board may appoint examiners, conduct examinations, prescribe fees, and issue, renew, and amend blasters’ and instruc-tors’ certifi cates. The Board may also enter into arrangements with other persons to provide train-ing, give examinations and issue certifi cates to blasters and instructors.

For details, see Part 3, Division 8 of the Act.

Part 3 Division 10 - Accident Reporting and InvestigationImmediate Notice of Certain Accidents - 172(1) An employer must immediately notify the Board of the occurrence of any accident that

(a) resulted in serious injury to or the death of a worker,(b) involved a major structural failure or collapse of a building, bridge, tower, crane, hoist, tempo-rary construction support system or excavation,(c) involved the major release of a hazardous substance, or(d) was an incident required by regulation to be reported.

(2) Except as otherwise directed by an offi cer of the Board or a peace offi cer, a person must not disturb the scene of an accident that is reportable under subsection (1) except so far as is necessary to

(a) attend to persons injured or killed,(b) prevent further injuries or death, or(c) protect property that is endangered as a result of the accident.

Incidents that must be Investigated - 173(1) An employer must immediately undertake an investigation into the cause of any accident or other



73

incident that(a) is required to be reported by section 172,(b) resulted in injury to a worker requiring medical treatment,(c) did not involve injury to a worker, or involved only minor injury not requiring medical treatment, but had a potential for causing serious injury to a worker, or(d) was an incident required by regulation to be investigated.

(2) Subsection (1) does not apply in the case of a vehicle accident occurring on a public street or highway.

Investigation Process - 174(1) An investigation required under this Division must be carried out by persons knowledgeable about the type of work involved and, if they are reasonably available, with the participation of the employer or a rep-resentative of the employer and a worker representative.

(2) As far as possible, the investigation must(a) determine the cause or causes of the incident,(b) identify any unsafe conditions, acts or procedures that contributed in any manner to the incident, and(c) if unsafe conditions, acts or procedures are identifi ed, recommend corrective action to prevent similar incidents.

(3) The employer must make every reasonable effort to have available for interview by a person conducting the investigation, or by an offi cer, all witnesses to the incident and any other persons whose presence might be necessary for a proper investigation of the incident.

(4) The employer must record the names, addresses and telephone numbers of persons referred to in sub-section (3).

Incident Investigation Report - 175(1) As part of an investigation required by this Division, an employer must ensure that an incident investiga-tion report is prepared in accordance with the regulations.

(2) The employer must provide a copy of the incident investigation report to(a) the joint committee or worker representative, as applicable, and(b) the Board.

Follow-up Action and Report - 176(1) Following an investigation under this Division, the employer must without undue delay undertake any corrective action required to prevent recurrence of similar incidents.

(2) As soon as is reasonably practicable, the employer must prepare a report of the action taken under sub-section (1) and

(a) provide the report to the joint committee or worker representative, as applicable, or(b) if there is no joint committee or worker representative, post the report at the workplace.



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Employer or Supervisor Must Not Attempt to Prevent Reporting - 177 An employer or supervisor must not, by agreement, threat, promise, inducement, persuasion or any other means, seek to discourage, impede or dissuade a worker of the employer, or a dependant of the worker, from reporting to the Board

(a) an injury or allegation of injury, whether or not the injury occurred or is compensable under Part 1,(b) an illness, whether or not the illness exists or is an occupational disease compensable under Part 1,(c) a death, whether or not the death is compensable under Part 1, or(d) a hazardous condition or allegation of hazardous condition in any work to which this Part applies.

Part 3 Division 15 – OffencesOffence to Contravene Part, Regulation or Order - 213(1) A person who contravenes a provision of this Part, the regulations or an order commits an offence.

(2) If a corporation commits an offence referred to in subsection (1), an offi cer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an of-fence.

(3) Subsection (2) applies whether or not the corporation is prosecuted for the offence.

Limits on Prosecutions - 214(1) The time limit for laying an information in respect of an offence is 2 years after the last occurrence of the act or omission on which the prosecution is based.

(2) An information in respect of an offence may only be laid with the approval of the Board.

Defense of Due Diligence - 215 A person is not guilty of an offence if the person proves that the person exercised due diligence to prevent the commission of the offence.

Additional Defense for Workers - 216 A worker is not guilty of an offence if the worker proves that the offence was committed

(a) as a result of instructions given by the worker’s employer or supervisor, and (b) despite the worker’s objection.

General Penalties - 217 On conviction for an offence, a person is liable to the following penalties:

(a) in the case of a fi rst conviction,(i) a fi ne of not more than $583 560.41 and, in the case of a continuing offence, to a further fi ne of not more than $29 178.04 for each day during which the offence continues after the fi rst day,(ii) imprisonment for a term not exceeding 6 months, or



75

(iii) both fi ne and imprisonment; (b) in the case of a subsequent conviction,

(i) a fi ne of not more than $1 167 120.80 and, in the case of a continuing offence, to a fur-ther fi ne of not more than $58 356.04 for each day during which the offence continues after the fi rst day,(ii) imprisonment for a term not exceeding 12 months, or(iii) both fi ne and imprisonment.

Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 218-220 establish the scope of penalties and additional powers on sentencing. The following are key points from these sections:

Section 218: Additional penalty to reclaim monetary benefi t (summary)On conviction for an offence, the court may order the offender to pay, in addition to the fi ne levied in sec-tion 217, a fi ne in an amount equal to the estimation by the court of the amount of any monetary benefi ts accrued as a result of commission of the offence.

Section 219: Additional powers on sentencing (summary)If a person is convicted of an offence, in addition to any other punishment imposed, the court may make an order doing one or more of the following:- directing the person to perform community service;- directing the person to pay to the Board an amount for the purpose of research or public education related to occupational health and safety;- directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with this section;- directing the person to submit to the Board, within 3 years after the date of the conviction, any informa-tion respecting the activities of the person that the court considers appropriate in the circumstances;- directing that the facts relating to the commission of the offence be published by the Board at the expense of the person convicted, subject to any restrictions established by the court;- prohibiting the person from working in a supervisory capacity at any workplace for a period of not more than 6 months from the date of conviction; or- requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under Part 3.This type of order comes into force on the day on which it is made or on another day specifi ed by the court, but must not continue in force for more than 3 years after that day.

Section 220: Penalties to be paid into accident fund (summary)Fines must be transferred into the accident fund.

For details, see Part 3, Division 15 of the Act.



76

Disclaimer: The excerpts and summaries of the Workers Compensation Act on this site are not the offi cial version of the Act. The offi cial printed version of the Act can be obtained from Crown Publications. An unoffi cial version of the complete Act, is available online at www.qp.gov.bc.ca/statreg/stat/W/96492_00.htm.

The excerpts and summaries in this online version may meet the requirement for the Workers Compensa-tion Act to be readily available to workers. See Guideline G-D3-115(2)(f) for further details.

Part 4 Division 2 - Appeal RightsAppeal of Review Decisions - 239(1) Subject to subsection (2), a fi nal decision made by a review offi cer in a review under section 96.2, includ-ing a decision declining to conduct a review under that section, may be appealed to the appeal tribunal.(2) The following decisions made by a review offi cer may not be appealed to the appeal tribunal:

(a) a decision in a prescribed class of decisions respecting the conduct of a review;(b) a decision respecting matters referred to in section 16;(c) a decision respecting the application under section 23(1) of rating schedules compiled under sec-tion 23(2) where the specifi ed percentage of impairment has no range or has a range that does not exceed 5%;(d) a decision respecting commutations under section 35;(e) a decision respecting an order under Part 3, other than an order

(i) relied upon to impose an administrative penalty under section 196(1),(ii) imposing an administrative penalty under section 196(1) or(iii) made under section 195 to cancel or suspend a certifi cate.

Appeal of Other Board Decisions - 240(1) A determination, an order, a refusal to make an order or a cancellation of an order made under section 153 may be appealed to the appeal tribunal.

(2) A decision to reopen or not to reopen a matter on an application under section 96(2) may be appealed to the appeal tribunal.

Who May Appeal - 241(1) For the purposes of section 239, any of the following persons who is directly affected by a decision of the review offi cer in respect of a matter referred to in section 96.2(1)(a) may appeal that decision:

(a) a worker;(b) a deceased worker’s dependant;(c) an employer.

(2) For the purposes of section 239, an employer or an independent operator who is directly affected by a decision of the review offi cer in respect of a matter referred to in section 96.2(1)(b) may appeal that deci-sion.

(3) For the purposes of section 239, any of the following persons who is directly affected by a decision of the review offi cer in respect of a matter referred to in section 96.2(1)(c) may appeal that decision:



77

(a) a worker;(b) an employer within the meaning of Part 3;(c) an owner as defi ned in section 106;(d) a supplier as defi ned in section 106;(e) a union as defi ned in section 106;(f) a member of a deceased worker’s family.

