Title of this presentation

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Working Safely
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Outline

• Introduction
• Direct and indirect costs and losses associated
  with workplace incidents / accidents
• The human impact of workplace accidents
• Adopt the internal responsibility system

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How well do you know your Health Safety
obligations?
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Did you know
You are three times more likely to be hurt on the
job than in a traffic accident?
Workplace injuries to new and young workers are
four times more likely to occur during their
first month of employment than at any other time?
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Our society believes

• 61 Canadians believe that workplace accidents
  are part of the job (Ipsos-Reid)
• 69 of New Brunswickers believe that workplace
  accidents are part of the job
• 76 of Canadian employers believe accidents are
  caused by worker inattention
• There is a disconnection of real safety culture
  from stated safety culture

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Workplace safety - What is happening nationally

• CCOHS 2007
• In 2005, 16.17 million Canadian employees
• 337,930 injuries
• 1,097 deaths
• Human Resources Social Development Canada,
  April 2007
• Total compensation paid to victims of workplace
  accidents over 8 billion

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Workplace injuries

• In New Brunswick

2004 2005 2006 2007
Lost time claims 5,750 6,289 6,025 6,135
No-lost time claims 5,594 5,606 5,892 5,674
Work related fatalities 9 13 9 8
Number of serious accidents investigations 129 129 115 176
Serious accident investigations includes
fatalities, crushing injuries, loss of vision in
at least one eye, fractures (excluding fingers
and toes), and any injury requiring hospital
admission as an in patient (amputations, burns,
etc.) Statistical indicators from WorkSafeNB
Report to stakeholders 2005, 2006 2007
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Canada vs. New Brunswick(workers between the
ages of 15-24)
110,000 young workers are injured on the job
every year Injured
young people represent one in every four injured
workers in Canada.
Think about it - an entire high school is
injured on the job every year in New Brunswick
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Where are injuries occurring?

• In New Brunswick, the top 5 workplaces where
  injuries/accidents to workers aged 15 24 occur
• Restaurants
• Sawmills
• Meat industry
• Supermarkets / grocery stores
• Fish industry

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What are the direct and indirect costs and
losses associated with workplace incidents /
accidents?
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Direct versus indirect costs
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Iceberg effectaccidents cost money

• Insured Costs
• Medical
• Compensation

• Uninsured Costs
• Building damage
• Tool and equipment damage
• Product and material damage
• Hiring and training replacements
• Investigation time

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The financial costs

• It is estimated that the cost to Canadian
  employers (disability medical)
• exceeds 16 billion each year
• Staying _at_ Work 2002/2003. Building on
  Disability Management. Watson Wyatt Worldwide,
  p.1.

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The cost of employee absence

• The cost of losing and replacing an employee can
  range from 50 to 150 of his or her annual
  salary.
• Redesigning Work. Pat Chisholm, DArcy
  Jenish, Julian Beltrame, John Demont. MacLean's
  Vol.114, Issue 10.

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Legal costs

• Occupational Health Safety Act (sec. 47(1))
• Every person who violates or fails to comply
  with any provision of this Act or the regulations
  or fails to comply with an order made under this
  Act or the regulations, commits an offence and is
  liable on conviction
• To a fine of not more than 250,000, or
• To a term of imprisonment not exceeding six
  months, or to both.

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The costs to an individual workplace

• Although some may consider costs to be solely
  associated with a dollar amount, the impact of a
  workplace injury also results in
• Mistrust in the management system
• Employee motivation and job satisfaction
  diminishes and may eventually vanish
• Employees who perceive their workplace as a an
  uncaring institution are 40 more likely to
  find a reason to miss work.
• Why does this matter?

