Approach to Proactive Labour Inspection in Canada: Federal and Provincial Models

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• Approach to Proactive Labour Inspection in
  Canada Federal and Provincial Models
• RIAL Workshop on Successful Labour Inspection
  Models May 19, 2009

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OVERVIEW

• Constitutional Jurisdictions
• Government of Canada Intervention Model
  Framework
• Government of Manitoba Safe Work Program
• Government of British Columbia Focus Firm
  Strategy
• Common Characteristics

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CONSTITUTIONAL JURISDICTIONS
Canada 10 provinces and 3 territories. Two Key
constitutional documents Constitution Act, 1867
and Constitution Act, 1982 Canadian
Constitutionassigns jurisdiction for certain
industries exclusively to the federal government
and others to provincial governments.
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CONSTITUTIONAL JURISDICTIONS
Jurisdiction Population
British Columbia 4,380,000
Alberta 3,474,000
Saskatchewan 997,000
Manitoba 1,187,000
Ontario 12,804,000
Quebec 7,701,000
Newfoundland and Labrador 506,000
New Brunswick 750,000
PEI 139,000
Nova Scotia 934,000
Yukon 31,000
NWT 43,000
Nunavut 31,000
TOTAL 32,976,000
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FEDERAL JURISDICTION

• The Federal Jurisdiction, under the Canada Labour
  Code, covers the following industries
• Navigation, shipping, operation of ships and
  transportation
• Inter-provincial transport (rail and road)
• Airports and airlines
• Telecommunications
• Broadcasting
• Banks
• Federal crown corporations (i.e. Canada Post,
  Museums, etc.)
• Industries declared by Parliament to be for the
  general advantage of Canada or two or more
  provinces (eg. Nuclear, Grain)

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PROVINCIAL JURISDICTIONS

• All Provinces and Territories have their own
  labour legislation which applies to all sectors
  that are not legislated by the Canadian Labour
  Code such as
• Manufacturing
• Mining / Non-renewable natural resources
  (excluding nuclear)
• Provincial transport (excluding inter-provincial)
• Agriculture (excluding grain)
• Forestry
• Electrical energy
• Education
• Health

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INTERVENTION MODEL FRAMEWORKOccupational
Health and Safety OperationsLabour
ProgramGovernment of Canada
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INTERVENTION MODEL Goals Objectives

• Goals
• Target firms with high rates of disabling
  injuries, high risk sectors, or employers with
  large number of work refusals or complaints
• Foster an occupational health and safety culture
• Make clients more self-reliant and able to
  address current and future OSH issues in their
  workplace
• Objectives
• To promote internal responsibility
• To reduce the number and severity of workplace
  injuries and illnesses.
• To achieve a higher level of voluntary compliance
  to Part II of the Canada Labour Code

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INTERVENTION MODEL Principles

• Participation is voluntary
• Proactive rather than reactive
• Must be a positive experience
• Collaborative systematic approach, consistent
  intervention across the country
• Non-confrontational
• Flexible and specific to each individual work site

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INTERVENTION MODEL - 6 Stages

• Stage 1 - Selection - targeting
• Stage 2 - Offer / Client commitment -
  administration
• Stage 3 - Appraisal - basic OSH components
• Stage 4 - Assessment - comprehensive review
• Stage 5 - Work plan - corrective actions
• Stage 6 - Monitoring - follow-up

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INTERVENTION MODEL - Selection

• To identify clients who will be offered the
  opportunity to
• participate in the intervention process
• Factors used to identify potential clients
• High risk / targeted industry sectors
• High risk activities
• High rate of disabling injury incidents
• Annual reports of hazardous occurrences
• Number of work refusals and complaints
• Workers compensation statistics (claims and
  costs)
• Local knowledge and conditions

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INTERVENTION MODEL - Commitment

• Meeting with client (employer / management)
• Explain why client was chosen
• Explain benefits of OSH program
• Explain Intervention Model and scope of
  intervention
• Encourage client to consult with employees and
  union
• Client signs commitment letter or gives verbal
  commitment