(4) For the purposes of section 240(1), any of the following persons who is directly affected by a decision or an order referred to in section 240(1) may appeal that decision or order:

(a) a worker;(b) an employer within the meaning of Part 3;(c) a union as defi ned in section 106.

(5) For the purposes of section 240(2), a worker or an employer who is directly affected by a decision re-ferred to in section 240(2) may appeal that decision.

How to Appeal - 242(1) A person referred to in section 241 may appeal the decision or order to the appeal tribunal by fi ling a notice of appeal with the tribunal.

(2) A notice of appeal must(a) be made in writing or in another form authorized by the appeal tribunal’s rules,(b) identify the decision or order that is being appealed,(c) state why the decision or order is incorrect or why it should be changed,(d) state the outcome requested,(e) contain the name, address and telephone number of the appellant, and if the appellant has an agent to act on the appellant’s behalf in respect of the appeal, the name of the agent and a tele-phone number at which the agent may be contacted during regular business hours,(f) include an address for delivery of any notices in respect of the appeal, and(g) be signed by the appellant or the appellant’s agent.

(3) If a notice of appeal is defi cient the appeal tribunal may allow a reasonable period of time within which the notice may be corrected.

Time Limit for Appeal - 243(1) A notice of appeal respecting a decision referred to in section 239 must be fi led within 30 days after the decision being appealed was made.

(2) A notice of appeal respecting a decision referred to in section 240 must be fi led within 90 days after the decision or order being appealed was made.

(3) On application, and where the chair is satisfi ed that(a) special circumstances existed which precluded the fi ling of a notice of appeal within the time period required in subsection (1) or (2), and(b) an injustice would otherwise result,



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the chair may extend the time to fi le a notice of appeal even if the time to fi le has expired.

No Stay of Appealed Decision - 244Unless the appeal tribunal orders otherwise, the fi ling of a notice of appeal under section 242 does not op-erate as a stay or affect the operation of the decision or order under appeal.



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OHS Regulation ContentsWorkers Compensation Act - Excerpts & SummariesHazardous Products Act (Canada) - Summary of Key Sections

Part TitlePart: 1 Defi nitionsPart 2 ApplicationPart 3 Rights and ResponsibilitiesPart 4 General ConditionsPart 5 Chemical and Biological SubstancesPart 6 Substance Specifi c Requirements Part 7 Noise, Vibration, Radiation and Temperature Part 8 Personal Protective Clothing and EquipmentPart 9 Confi ned SpacesPart 10 De-energization and LockoutPart 11 Fall ProtectionPart 12 Tools, Machinery and EquipmentPart 13 Ladders, Scaffolds and Temporary Work PlatformsPart 14 Cranes and HoistsPart 15 RiggingPart 16 Mobile EquipmentPart 17 Transportation of WorkersPart 18 Traffi c ControlPart 19 Electrical SafetyPart 20 Construction, Excavation and DemolitionPart 21 Blasting OperationsPart 22 Underground WorkingsPart 23 Oil and GasPart 24 Diving, Fishing and Other Marine OperationsPart 25 CampsPart 26 Forestry OperationsPart 27 Wood Products ManufacturingPart 28 AgriculturePart 29 Aircraft OperationsPart 30 LaboratoriesPart 31 Firefi ghtingPart 32 Evacuation and Rescue



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Part Title3 Rights and Responsibilities3.12 Procedure for Refusal of Unsafe Work3.13 No Discriminatory Action3.14-3.21 Occupational First Aid3.22-3.25 Young or New Workers4 General Conditions4.13-4.18 Emergency Preparedness and Response4.21-4.23 Working Alone or in Isolation4.24-4.26 Workplace Conduct4.27-4.31 Violence in the Workplace4.46- 4.53 Ergonomics (MSI) Requirements4.70-4.80 Indoor Air Quality5 Chemical Agents and Biological Agents5.2 General Information requirement5.3-5.26 WHMIS5.48-5.59 Exposure Limits5.60-5.71 Ventilation5.76-5.81 Hazardous Wastes and Emissions5.82-5.84 Personal Hygiene5.85-5.96 Emergency Washing Facilities5.97-5.102 Emergency Procedures6 Substance Specifi c Requirements6.1-6.32 Asbestos6.33-6.41 Biological Agents6.42-6.58 Cytotoxic Drugs6.116-6.132 Toxic Process Gases7 Noise, Vibration, Radiation and Temperature7.1- 7.16 Noise and Vibration Exposure Limits7.17 – 7.25 Radiation Exposure7.26-7.38 Thermal Exposure8 Personal Protective Clothing and Equipment8.1-8.45 Personal Protective Clothing and Equipment9.1-9.51 Confi ned Spaces10.1-10.3 De-energization and Lock out12.159-12.166 Laundry Equipment30.1-30.29 Laboratories

Excerpts of the Regulations Relevant to Healthcare



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Accident/Incident Investigation rules for Employers and Workers who fall under a BC Health Care Collective Agreement:There are Four Health Care Bargaining Units in BC:

Health Services and Support Facilities SubsectorHealth Services and Support Community SubsectorHealth Sciences SubsectorNurses’ Subsector

The Facilities, Community and Health Sciences Subsectors all have Collective Agreement articles specifi cally regarding Accident/Incident Investigations that go beyond the WCAct and WorkSafeBC Regulations and must be complied with by both parties:

Employees who are members of the Joint Occupational Health and Safety Committee are granted leave without loss of pay or receive straight time regular wages to participate in accident investigations.The Union appointed Joint OHS Committee members (ideally those who have been trained in the per-formance of Joint Accident/Incident Investigations) must be used to conduct such investigations with the Employer’s representative unless it is not feasible. The Employer must ensure that critical incident stress defusing is made available and known to employ-ees who have suffered a serious work related traumatic incident of an unusual nature. Leave to attend such sessions is without loss of pay.

The Nurses’ Subsector past experience is as follows: Employees who are members of the Joint Occupational Health and Safety Committee are included in joint accident investigations. Critical incident stress defusing is provided to nurses under the same circumstances as other bargaining units at the same worksite.

••••

•

•

•

•

•

OH&S Articles from the four Collective Agreements



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Collective Agreement between the Health Employers Association of BC and the Health Services and Support – Community Subsector Association of Bargaining Agents (2006-2010)Article 22- Occupational Health and Safety22.1 Statutory ComplianceThe Employer and employees recognize the need for a safe and healthful workplace and agree to take ap-propriate measures in order that risks of accidents and/or occupational disease are reduced and/or elimi-nated.

The Employer and the Union agree to cooperate in the promotion of safe working conditions, the preven-tion of accidents, the prevention of workplace injuries and industrial diseases and the promotion of safe working practices. There shall be full compliance with all applicable statutes and regulations pertaining to the working environment.

22.2 Client InformationThe Employer shall provide employees with information in its possession regarding a client, resident or client’s home which is necessary for the employee to safely carry out his/her duties.

22.3 Occupational Health and Safety Committee(a) The Parties agree that a Joint Occupational Health and Safety Committee will be established. The Com-mittee shall govern itself in accordance with the provisions of the Occupational Health and Safety Regula-tions made pursuant to the Workers’ Compensation Act. The Committee shall be between the Employer and the Union, with equal representation, and with each Party appointing its own representatives. The Union agrees to actively pursue with the other Health Care Unions, where more than one (1) Union is certi-fi ed with the Employer, a Joint Union/Employer Committee for the purposes of the Occupational Health and Safety Regulations.

(b) Employees who are members of the Committee shall be granted leave without loss of pay or receive straight-time regular wages while attending meetings of the Joint Committee. Employees who are members of the Committee shall be granted leave without loss of pay or receive straight-time regular wages to partici-pate in joint workplace inspections and joint accident investigations at the request of the Committee pursu-ant to the WCB Occupational Health and Safety Regulations. Committee meetings, workplace inspections and accident investigations shall be scheduled during normal working hours whenever practicable.

(c) The Occupational Health and Safety Committee shall have as part of its mandate the jurisdiction to receive complaints or concerns regarding workload problems which are safety-related, the right to investi-gate such complaints, the right to defi ne the problem and the right to make recommendations for a solution. Where the Committee determines that a safety-related workload problem exists, it shall inform the Employ-er. Within twenty-one (21) days thereafter, the Employer shall advise the Committee what steps it has taken or proposes to take to rectify the safety-related workload problem identifi ed by the Committee. If the Union is not satisfi ed with the Employer’s response, it may refer the matter to the Industry Troubleshooter for a written recommendation.

(d) No employee shall be disciplined for refusal to work when excused by the provisions of the Workers’ Compensation Act or regulations.



83

(e) The Occupational Health and Safety Committee may use the resources of the Workers’ Compensa-tion Board and/or the Health Care Occupational Health and Safety Agency to provide information to the Committee members in relation to their role and responsibilities. The Committee will assist in increasing the awareness of all staff on such topics as: workplace safety, safe lifting techniques, dealing with aggressive clients/residents, WHMIS and the role and function of the Occupational Health and Safety Committee. The Committee will assist in fostering knowledge and compliance with the Occupational Health and Safety Regulations by all staff.