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Impact of workplace accidentsthe human cost

• Impact of accidents, disease and disability is
  substantial for employees and their families
• Employees face issues related to
• isolation, reduced abilities, quality of life
• relationships with others
• personal sense of self
• reduced levels of income, benefits and job
  security
• possible addiction dependency

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Human Costs cont

• Specially equipped vehicles to assist in daily
  transportation for an injured employee (including
  wheelchair accessibility)
• Psychological trauma from injury resulting in
  conditions such as insomnia, nightmares, chronic
  pain, learning to use and cope with prosthetics,
• Paralysis, self-blame and guilt
• Overall lifestyle change learning to live again

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Human Costs cont
Withdrawal/isolation from family, friends,
colleagues Complications from injuries
resulting in extended physiotherapy,
consultations and appointments to doctors,
surgeons, specialists, and other medical
services Renovations, remodeling expenses to
home to accommodate wheelchairs, walkers and
other assisted devices
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Adopt the internal responsibility system

• Responsibility for Health Safety?
• Internal Responsibility System (IRS)
• Im responsible
• Due Diligence (DD) is the key
• How far I have to go with my responsibilities
  and how can I show I did

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Internal responsibility system
The internal responsibility system places an onus
on everyone -- the employer, supervisors and
workers -- to ensure that the workplace is safe
and in compliance with occupational health and
safety legislation.
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Concentration of responsibility

• While more than one person may have an
  obligation, the greater your control over the
  situation, the greater your accountability.

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Foreseeability

• One must prepare for risks which are objectively
  foreseeablethose risks that a reasonably
  insightful person can foresee from within a
  companys operation.
• Due diligence does not, therefore, require one to
  take every possible measure to protect against
  merely speculative dangers.

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It depends on the circumstances

1. The gravity of the potential harm
2. The likeliness (probability) of harm
3. The skill required
4. The control that the person had in this situation
   
5. The availability of alternatives
6. The precedents

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Legal issues
Occupational Health and Safety Legislation
(minimum standards) - Liability for the
organization as a whole - Liability of the
organization because of an identifiable
individuals action attributable to the
organization (supervisor) - Liability of
individuals - Liability for contract workers
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Three standards of proof

• Absolute Liability
• Criminal Liability
• Strict Liability

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Absolute liability

• This is easiest for the Crown and hardest for the
  Defence. There is no defence available. If
  you did the act, you are guilty. No mental
  element is required.
• Once the Crown has proven that the defence
  committed the offence, the judge will make a
  finding of guilty.

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Criminal liability

• This is the hardest for the Crown to prove and
  easiest for the accused to defend. It is
  necessary for the Crown to prove intention to
  commit the crime. The standard of proof is
  beyond a reasonable doubt.

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Strict liability

• The Crown must prove the accused committed the
  prohibited act. Then the burden shifts and the
  accused seeks an acquittal based on a defence of
  Due Diligence, which means that all reasonable
  care was taken.
• Strict liability is no harder for the Crown to
  prove than Absolute liability. The Crown must
  prove the accused did the Act. That is all. No
  requirement for intention. The standard is
  easier for a defendant. If they can prove Due
  Diligence, they will be acquitted.

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Due diligence as a defence

• Employers must establish that all reasonable
  precautions were taken to avoid committing the
  offence.
• It is not sufficient to simply act reasonably in
  the abstract or to take care in a general sense.

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Due diligence

• The Crown must prove that the accused committed
  the prohibited act...
• Then the burden shifts...
• The accused can seek an acquittal based on a
  defense of due diligence.

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Proving due diligence

• Establish a proper and adequate health and safety
  management system that defines the organizations
  health and safety responsibilities.

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What is a proper and adequate system?

• Several factors must be present
• - Instruction, training and orientation programs
• - Training and sufficiency of supervisory
  personnel
• - Continual review of elimination or control
  hazards
• - Policies and procedures in place
• - An effective discipline system for breaches of
  legislative standards and internal policies and
  procedures

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Workplace legislation

• Occupational Health Safety Act
• General application of all workplace legislation
• Outlines duties and responsibilities of employees
  and employers
• Enforcement is through the WorkSafeNB HS Officers

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Regulations

• Work-specific standards
• Some examples
• General (91-191)
• WHMIS (88-221)
• Working Alone (92-133)
• First Aid (2004-130)
• Everyone has a role to play

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Safety is

• Safety is the state of mind by which people are
  constantly made aware of the possibility of
  injury.
• We must develop a safety mindset
• where we are always thinking of our safety and
  the safety of others culture!

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Workplace safety is a right!
Its also a responsibility.
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Questions