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INTERVENTION MODEL - Appraisal

• OSH officer reviews whether core components of
  OSH
• program are in place to ensure workplace has a
  solid
• foundation on which to build intervention and
  program
• OHS policy established
• OSH information posted
• Effective Workplace OHS Committee or
  representatives
• Accidents, injuries and hazardous occurrences
  investigated and reported

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INTERVENTION MODEL - Assessment

• Comprehensive review of the 8 basic elements of
  OSH program
• OHS policy with roles and responsibilities
• Hazard identification and safe working procedures
• OHS education and training
• Workplace injuries and illnesses investigation,
  recording and reporting
• First aid provision and emergency response
• OHS Committee or representatives, and Policy
  Committee
• Regular workplace inspections
• Internal complaint resolution process

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INTERVENTION MODEL - Work Plan Monitoring

• OSH officer and client jointly develop a work
  plan that
• identifies issues of non-compliance with the Code
  and
• remedial measures/actions to address these issues
• OSH officer may make recommendations, not
  required by
• the Code, that are deemed appropriate
• Once all issues have been addressed, client and
  officer
• establish monitoring plan for at least 2 years,
  in order to
• evaluate success of intervention
• ensure improvements take root and become
  permanent
• provide assistance to management and OSH Committe
  or representatives

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SAFE WORK PROGRAM Workplace Safety and
Health Division Labour and Immigration
DepartmentandWorkers Compensation
BoardGovernment of Manitoba
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SAFE WORK PROGRAM Goal ObjectivesSpot the
hazardAssess the riskFind a safer wayEveryday

• Goal
• Reduce workplace injuries and illnesses, and
  create safer and
• healthier workplaces throughout Manitoba
• Objectives
• To build a strong workplace safety and health
  culture
• To change Manitobans knowledge, attitude and
  behaviour about safety

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SAFE WORK PROGRAM - Priorities Targets

• Raise awareness and education through advertising
  campaigns (WCB)
• Expand and target training for employers,
  supervisors and workers (WHSD)
• Implement prevention measures and standards
  through OSH programs (WHSD)
• Strengthen internal and external responsibilities
  (WHSD)
• Target employers, workers, general public and
  young workers
• preparing to enter the workforce
• Joint Injury and Illness Prevention Strategy
• Target risk sectors and clientele, including
  youth, aging workforce and immigrant workers

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SAFE WORK PROGRAM - Priorities Targets

• Based on values of
• leadership
• ownership
• fairness
• transparence
• partnership
• Basic principle is that safety is everyones
  responsibility

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FOCUS FIRM STRATEGYWorkSafe British
ColumbiaGovernment of British Columbia
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FOCUS FIRM STRATEGY - Objectives Targets

• Objectives
• Reduce injury rate to industry average level or
  below
• Ensure each firm has a well functioning health
  and safety program in place
• Ensure each firm has an effective return-to-work
  program in place
• Target firms with
• high injury rates or higher rate than industry
  average
• high number of compensation claims
• significant number of young workers

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FOCUS FIRM STRATEGY - Principles

• Principles of cooperation and partnership
• Strategy relies on commitment and resources of
  workplace parties
• Promote in concert with workers and employers the
  prevention of workplace injuries, illnesses and
  accidents
• Build a culture of health and safety

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FOCUS FIRM STRATEGY - Stages

• Identification and selection
• Analysis of companys injury profile
• OSH officer and employer jointly develop business
  plan
• Commitment from management and workers
• Officer provides expertise and assistance with
  implementation of business plan
• Officer monitors compliance
• Officer reviews and evaluates program
  effectiveness
• Maintenance stage when safety program is
  self-sustaining and injury rate below industry
  average

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COMMON CHARACTERISTICS LESSONS LEARNED

• Focus on high risk sectors and industries
• Work best when everyone is involved at every step
  of the process
• Need commitment of all parties
• Partnership and collaboration
• Rely on internal responsibility
• Government as a partner and specialist rather
  than an enforcer
• Education and outreach
• About building a health and safety culture and
  changing attitudes and behaviours