(f) The Employer, in consultation with the Occupational Health and Safety Committee, shall institute a writ-ten procedure for checking the well-being of employees assigned to work alone or in isolation under condi-tions which present a risk of disabling injury, if the employee might not be able to secure assistance in the event of injury or other misfortune. This procedure will be reviewed by the Committee as it deems neces-sary.

(g) The Employer will provide orientation or in-service which is necessary for the safe performance of work, the safe use of equipment, safe techniques for lifting and supporting clients/residents and the safe handling of materials and products. The Employer will also make readily available information, manuals and procedures for these purposes. The Employer will provide appropriate safety clothing and equipment.

The Employer will promote processes that provide the most effective ways to safely perform work. These processes will include consideration of safety measures such as timely risk assessment tools, environmental ergonomic adjustments, care design and redesign for clients, suffi cient staffi ng, and inservices/team meet-ings. The Occupational Health and Safety Committee shall have as part of its mandate the jurisdiction to make recommendations on these measures, supported by available resources (e.g. from OHSAH, WCB).

(h) The Occupational Health and Safety Committee may make recommendations on ergonomic adjustments and on measures to protect pregnant employees as far as occupational health and safety matters are con-cerned.

22.4 Aggressive Behaviour(a) Aggressive behaviour means the attempted or actual exercise by a person, other than an employee, of any physical force so as to cause injury to an employee, and includes any threatening statement or behaviour which gives an employee reasonable cause to believe that the employee is at risk of injury.

(b) When the Employer is aware that a client/resident has a history of aggressive behaviour, the Employer shall provide employees with information in its possession regarding a client or resident which is necessary for the employee to safely carry out his/her duties. Upon admission, transfer or assignment the Employer will make every reasonable effort to identify the potential for aggressive behaviour.

(c) Where employees may be at risk from aggressive behaviour, in-service and/or instruction on how to re-spond to aggressive behaviour will be provided by the Employer. The Occupational Health and Safety Com-mittee shall be consulted on the curriculum. Where a risk of injury to employees from violence is identifi ed in accordance with Section 8.90 of the Protection of Workers from Violence in the Workplace Regulations, the Employer will, in consultation with the Committee, establish appropriate physical and procedural



84

measures to eliminate or, where that is not possible, minimize risk. The Employer shall make every rea-sonable effort to ensure that suffi cient staff are present when any such treatment or care is provided. It is understood that this provision is at no cost to the Employer.

(d) Critical incident stress defusing shall be made available and known to employees who have suffered a serious work related traumatic incident of an unusual nature. Leave to attend such a session will be without loss of pay.

22.5 Vaccination and Inoculation(a) The Employer agrees to take all reasonable precautions to limit the spread of infectious diseases among employees, including in-service seminars for employees. Where the Employer or Occupational Health and Safety Committee identifi es high risk areas which expose employees to infectious or communicable diseases for which there are protective immunizations available, such immunizations shall be provided at no cost to the employee. The Committee may consult with the Medical Health Offi cer. Where the Medical Health Offi cer identifi es such a risk, the immunization shall also be provided at no cost. The Employer shall pro-vide Hepatitis B vaccine, free of charge, to those employees who may be exposed to bodily fl uids or other sources of infection.

(b) An employee may be required by the Employer, at the request of and at the expense of the Employer, to take a medical examination by a physician of the employee’s choice. Employees may be required to take skin tests, x-ray examination, vaccination, and other immunization (with the exception of a rubella vaccina-tion when the employee is of the opinion that a pregnancy is possible), unless the employee’s physician has advised in writing that such a procedure may have an adverse effect on the employee’s health.

22.6 Video Display TerminalsThe Employer shall ensure that any new offi ce equipment or facility required for use in conjunction with VDTs shall meet the standards recommended by the Workers’ Compensation Board.

22.7 Transportation of Accident VictimsTransportation to the nearest physician or hospital and return transportation to the worksite or the em-ployee’s residence for employees requiring medical care as a result of an on-the-job accident shall be at the expense of the Employer. Return transportation to the employee’s home shall not be provided by the Em-ployer where someone at the employee’s home can reasonably provide such transportation.

22.8 Injury Pay Provision(a) An employee who is injured on the job during working hours and is required to leave fortreatment or is sent home for such injury shall receive payment for the remainder of his/her scheduled and assigned hours on that day provided the injury results in the employee being approved for a Workers’ Com-pensation Board claim.

(b) Employees eligible for sick leave coverage pursuant to Article 28 shall have the option to access such coverage for the fi rst day of absence due to injury. Where an employee is subsequently approved for a WCB claim for the same injury, the sick leave credits paid for the fi rst day of injury shall be reinstated to the em-ployee.



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22.9 Investigation of Accidents(a) Except in the case of a vehicle accident occurring on a public street or highway, the Employer must im-mediately initiate an investigation into the cause of every accident which resulted in injury requiring medical treatment by a medical practitioner or had a potential for causing serious injury.

(b) Accident investigations must be carried out by persons knowledgeable of the type of work involved and, if feasible, include the participation of one (1) Union Occupational Health and Safety Committee member or, if not available, a Union steward, and one (1) Employer representative.

(c) Copies of the accident investigation reports must be forwarded without undue delay to the Occupational Health and Safety Committee.

(d) In the event of a work related employee fatality, the Employer shall notify the Union designate of the nature and circumstances of the accident as soon as possible.

22.10 Emergency Travel KitWhere employees are required to use their personal, or the Employer’s, vehicle for work in isolated or areas with hazardous road conditions, and where there is agreement at the local level regarding the provision of an emergency travel kit, the Employer will provide such a kit. The Occupational Health and Safety Commit-tee will make recommendations on the contents of the emergency kit.

22.11 Employee WorkloadThe Employer shall ensure that an employee’s workload is not unsafe as a result of employee absence(s). Employees may refer safety related workload concerns to the Occupational Health and Safety Committee for investigation under Article 22.3.

Memorandum Of Agreement #11 Between Health Services And Support Community Subsector Associa-tion Of Bargaining Agents

Facilities Subsector Bargaining AssociationCommunity Subsector Bargaining AssociationParamedical Professional Subsector Bargaining AssociationNurses Subsector Bargaining Association

andHealth Employers Association of BC.

Re: Occupational Health and Safety AgencyThe Parties recognize that there is an ability to involve other agencies and government, through partner-ships, thereby multiplying the advantages of working together.The Parties recognize that the ability to promote best practices and conduct necessary research is enhanced through a joint effort, thereby increasing acceptance, trust and understanding of solutions to mutually ben-efi cial objectives.

The Parties recognize the benefi t of and are committed to establishing a government funded approach to joint identifi cation and implementation strategies where safe work environments, healthy workforces and

••••

•



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quality of resident/client care can be achieved through prevention, safe workloads, promotion of safe work practices, safe early return to work, pilot programs and sharing of best practices among Union members, Employers and industry at large.

To that end, the Parties agree to establish a jointly run agency for the purpose of developing and evaluat-ing program objectives with respect to prevention programs and compliance with Workers’ Compensation Board requirements. Effective April 1, 2002, funding for the Agency will be two (2) million dollars in each of the fi scal years 2002/2003 and 2003/2004.

Where the Agency identifi es practices, programs or models which have the potential to improve occupa-tional health and safety or improve compliance with Workers’ Compensation Board regulations and recom-mendations in the health sector, the Agency shall promote the adoption of the practice, program or model in accordance with Agency guidelines or with such modifi cations deemed by the Agency to provide an equal or greater degree of protection to workers.

Memorandum of Agreement #12Re: Prevention of Musculo-skeletal InjuriesThe parties agree with the goal of preventing musculo-skeletal injuries to employees working in the Com-munity Subsector.

To this end, the parties agree to work through the Occupational Health and Safety Agency for Healthcare to achieve the following:

Identify factors contributing to the risk of musculo-skeletal injuries in the Community Subsector, in-cluding manual lifting where it occurs;Develop possible solutions to address such risk factors, including procedural measures and infrastruc-ture/equipment improvements;Distribute clear guidelines to Employers and local Occupational Health and Safety Committees regard-ing identifi ed risk factors and possible solutions;Assist Employers and local OH&S Committees to evaluate and implement recommendedsolutions to address specifi c, identifi ed musculo-skeletal injury risks; andWork in partnership with the Workers’ Compensation Board and funding agencies to fi nance the imple-mentation of acceptable solutions, including infrastructure, equipment and/or staffi ng where appropri-ate.

1.

2.

3.

4.5.6.



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Health Services and Support Facilities Subsector Collective Agreement between Asso-ciation of Unions and Health Employers’ Association of BC (2006-2010)Article 37 - Occupational Health and SafetyThe Employer and the Association agree to cooperate in the promotion of safe working conditions, the prevention of accidents, the prevention of workplace injuries and the promotion of safe workplace prac-tices. The Employer and the Association agree to adhere to the provisions of the Workers’ Compensation Act and related regulations. The Employer will ensure that the Occupational Health and Safety Regulation is readily available at each worksite for reference by all workers and will ensure that workers are aware of the onsite location where the Regulation is available for viewing.

