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66 Cards in this Set
- Front
- Back
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Lost-Time Injury |
A workplace injury that results in the employee missing time from work. |
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Occupational health and safety (OH&S) |
The identification, evaluation, and control of hazards associated with the work environment. Regulated under a variety of mechanisms, including acts, regulations, guidelines, standards and codes. Each province and territory publishes its own regulations which augment the federal ones. |
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Occupational injury |
Any cut, fracture, sprain, or amputation resulting from a workplace accident. |
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Occupational Illness |
Any abnormal condition or disorder caused by exposure to environmental factors associated with employment. |
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4 Categories of Work Hazards |
Chemical Biological Physical Psychosocial |
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Brown lung |
A disease of the lungs caused by excessive inhalation of dust; the disease is in the pneumoconiosis family and often afflicts textile workers |
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Canada's early history of occupational health and safety |
Ontario first pass legislation that established safety standards in the late 19th century (example: mandating guards on machines). Quebec quickly followed suit, and by the early 20th century every jurisdiction in Canada had passed factory laws to regulate heating, lighting, ventilation, hygiene, fire safety, and accident reporting. Factory inspectors were appointed in each province and territory to enforce these standards and to conduct regular inspections of workplaces. |
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The Royal Commission on the Relations of Capital and Labour in Canada |
(1889) The Commissioners: 1. made several recommendations for improving health and safety by establishing standards and mandating regular inspections. 2. Were the first to recommend a system for compensating victims of industrial accidents regardless of who was at fault. 3. Recommended that a labour bureau be created to oversee these activities. |
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1960s and 70s in Canada |
1. Canada Labour (Standards) Code 2. Canada Labour (Safety) Code 3. Royal Commission on the Health and Safety of Workers in Mines |
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Royal Commission on the Health and Safety of Workers in Mines |
Formed by the Ontario government in 1974. Chaired by Dr. James Ham. Was the first to articulate the three principal rights of workers: 1. The right to refuse dangerous work without penalty. 2. The right to participate in identifying and correcting health and safety problems. 3. The right to know about hazards in the workplace. |
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The Three Principal Rights of Workers |
1. The right to refuse dangerous work without penalty. 2. The right to participate in identifying and correcting health and safety problems. 3. The right to know about hazards in the workplace. First established in the Royal Commission on the Health and Safety of Workers in Mines. They are the basis for many of Canada's health and safety programs. |
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Assumption of risk |
The belief that a worker accepted the risks of employment when he or she accepted the job. Doctrine in place until the early 20th century. Employers bore little or no responsibility for work health and safety. Employers were not responsible for providing compensation to injured workers unless the accident was solely the fault of the employer. |
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Accident proneness |
The notion that some individuals are inherently more likely than others to be involved in accidents, as a result of individual characteristics. A focus of research for most of the 20th century. Tied to the belief that most workplace accidents were caused by a small proportion of workers. |
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Due diligence |
An expected standard of conduct that requires employers to take every reasonable precaution to ensure safety. |
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Compensation legislation |
1. To ensure that injured workers received compensation and that employers accepted liability. 2. To prevent accidents and illness by establishing a safe work environments. In 1914, Ontario was the first Province to enact compensation legislation with the passage of the Workmen's Compensation Act. This legislation provided lost-time wages to almost every injured worker, thereby removing the right of workers to sue their employers. |
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Employer responsibilities |
1. Prepare a written OH&S policy and ensure that it is prominently displayed in the workplace. 2. Provide and maintain equipment, materials, and protective devices. 3. Ensure that the manner in which the work is performed is safe and that the environment is free from hazards and serious risks. 4. Monitor their workplace and report minor, critical, disabling, and fatal injuries, as well as occupational illnesses and toxic substances (and to maintain the records of these occurrences for many years). 5. Establish health and safety committees with strong employee representation; alert employees to any known or perceived risks and Hazards in the workplace. 6. Provide employees with health and safety training. 7. Train managers to recognise and control unsafe work environments. |