37.01 Occupational Health and Safety Committee(a) The parties agree that a Joint Occupational Health and Safety Committee will be established. The Com-mittee shall govern itself in accordance with the provisions of the Occupational Health and Safety Regula-tions made pursuant to the Workers’ Compensation Act. The Committee shall be as between the Employer and the Union, with equal representation, and with each party appointing its own representatives.In addition to the Joint Union-Employer Occupational Health and Safety Committee, the Union agrees to actively pursue with the other Health Care Unions a Joint Committee for the purposes of the Occupational Health and Safety Regulations.

(b) Employees who are members of the Committee shall be granted leave without loss of pay or receive straight time regular wages while attending meetings of the joint committee. Employees who are members of the Committee shall be granted leave without loss of pay or receive straight time regular wages to partici-pate in workplace inspections and accident investigations at the request of the Committee pursuant to the WCB Occupational Health and Safety Regulations.

(c) The Occupational Health and Safety Committee shall have as part of its mandate the jurisdiction to receive complaints or concerns regarding workload problems which are safety-related, the right to investi-gate such complaints, the right to defi ne the problem and the right to make recommendations for a solution. Where the committee determines that a safety-related workload problem exists, it shall inform the Employ-er. Within twenty-one (21) days thereafter, the Employer shall advise the committee what steps it has taken or proposes to take to rectify the safety-related workload problem identifi edby the committee. If the Union is not satisfi ed with the Employer’s response, it may refer the matter to the Industry Troubleshooter for a written recommendation.

(d) No employee shall be disciplined for refusal to work when excused by the provisions of the Workers’ Compensation Act and regulations.

(e) Where the Occupational Health and Safety Committee determines that it is necessary to obtain informa-tion on its role and responsibility, it shall use the resources of the Workers’ Compensation Board and/or the Occupational Health & Safety Agency. The committee will increase the awareness of all staff on such topics as: workplace safety, safe lifting techniques, dealing with aggressive patients/residents, WHMIS and the role and function of the Occupational Health and Safety Committee. The committee will foster knowledge and compliance with the Occupational Health and Safety Regulations by all staff.



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(f) The Employer will provide orientation and/or in-service, which is necessary for the safe performance of work, including universal precautions, the safe use of equipment, safe techniques for lifting and support-ing patients/residents and the safe handling of materials and products. The Employer will also make readily available information, manuals and procedures for these purposes. The Employer will provide appropriate safety clothing and equipment.

(g) The Employer shall be informed by the Occupational Health and Safety Committee of its recommen-dations on ergonomic adjustments and on measures to protect pregnant employees as far as occupational health and safety matters are concerned.

(h) Effective April 1, 2001, where an employee is appointed to serve on the occupational health and safety committee for the fi rst time, the Employer will provide such employee with one day of paid education leave, in addition to that required by law, during the fi rst year in which she/he serves on the committee. This ad-ditional day of paid education leave will be used to attend safety courses sponsored by the Workers’ Com-pensation Board or the Joint Occupational Health and Safety Agency or other courses mutually agreed to by the Employer and the Union at the local level.

37.02 Aggressive Patients/Residents(a) When the Employer is aware that a patient/resident has a history of aggressive behaviour the Employer will make such information available to the employee. Upon admission or transfer the Employer will make every reasonable effort to identify the potential for aggressive behaviour. In-service and/or instruction in caring for the aggressive patient/resident and on how to respond to patient’s/resident’s aggressive behav-iour will be provided by the Employer. The appropriate Occupational Health and Safety Committee will be consulted on the curriculum. The Employer shall make every reasonable effort to ensure that suffi cient staffs are present when any treatment or care is provided to such patients/residents.

(b) Critical incident stress defusing shall be made available and be known to employees who have suffered a serious work related, traumatic incident of an unusual nature. Leave to attend such a session will be without loss of pay.

37.03 Vaccination and Inoculation(a) The Employer agrees to take all reasonable precautions, including in-service seminars, to limit the spread of infectious diseases among employees.

(b) Where the Employer or Occupational Health and Safety Committee identifi es high risk areas which expose employees to infectious or communicable diseases for which there are protective immunizations available, such immunizations shall be provided at no cost to the employee.

(c) The Employer shall provide Hepatitis B vaccine, free of charge, to those employees who may be exposed to body fl uids or other sources of infection.

37.04 Video Display TerminalsThe Employer shall ensure that any new offi ce equipment or facility required for use in conjunction with Video Display Terminals (VDTs) shall meet the standards required by the Workers’ Compensation Board.



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37.05 Transportation of Accident VictimsTransportation to the nearest physician or hospital and return transportation to the worksite or the employ-ee’s residence for employees requiring immediate medical care as a result of an on-the-job accident shall be at the expense of the Employer. Return transportation to the employee’s home shall not be provided by the Employer where someone at the employee’s home can reasonably provide such transportation.

37.06 Working Alone or in IsolationThe Occupational Health and Safety Committee shall have the mandate to review procedures established by the Employer for checking the well-being of employees working alone or in isolation under conditions which present a risk of disabling injury where the employee might not be able to secure assistance in the event of injury. The Committee shall have the right to make recommendations to the Employer regarding such procedures.

37.07 Employee WorkloadThe Employer shall ensure that an employee’s workload is not unsafe as a result of employee absence(s). Employees may refer safety related workload concerns to the Occupational Health and Safety Committee for investigation under article 37.01(c).

Memorandum of Agreement Between Health Employers Association Of British Colum-bia (“Heabc”) And Facilities Bargaining AssociationRe: WorkloadWHEREAS the parties recognize the importance of promoting a work environment that is safe and pro-ductive and that provides high quality safe patient/resident care and a sustainable and affordable health system;

WHEREAS the parties recognize that there are many factors that contribute to workload;THEREFORE the parties agree to the following:

1. For Health Authorities (and Providence Health Care Society), the Employer and the Union(s) will meet at the regional level in one joint meeting to discuss workload issues and seek appropriate resolution(s). For Af-fi liate Employers, the discussion will occur at the local level. The parties will meet twice per year at a mutu-ally agreeable time for the purposes of engaging in the discussion contemplated by this Memorandum of Agreement. The parties can schedule two (2) additional meetings per year if there is mutual agreement such additional meetings are necessary. The parties will meet for the fi rst time within one hundred and twenty (120) days of the ratifi cation of the renewal Facilities Subsector Collective Agreement.

2. The parties agree that for the purposes of the discussion contemplated by this Memorandum of Agree-ment, they will have equal representation not to exceed four (4) representatives per party.

3. In order to facilitate the above discussion, the Employer shall provide to the Union(s) upon request, the following data where available within a reasonable period of time following March 31 and September 30 of each year:

Hours worked in the previous year;•



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The number of unfi lled vacancies in the previous year;Overtime hours worked by classifi cation in the previous year;Sick leave hours in the previous year;FTEs by classifi cation;The number and status of referrals under Article 37.01 (c);Number of full-time, part-time, and casual employees by classifi cation; and Staff separation of employment by classifi cation.

The Employer will provide the above data at a cost centre level where applicable and where possible.

4. Employers are not required to create administrative systems in order to generate the above data.

5. The Employer and the Union(s) shall make every effort to exchange a written agenda at least two (2) weeks prior to a meeting called under this Memorandum of Agreement.

Letter Of Intent Between Association Of Unions And Health Employers Association Of B.C.Re: Workload and Safety in the WorkplaceThe parties will jointly approach the Minister of Health to form and to fund an Industry Workload and Safety in the Workplace Committee to research, investigate and make recommendations on safe workload levels. The committee will consist of three (3) representatives nominated by the Union, three (3) representa-tives nominated by the Ministry and three (3) representatives nominated by HEABC.

The committee will deal with a wide range of issues related to workload. It will review and consider the impact of workload on injury-on-duty, sickness and long-term disability and will make recommendations in respect of it. Its mandate will include considerationof the impact of non-replacement of absent staff on employee workload and on employee health and safety.

Employees who are members of the committee shall be granted leave without loss of pay or receive straight time regular wages to participate in the committee process.

Recommendations by the committee shall be by unanimous or majority vote, with each of the three (3) parties on the committee having an equal vote irrespective of individual absences at a particular commit-tee meeting. A recommendation by the committee shall be submitted to the affected employer(s) promptly when made. Within twenty-one (21) days of its receipt of a recommendation by the committee, the em-ployer will provide the committee with a response. Once again by unanimous or majority vote as aforesaid, the committee may thereupon either reaffi rm, vary or cancel its recommendation. Where the committee either reaffi rms or varies its recommendation, the employer shall take reasonable steps to implement the reaffi rmed or varied recommendation except where it cannot reasonably do so by reason of budgetary considerations. In that latter event, the obligation of the employer to take reasonable steps to implement the reaffi rmed or varied recommendation shall be dependent on the necessary funding being provided by the Ministry.

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It is understood and agreed that this Letter of Intent shall not be construed as a limitation on the normal arbitral jurisdiction respecting workload/vacancy issues.

AddendumRe: Health Care Occupational Health and Safety AgencyThe Parties recognize that there is an ability to involve other agencies and government, through partner-ships, thereby multiplying the advantages of working together.The Parties recognize that the ability to promote best practices and conduct necessary research is enhanced through a joint effort, thereby increasing acceptance, trust and understanding of solutions to mutually ben-efi cial objectives.

The Parties recognize the benefi t of and are committed to establishing a government funded approach to joint identifi cation and implementation strategies where safe work environments, health workforces and quality patient care can be achieved through prevention, safe workloads, promotion of safe work practices, safe early return to work, pilot programs and sharing of best practices among union members, employers and industry at large.

To that end, the Parties agree to establish a jointly run agency for the purpose of developing and evaluat-ing program objectives with respect to prevention programs and compliance with Workers’ Compensation Board requirements. Effective April 1, 2002, funding for the Agency will be two (2) million dollars in each of the fi scal years 2002/2003 and 2003/2004.

Where the Agency identifi es practices, programs or models which have the potential to improve occupa-tional health and safety or improve compliance with Workers’ Compensation Board regulations and recom-mendations in the health sector, the Agencyshall promote the adoption of the practice, program or model in accordance with Agency guidelines or with such modifi cations deemed by the Agency to provide an equal or greater degree of protection to workers. Provincial Agreement between the Paramedical Professional Bargaining Association and Health Employers Association of BC (2006-2010)Article 38 – Safety and Occupational Health38.01 Promotion of Safe Work HabitsThe parties to this Agreement agree to co-operate in the promotion of safe work habitsand working conditions.

The parties further agree to adhere to the provisions of the Workers’ Compensation Actand related Regulations.

No Employee shall be disciplined for refusal to work when excused by the provisions ofthe Workers’ Compensation Act and Regulations.

38.02 Occupational Health and Safety CommitteeThere will be Union representation appointed by the Union on the Occupational Healthand Safety Committee which will be established in accordance with and governed by theprovisions of the Industrial Health and Safety Regulations made pursuant to the



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Workers’ Compensation Act.

Union safety stewards may apply for short term leave of absence in accordance withArticle 5.12 to attend safety seminars sponsored by the Union.

The parties recognize the importance of continuity of representation at meetings of theOccupational Health and Safety Committee.

Employees who are members of the Committee shall be granted leave without loss ofpay or receive straight time regular wages while attending meetings of the Committee.

Employees who are members of the Committee shall be granted leave without loss ofpay or receive straight time regular wages to participate in workplace inspections andaccident investigations at the request of the Committee pursuant to the WCBOccupational Health and Safety Regulations.

Courses identifi ed by the Occupational Health and Safety Committee to promote a safeand healthy workplace, and approved by the employer, shall be treated like anemployer-requested leave (ref. Article 17.04).

The Employer shall be informed by the Occupational Health and Safety Committee of itsrecommendations on ergonomic adjustments and on measures to protect pregnantemployees as far as occupational health and safety matters are concerned.

38.03 Employee SafetyThe employer and employees recognize the need for a safe and healthful workplace andagree to take appropriate measures in order that risks of injuries and occupationaldisease are reduced or eliminated.

Where the employer or Occupational Health and Safety committee identifi es high riskareas which expose employees to infectious or communicable diseases for which thereare protective immunizations available, such immunizations shall be provided at no costto the employee.

Employees who may be exposed in the course of their employment to Hepatitis B areentitled to receive Hepatitis B vaccine free of charge.

The employer will provide orientation or in-service necessary for the safe performance ofwork, including the safe handling of materials and products. The employer will also make readily available information, manuals, and procedures for these purposes. The employer will provide appropriate safety clothing and equipment.

The employer will provide employees working in remote geographic areas with access to appropriate com-munication devices or processes.



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38.04 Aggressive Patients/Residents/Clients(a) When the Employer is aware that a patient has a history of violent behaviour, theEmployer shall make such information available to the employee. Upon admission, transfer, or a community assignment the Employer will make every reasonable effort to identify the potential for aggressive behav-iour. In-service and/or instruction in caring for the aggressive patient/resident/client and how to respond to the patient’s/resident’s/client’s aggressive behaviour will be provided by the Employer. The Employer shall make every reasonable effort to ensure that suffi cient staff are present when any treatment or care is provided to such patients/residents/clients.

(b) Critical incident stress defusing shall be made available and known to employeeswho have suffered a serious work related traumatic incident of an unusual nature. Leave to attend such ses-sions will be without loss of pay.

38.05 WorkloadAn employee who believes that her/his workload is unsafe or consistently excessiveshall discuss the problem with her/his immediate supervisor. If the problem is notresolved in this discussion, the employee may seek a remedy by means of the grievanceprocedure. If the matter is not resolved in the grievance procedure, it may be referred toa troubleshooter who shall:

(a) investigate the difference;(b) defi ne the issue in the difference; and(c) make written recommendations to resolve the differences.

Appendix 1 – Addendum Re: Health Care Occupational Health and Safety AgencyThe Parties recognize that there is an ability to involve other agencies and government, through partner-ships, thereby multiplying the advantages of working together.

The Parties recognize that the ability to promote best practices and conduct necessary research is enhanced through a joint effort, thereby increasing acceptance, trust and understanding of solutions to mutually ben-efi cial objectives.

The Parties recognize the benefi t of and are committed to establishing a government funded approach to joint identifi cation and implementation strategies where safe work environments, healthy workforces and quality patient care can be achieved through prevention, safe workloads, promotion of safe work practices, safe early return to work, pilot programs and sharing of best practices among Union members, Employers, and industry at large.

To that end, the Parties agree to establish a jointly run agency for the purpose of developing and evaluat-ing program objectives with respect to prevention programs and compliance with Workers’ Compensation Board requirements.

Where the Agency identifi es practices, programs or models which have the potential to improve occupa-tional health and safety or improve compliance with Workers’ Compensation Board Regulations and recom-mendations in the health sector, the Agency shall promote the adoption of the practice, program or model



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in accordance with Agency guidelines or with such modifi cations deemed by the Agency to provide an equal or greater degree of protection to workers.

Public Sector Accord on Occupational Health and SafetyPreamble:Workers, employers and the Government of British Columbia share the objective of promoting safe and healthy workplaces throughout the health care sector in the province.Hospitals, long term care facilities and community health care agencies have not had goodhealth and safety records. For example the Workers’ Compensation Board reports that there were 4,591 short term disability claims among health care workers in 1996 and 23,756 claims in the fi ve years between 1992 and 1996 inclusive. Experts estimate that, at any one time, fully fi ve per cent of union members in the Facilities sub-sector are on long term disability and annually losing over 200,000 lost days of work.Unions, the employers and the government all have an economic incentive and a socialresponsibility to foster safety and reduce injuries. Improved health and safety practices, better health and safety training and the adoption of best practices across the sector are in the interests of workers, employ-ers, patients and the broader public. Workplace injuries and occupational diseases impose a very signifi cant burden on health care workers and their 110 families. They also result in the loss of skilled and experienced workers to the health care system, while resulting in signifi cant additional costs for treatment, recovery and income replacement.

In light of the signifi cant benefi ts to workers, employers and the province’s health care system from poli-cies and programs which prevent accidents and occupational diseases, the Unions (represented by bargain-ing associations), Employers (represented by the Health Employers Association of BC) (HEABC) and the Government of British Columbia (the Government), have concluded a new Occupational Health and Safety Accord, explicitly designed to promote these goals.

Objectives of the Accord:The objectives of the Accord are set out in the attached addenda are summarized as follows:

promote a safe and healthy work environment through healthy workforces, safe workloads and promo-tion of safer work practicesreduce the incidence of accidents and occupational diseasesfacilitate co-operation between unions and employers on health and safety issuesimplement pilot and demonstration programsprovide education and training to health care workers through local OH&S committeesencourage safe early return to work programsshare information and experience across the sectorresearch and implement innovative health and safety solutions and best practicesstrengthen linkages with the accident prevention programs of the WCBestablish an institutional framework for implementing these objectivesimproved compliance with WCB Regulations and recommendationspromote the adoption of the practice, program or modelprovide an equal or greater degree of protection to workers.

Parties to the Accord:

•

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There are three Parties to the Accord: the Unions (represented by bargaining associations), HEABC and the Government of British Columbia. Each Party commits to working co-operatively to implement both the spirit and the specifi c undertakings of this Accord. Further, the Parties may wish to involve other agencies through partnership arrangements.

Establishment of a Health Care Occupational Health and Safety Agency:To facilitate achievement of the objectives of the Accord, the Parties have agreed to establish a Health Care Occupational Health and Safety Agency. The Agency will be jointly administered with equal representation from the unions and employers with a neutral chair selected by the unions and employers. It will work with all members of the health care community to develop guidelines and programs designed to promote better health and safety practices through prevention, safe workloads, promotion of safe work practices, safe early return to work, pilot programs and sharing of best practices. It will also develop new measures to assess the effectiveness of programs and innovations in this area. The Agency will develop a methodology for evaluat-ing outcomes, establish goals for its programs, including measurable outcomes, and apply the methodology to audit outcomes. These audits will be available to the Parties and the public.

Funding:The Agency will be self-fi nancing, that is funded on a cost-neutral basis through savingsresulting from better health and safety practices. Resources will be generated from a variety of different sources, including savings from lower accident and injury rates, improved safe return to work programs, a lower WCB assessment rating and the implementation of new WCB work safe programs. The Agency will directly negotiate these arrangements with the Workers’ Compensation Board.

As savings will not be realized until after new Agency programs have had time to demonstrate their effec-tiveness, the province will provide an accountable advance from the Ministry of Health to enable it to begin operations. This advance will be repaid over time from the savings resulting from the Agency’s activities. The Ministry of Health of the Government of British Columbia will provide to the Health Care Occupa-tional Health and Safety Agency accountable advances and; with the condition that no more than $1,000,000 annually be devoted to operating expenditures, and that unexpended funds be carried forward into the fol-lowing years. The Agency will audit its programs to document expenditures and identify savings achieved. It will publish annual reports of the audits.

Implementation:On ratifi cation of the Accord, a working group composed of equal representation from theUnions (represented by the bargaining associations) and HEABC will be established. Thisworking group shall be guided by collective agreement language in developing a work plan for the establish-ment of the Agency, including the appointment of an Executive Director and appropriate staff.



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Provincial Collective Agreement between Health Employers Association of BC and Nurses’ Bargaining Association (2006-2010)Article 32 - Occupational Health and Safety ProgramThe parties agree to cooperate in the promotion of safe work habits and safe workingconditions and to adhere to the provisions of the Workers Compensation Act and relatedregulations. The Employer will ensure that the Occupational Health and Safety Regulation is readily available at each worksite for reference by all workers and will ensure that workers are aware of the onsite location where the Regulation is available for viewing. The Employer will also provide employees with information on where copies of the Regulation are available for ordering from the Workers’ Compensation Board, pro-viding the address, phone number, and website for the Workers’ Compensation Board.

32.01 Joint Occupational Health and Safety CommitteeThe Employer and the Union recognize the role of the joint Occupational Health andSafety Committee in promoting a safe and healthful workplace.

The parties agree that a Joint Occupational Health and Safety Committee shall beestablished for each Employer covered by this Collective Agreement. The Committee shall govern itself in accordance with the provisions of the Industrial Health and Safety Regulations made pursuant to the Work-ers’ Compensation Act. The Committee shall be as between the Employer and the Union, with equal rep-resentation, and with each party appointing its own representatives. Representatives of the Union shall be chosen by the Union membership or appointed by the Union.

All minutes of the meetings of the Joint Occupational Health & Safety Committee will berecorded in a mutually agreeable format and will be sent to the Union.

The Union further agrees to actively pursue with the other Health Care Unions a JointUnion Committee for the purposes of this Article.

The Employer agrees to provide or cause to be provided to Employer members of theJoint Occupational Health and Safety Committee adequate training and orientation to the duties and respon-sibilities of committee members to allow the incumbents to fulfi ll those duties competently.

The Union agrees to provide or cause to be provided to Union members of the JointOccupational Health and Safety Committee adequate training and orientation to the duties and responsibili-ties of committee members to allow the incumbents to fulfi ll those duties competently.

Such training and orientation shall take place within six (6) months of taking offi ce.

32.02 Medical ExaminationsAn employee may be required by the Employer, at the request of and at the expense ofthe Employer, to take a medical examination by a physician of the employee’s choice.Employees may be required to take skin tests, x-ray examination, vaccination, inoculation and other immuni-zation (with the exception of a rubella vaccination when the employee is of the opinion that a pregnancy is possible), unless the employee’s physician has advised in writing that such a procedure may have an adverse affect on the employee’s health.



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32.03 Safe Workplace(A) The Employer and employees recognize the need for a safe and healthful workplace and agree to take appropriate measures in order that risks of accidents and/or occupational disease are reduced and/or elimi-nated. Employers will take all reasonable steps to eliminate, reduce and/or minimize threats to the safety of employees.

(B) When the Employer is aware that a patient/resident/client has a history of violentbehaviour, the Employer shall make such information available to the employee. Uponadmission or transfer the Employer will make every reasonable effort to identify the potential for aggressive behaviour. In-services and/or instruction in caring for the violent patient will be provided by the Employer. An employee performing visitation to clients in the community shall have the right to request backup to attend where there is reasonable cause to expect a violent situation and will have access to appropriate com-munication equipment.

(C) The Employer will provide orientation and/or in-service which is necessary for the safe performance of work including universal precautions, the safe use of equipment, safe techniques for lifting and support-ing patients/residents/clients and the safe handling of materials and products. The Employer will also make readily available information, manuals and procedures for these purposes. The Employer will provide appro-priate safety clothing and equipment.

32.04 Transfer of Pregnant EmployeesPregnant employees may request to be transferred from their current duties if, in the opinion of the employ-ees’ physician, the pregnancy may be at risk. If such a transfer is not feasible, the pregnant employee, if she so requests, will be granted an unpaid leave of absence until maternity leave commences.

32.05 Provision for Immunizations (A) Where the Employer or Occupational Health and Safety Committee identifi es high risk areas which ex-pose nurses to infectious or communicable diseases for which there are protective immunizations available, such immunizations shall be provided at no cost to the employee.

(B) Employees who may be exposed in the course of their employment to Hepatitis B shall be entitled to receive the Hepatitis B vaccine free of charge.

32.06 WorkloadAn employee who believes that her workload is unsafe or consistently excessive shall discuss the problem with her immediate supervisor. If the problem is not resolved in this discussion, the employee may seek a remedy by means of the grievance procedure. If the matter is not resolved in the grievance procedure, it may be referred to troubleshooter who shall:

(a) investigate the difference;(b) defi ne the issue in the difference; and(c) make written recommendations to resolve the differences.



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Appendix E - Memorandum of Understanding Safety in the Work PlaceThe parties will form an industry Safety in the Work Place Committee to research, recommend and promote safety in the work place. The Committee will consist of three members from each party.

The Committee will deal with a wide range of issues including violence in the work place and employee as-sistance programs (EAP’s). The Committee will meet within sixty (60) days of signing the collective agree-ment. The Committee will make its initial report of fi ndings and recommendations to the parties within six months of formation. Further reports are due at subsequent six month intervals. The future directions of the Committee will be reassessed on a six month rolling cycle.

The parties will pay the salary costs of their respective members of the Committee and will share equally common costs such as the cost of meeting rooms.

With respect to EAPs the parties agree to conclude, before the expiry of the collective agreement, a com-prehensive study of EAPs. This study shall include a review of the information gathered to date by the industry with a view of determining;

a) Which HEABC facilities presently have EAPs;b) the nature and scope of programs in place in these facilities;c) other EAP alternatives in the community, including multi-Employer programs and programs in remote locations.

The Committee’s recommendations will include criteria for acceptable EAPs specifi callyincluding ways to ensure the confi dentiality of all participants.

Appendix F - Memorandum of Understanding Occupational Health & SafetyHEABC will encourage facilities to expand the OH&S knowledge and skill base of all OH&S committee members. Such measures may include in-services, courses offered by external agencies, video training and printed matter. Further, HEABC and the NBA will jointly seek additional funding to further OH&S com-mittee members’ education.

HEABC will encourage senior managers of member facilities to actively participate as members on their respective OH&S committees.

The NBA will continue to encourage its members to actively participate on OH&S committees in each facil-ity.

Memorandum of Understanding - Re: Addressing Workplace Violence and Respect in the Health WorkplaceThe parties recognize that it is important to provide an environment that is properly secure for all those who receive health services or who work in healthcare. A safe environment is important for staff and contributes to providing the highest possible standard of care. Staff should expect to work in, and patients should expect to be treated in, an environment where the risk of violence is minimized.



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Violence Prevention ProgramEach Health Authority will establish a joint violence prevention program or reviewtheir existing program where one is in place that will include:

Creation of a regional violence prevention sub-committee to develop control measures and provide guidelines to local Joint Health and Safety Committees and to compile an annual regional report of vio-lence prevention activities to the local JOSH Committees;Risk assessments coordinated by the local JOSH Committees and reported to the regional violence pre-vention subcommittee;Ongoing employee education and training.

Towards a Respectful WorkplaceHealth Authorities are committed to promoting a work environment in which employees, students, medical staff, physicians, residents, fellows, volunteers, contractors, visitors, patients and clients conduct themselves in a civil, respectful and cooperative manner.Each Health Authority will publish a clear policy for promoting and maintaining a working environment in which all persons are treated with respect and dignity. These policies will be accessible to staff and users of the health care system regarding expectations and consequences of inappropriate behaviour and violence.

Appendix V - Memorandum of Understanding Health Care Occupational Health and Safety AgencyThe parties agree that since its inception, the Occupational Health and Safety Agency has contributed in part to the reduction of injury rates in the Health Care Sector, and subsequent savings in WCB premiums paid by the sector;

The parties agree that the Occupational Health and Safety Agency is the primary forum to discuss Health Care Sector OH&S issues and solutions, e.g., health and safety practices, safe workloads, promotion of safe work practices, early return to work, safe work environments, healthy workforces;

The parties further agree that the joint bipartite governance model of theOccupational Health and Safety Agency has been successful;The parties agree to work cooperatively so that the Occupational Health andSafety Agency for Healthcare is able to continue its work and mandate.

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Accident/Incident Investigation Articles for Employers and Workers who fall under a BC Health Care Collective Agreement:Bargaining Unit: Health Services and Support Facilities SubsectorCollective Agreement Language: Article 37.01(b) “Employees who are members of the [Joint Occupational Health and Safety] Committee shall be granted leave without loss of pay or receive straight time regular wages to participate in workplace inspections and accident investigations…”Article 37.02 (b) “Critical incident stress defusing shall be made available and be known to employees who have suffered a serious work related traumatic incident of an unusual nature. Leave to attend such sessions will be without loss of pay.”

Bargaining Unit: Health Services and Support Community SubsectorCollective Agreement Language: Article 22.3 (b) “Employees who are members of the [Joint Occupational Health and Safety] Committee shall be granted leave without loss of pay or receive straight-time regular wages to participate in joint work-place inspections and joint accident investigations…”“Committee workplace …accident investigations shall be scheduled during normal working hours whenever possible.”Article 22.4 (d) “Critical incident stress defusing shall be made available and known to employees who have suffered a serious work related traumatic incident of an unusual nature. Leave to attend such sessions will be without loss of pay.”Article 22.9 “(a) Except in the case of a vehicle accident occurring o a public street or highway, the Em-ployer must immediately initiate an investigation in to the cause of every accident which resulted in injury requiring medical treatment by a medical practitioner or had a potential for causing serious injury.(b) Accident investigations must be carried out by persons knowledgeable of the type of work involved and , if feasible, include the participation of one (1) Union Occupational Health and Safety Committee member, or if not available, a Union steward and one (1) Employer representative.(c) Copies of accident investigation reports must be forwarded without undue delay to the Occupational Health and safety Committee.(d) In the event of a work related employee fatality, the Employer shall notify the Union designate of the nature and circumstances of the accident as soon as possible.”

Bargaining Unit: Health Science Professionals SubsectorCollective Agreement Language: Article 38.02 “Employees who are members of the [Joint Occupational Health and Safety] Committee shall be granted leave without lossof pay or receive straight time regular wages to participate in workplace inspections and accident investiga-tions…”Article 38.04 “Critical incident stress defusing shall be made available and known to employees who have suffered a serious work related traumatic incident of an unusual nature. Leave to attend such sessions will be without loss of pay.”



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Bargaining Unit: Nurses’ SubsectorPast Practice indicates that employees who are members of the Joint Occupational Health and Safety Com-mittee are included in joint accident investigations and critical incident stress defusing is provided to nurses under the same circumstances as other bargaining units at the same worksite.



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Workers Legal Rights in the Occupational Health and Safety Act

The right to know about potential hazards and training required on machinery, equipment, working condi-tions, processes and substances. The right to participate in the process of identifying and resolving health and safety concerns. The right to refuse work that they believe would create an undue hazard to either their own health and safety or that of another person.

In addition, workers are protected from discriminatory action if they use their rights (OHS Regulation 3.13)

3.12 Procedure for refusal (excerpt from OHS Regulation)A person must not carry out or cause to be carried out any work process or operate or cause to be oper-ated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to his or her supervi-sor or employer. A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and

ensure that any unsafe condition is remedied without delay, orif in his or her opinion the report is not valid, must so inform the person who made the report.

If the procedure under subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or employer must investigate the matter in the presence of the worker who made the report and in the presence of

a worker member of the joint committeea worker who is selected by a trade union representing the worker, orif there is no joint committee or the worker is not represented by a trade union, any other reason-ably available worker selected by the worker.

If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an offi cer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.

3.13 No discriminatory actionA worker must not be subject to discriminatory action as defi ned in section 150 of Part 3 of the Work-ers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an offi cer.Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.12 is resolved is deemed not to constitute discriminatory action.

Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.

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Refusal of Unsafe Work Process



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Resolving OHS Issues

The JOHSC discusses an issue, builds consensus, and comes to a joint recommendation for resolution that is provided to the employer with a timeline for response.

If your committee has made a recommendation and the responsible manager has not responded, the com-mittee may decide to submit the recommendation with a formal request for a written response from the employer within 21 days under section 133 of the WC Act.

If the committee feels the manager’s response is inadequate or the committee itself is unable to reach an agreement on a recommendation, the following resources may be available to resolve the impasse.

Contact your institution’s Occupational Health and Safety Professionals, if applicable, for advice.Contact WorkSafeBC Infoline for information and guidance on the issue at 1-888-621-7233; or the com-mittee may also invite a WorkSafeBC board offi cer to attend the JOHSC meeting to provide informa-tion informally; or a co-chair can ask WorkSafeBC to “investigate and attempt to resolve the matter.” (Section 132, WC Act)Healthcare collective agreements contain articles pertaining to Occupational Health and Safety that may provide additional guidance.Worker representatives may consult with their respective unions for additional advice for resolving OH&S concerns outside of the JOHSC structure, which could include other options such as refusal of unsafe work and the fi ling of grievances.

Agreed to by HELP Advisory Group; March 6, 2008

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Critical Incident Response (CIR) Program

If you experience a signifi cant trauma at work - such as witnessing a fatality or being exposed to violent or aggressive behaviour, you may develop Post Traumatic Stress Disorder (PTSD). If you are experienc-ing emotional or psychological trauma, such as intense fear, helplessness, or persistently re-experiencing the event, WorkSafeBC offers a critical incident response (CIR) program for workers and employers throughout the province. Critical Incident Response and Critical Incident Stress Debriefi ng (CISD) can signifi cantly reduce your chances of developing PTSD if provided in a timely manner, optimally within 24-72 hours, fol-lowing the incident. If you are a unionized worker your employer must make Critical Incident Stress Debriefi ng available for you if you have suffered a serious work-related traumatic incident. If you have any questions please contact your Union OHS Representative or Union steward. If you have any questions or wish to arrange an intervention, please contact the Critical Response Liaison at WorkSafeBC, 604-233-4052 or toll free within B.C. at 1-888-621-7233 local 4052. For urgent or after-hour calls, please phone the emergency pager toll-free at 1-888-922-3700. Your call will be answered immediately between the hours of 9:00 a.m. and 11:00 p.m., seven days a week.



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Bill C-45: Criminal Negligence & Medical Malpractice

By Michael Watts, Tracey Rynard and Cassels Brock

New amendments to the Criminal Code of Canada (“Bill C-45”), effective March 31, 2004, have made it easier for hospitals, and persons directing work at hospitals, to be prosecuted for workplace injuries, or any other harm that a person may suffer at the hospital. Depending on how broadly the amendments are inter-preted, harm could include, for example, medical malpractice and occupier’s liability (slip and falls).

Under the Criminal Code, every one is criminally negligent who, in doing anything, or, in omitting to do anything that is his (statutory) duty to do, shows wanton or reckless disregard for the lives or safety of other persons. Prior to Bill C-45, for a corporation to be found guilty of criminal negligence, its “directing mind” must have committed a prohibited act and had the necessary intent to commit it. An individual with govern-ing authority, responsible for setting policy, was considered a “directing mind,” although ultimately this was to be determined by the Courts on a case by case basis. As a result of the diffi cult burden imposed on the Crown to prove a “directing mind”, prosecutions were few, and convictions even rarer.

The diffi cult burden established for criminal convictions with regard to workplace injuries was evident fol-lowing the 1992 Westray mine explosion, which killed 26 workers. Although two managers were charged with criminal negligence in connection with the deaths, the charges were eventually withdrawn. However, as a result of the disaster, a judicial enquiry was called. The Richards Enquiry resulted in recommendations to increase criminal liability for lack of workplace safety, and directly led to the Bill C-45 amendments, which should make it easier to successfully prosecute both an “organization” and an individual for criminal negli-gence related to workplace injuries.

Bill C-45 amends the Criminal Code to:Establish rules for attributing to organizations criminal liability for the acts of their representatives;Establish a legal duty for all persons directing work to take reasonable steps to ensure the safety of workers and the public;Set out factors for courts to consider when sentencing an organization; andProvide optional conditions of probation that a court may impose on an organization.

Of utmost concern for the healthcare industry is that amendments may make it possible for the Crown to prosecute a hospital and its directors, offi cers, physicians and employees for criminal negligence, where a person or persons suffer bodily harm or death relating to circumstances where the hospital and person(s) knew (or ought to have known) that there was a danger to a patient and they “showed wanton and reckless disregard” for the patient’s safety. This potential criminal liability stems from the explicit duty established for those who undertake a task, or have the authority to direct how another person performs a task, to take reasonable steps to prevent bodily harm to any person arising from the work. A recent class action lawsuit contains allegations in the statement of claim, which if proved, would in our opinion clearly fall within the ambit of the Bill C-45 provisions.

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As a result of the above risk, we believe hospital boards should take additional steps to protect themselves and staff from potential criminal prosecutions. Such steps should take into account the principles outlined in recent U.S. decisions (such as the Caremark decision) setting new standards for directors to ensure com-pliance with the law, and should expressly include the adoption of a Corporate Compliance and Ethics Committee.

Michael Watts is a lawyer practising exclusively with health care clients in the Health Law Group of Cassels Brock. Tracey Rynard is an articling student with Cassels Brock.



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Due Diligence

Standard for Due DiligenceTaking all reasonable care to protest the well-being of employees or coworkers.

Test of Due DiligenceThere is a written Occupational Health & Safety ProgramThe employer takes steps to eliminate of control specifi c hazardsThere are written safe work procedures which are understood and followed by the employeesThere is adequate instruction, training, supervision and discipline to ensure employees works safely

Documentation/Records are Kept for the FollowingOrientationInspection reports and records of corrective actionRecords of meetings and staff talks where safety issues are discussedRecords indicating the use of progressive discipline to enforce safety rules and written work proceduresSubcontractor pre-qualifi cation documentsFirst aid records, medical certifi cates, hearing testsSampling and monitoring records of exposure to harmful substancesJOHSC related budget items and purchase ordersRecords of employee/supervisor trainingIncident reports and records of corrective action takenSupervisor’s notes and logs of safety contacts with employeesJOHSC meeting reports showing steps taken to address health & safety issues Equipment log books and maintenance recordsForms and checklists showing that the employer requires employees to follow safe work proceduresEmergency response plan and records of drills and any resulting improvementsStatistics on the frequency and severity of incidents

Evidence of an Effective OH&S Program IncludesA clear workplace JOHSC policy is communicated to all employeesRoles and responsibilities for implementing and managing JOHSC programs are assignedThere are assigned resources to JOHSC programManagement meetings address health & safety issues, accident and injury trends and corrective actionsContractors are required to conform to JOHSC regulationDocuments and records are maintainedStatistics on frequency and severity of incidents as well as injury and illness trends are reviewedResponsibility for identifying hazards and conducting risk assessments has been assignedAppropriate risk control measures are implemented for identifi ed hazardsA preventative maintenance program is in placeRecommendations from the JOHSC are addressedA review of the JOHSC program is conducted annually

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Evidence of a Supervisory RoleRecords and documents that indicate that supervisors:

Receive training to perform their safety and health responsibilitiesParticipate in inspectionsConduct incident reviews and take action to correct reported hazardsConduct orientationConduct on the job trainingEvaluate training to ensure that it is effectiveMonitor work conditions and practices in areas of responsibilityCorrect employees who are not following safety rules and proceduresDocument progressive disciplineConsider Occupational Health & Safety as an element in their performance evaluation

Evidence of an Employee RoleRecords and documents indicate that employees are aware of their role and responsibilities within the JOHSC:

Receive orientationReceive specifi c job instructionsReceive health & safety training (i.e. responsibilities, hazards, engineering controls, written safe work procedures, use of PPE, etc)Demonstrate skills/knowledge necessary to perform their job safelyReport workplace injuries and hazardsParticipate in inspectionsParticipate in incident investigations

Evidence of Disciplinary ProcessThere are written consequences for NOT following health & safety procedures (progressive disciplinary action)All employees and managers/supervisors are aware of these consequencesDisciplinary procedures are used effectivelyThe JOHSC monitors disciplinary proceduresGood records are kept of progressive disciplinary action to enforce safety rules and written safe work procedures

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Due Diligence ChecklistWhat is the standard of due diligence?The reasonable care to protect the well-being of employees or co-workers.

What is the defense of due diligence?All reasonable precautions to comply were taken in the circumstances.

What is the test of due diligence?The documentation of an effective OH&S program. An effective OH&S program includes:• A written OH&S program which has been implemented• An employer who takes steps to control or eliminate specifi c hazards• Written safe work procedures that are understood and followed by workers• Workers who are provided with adequate instruction, training, supervision and discipline to work safely

How can this checklist help?The following checklist is intended to help employers determine if they have suffi cient documentation of an effective OH&S program. Other due diligence factors to consider include health and safety performance in the workplace, the employer’s history of compliance with the Workers Compensation Act and OH&S Regu-lations, the degree of hazard associated with violations, etc. This checklist is only a guideline.

Workplace: _______________________________________________________

Part 1: Does the employer keep the following types of records?

Worker orientation records Y N

Inspection reports and records of corrective actions taken to solve problems Y N

Records of meetings and crew talks where safety issues have been discussed Y N

Records showing use of progressive discipline to enforce safety rules and written safe work procedures Y N

Subcontractor pre-qualifi cations documents Y N

First aid records, medical certifi cates, hearing tests Y N

Sampling and monitoring records of exposure to harmful substances Y N

OH&S related budget items and purchase orders Y N



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Records of worker/supervisor training showing the date, names of attendees and topics cov-ered (e.g. Lockout, WHMIS) Y N

Incident/accident investigation reports and records of corrective action taken to solve prob-lems Y N

Supervisor’s notes and logs of safety contacts with workers Y N

Joint OH&S Committee meeting reports showing steps taken to address health and safety issues Y N

Equipment log books and maintenance records Y N

Forms and checklists showing the employer requires workers to follow safe work procedures (e.g. confi ned space entry permits) Y N

Emergency response plan and record of drills and any resulting improvements Y N

Statistics on the frequency and severity of accidents Y N

Part 2: Do the employer’s records show an effective OH&S Program?Records/documents require that the employer/management indicate:

1. State and communicate a clear workplace OH&S policy Y N

2. Assign responsibility and resources for implementing a OH&S Program to identifi ed person(s) Y N

3. Include workplace OH&S issues on management meeting agendas Y N

4. Require contractors to conform to OH&S regulations Y N

5. Ensure records are maintained (see part 1) Y N

6. Review statistics on the frequency and severity of accidents, as well as injury and illness trends over time Y N

7. Assign responsibility for identifying hazards and conducting risk assessments Y N

8. Implement appropriate controls (engineering, work practice, PPE) for identifi ed hazards (e.g. machine guarding, lockout, chemical hazards, RSI, etc.) Y N

9. Implement a preventative maintenance schedule as required by manufactures’ and industry recommendations and standards Y N

10. Address Joint Health & Safety Committee or health and safety representative recommenda-tions Y N

11. Review OH&S Program activities (e.g. once a year) and make improvements as needed Y N



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Records/documents that supervisors:

12. Provide training to perform their safety and health responsibilities Y N

13. Give crew talks/conduct safety meetings Y N

14. Participate in inspections Y N

15. Conduct incident/accident investigation Y N

16. Take action to correct reported hazards Y N

17. Conduct orientation Y N

18. Conduct on-the-job training Y N

19. Evaluate training to ensure that it is effective Y N

20. Monitor work conditions and practices in areas where they have responsibility Y N

21. Correct employees not following rules and procedures Y N

22. Keep records of progressive discipline Y N

23. Have OH&S considered as an element in their performance evaluation Y N

Records/documents indicate that workers:

24. Receive orientation Y N

25. Receive specifi c job instructions Y N

26. Receive health and safety training (e.g. responsibilities, hazards, engineering controls, writ-ten safe work procedures, use of PPE) Y N

27. Demonstrate the skills/knowledge necessary to perform their jobs safely Y N

28. Report injuries and hazards Y N

29. Participate in inspections Y N

30. Participate in incident/accident investigations Y N



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Dealing with disciplinary procedures for workers, supervisors and managers who don’t know safety rules or safe work procedures:

31. Are there disciplinary procedures in place? Y N

32. Are workers/supervisors/managers aware of them? Y N

33. Are disciplinary procedures used effectively? Y N

34. Are they monitored by the Joint Health & Safety Committee or health and safety represen-tative? Y N

35. Are good records kept of progressive discipline used to enforce safety rules and written safe work procedures? Y N

Checklist completed by (name): Date:

Employer’s Action Plan# Action Required (specify) Action by (name) Target date Completed

“Making healthcare a healthier place to work.”www.ohsah.bc.ca