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Employee responsibilities |
1. Perform their duties and tasks in a safe and responsible manner. 2. Wear protective equipment in compliance with company and legislative regulations. 3. Report defective equipment and other workplace hazards. |
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Internal Responsibility System (IRS) |
The system of shared responsibility for health and safety that is the basis for most Canadian OH&S legislation. This system ensures that each "actor" (employees, employers, supervisors, Etc.) takes personal responsibility for safety. |
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Organized labor responsibilities |
1. Bring emerging problems and issues in health and safety to the attention of government and employers. 2. Pressure other stakeholders to take corrective action. Organized labor and professional associations have also used the collective bargaining process to incorporate health and safety provisions in many contracts. |
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Barriers to implementation |
1. Managers more concerned with production quotas or more apparent costs. 2. Managers are sometimes unable to recognize safety concerns or see them as unavoidable. 3. Safety issues may be addressed in an industrial relations climate that emphasizes conflict between management and a union which makes health and safety issues seem like another bargaining chip. 4. The medical establishment is neither well versed or well trained in all OH&S issues and occupational medicine. |
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Overcoming barriers to implementation |
1. Make the benefits of safety clear to management, particularly in regards to cost savings. 2. Implement training for managers in recognizing and addressing safety concerns. 3. Form alliances among the key stakeholders. 4. Through cooperation, key stakeholders can create the demand necessary to put pressure on the medical community to address pressing workplace health concerns. |
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Joint Health & Safety Committee |
Every organization with 20+ employees must establish a Joint Health & Safety Committee (that includes employers and workers). These committees respond to accidents; monitor the workplace; notify authorities about serious hazards, critical injuries, or deaths; hear complaints; and make recommendations. |
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The three E's |
A traditional approach to occupational health and safety. In the past it emphasized: 1. Developing engineering solutions to ensure safe work environments, equipment, and personal protective devices. 2. Health and safety professionals were tasked with educating supervisors and employees in the use of the equipment. 3. Health and safety programs focused on enforcing existing regulations and practices. Helped keep workplaces safe, but ignored the "people" aspect. |
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Why does this fall under HR? |
1. Effective safety programs depend on developing individual skills and abilities (orientation, training) and on motivating individuals (compensation and awareness programs) 2. Management systems can effect health and safety. 3. Safety concerns have direct implications for outcomes such as stress and turnover. 4. The correlation is not always obvious. Some decisions may affect safety only after the fact, such as employees who fear for their jobs being more likely to cut corners, or people whose work schedules have been overloaded being too tired to work safely. 5. Enforcing legislative compliance is already a part of HR's job in other areas. 6. Held decrease the cost of benefits. |
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Act |
A federal, provincial, or territorial law that constitutes the basic regulatory mechanism for occupational health and safety. Each jurisdiction publishes an act that sets out the basic intent and the general rights and duties of individuals affected by the law. |
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Regulations |
Regulations explain how the general intent of the act will be applied in specific circumstances. Typically developed by the Ministry of Labour officials, regulations have the same force of law as the act. |
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Guidelines and policies |
More specific rules that are not legally enforceable unless referred to in a regulation or act. |
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Standards and codes |
Design-related guides established by agencies such as the Canadian Standards Association (CSA), the American National Standards Institute (ANSI), the International Labour Organisation (ILO), the International Organization for Standardization (ISO), the National Institute for Occupational Safety and Health (NIOSH), or the American Conference of Governmental Industrial Hygienists (ACGIH). OH&S regulations often refer to standards set by these last two agencies. |
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OH&S legislation enforcement in Ontario |
The Occupational Health and Safety Act, as well as the Ministry of Labour have jurisdiction in Ontario. |
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Canadian OH&S legislation includes what elements? |
- An act. - Powers of enforcement. - The right of workers to refuse to do unsafe work. - Protection of workers from reprisals. - Duties and responsibilities assigned to employers and others. Other elements (these ones vary by jurisdiction) include: - Mandatory establishment of joint labour/management health and safety committees. - Health and safety policies. - Accident-prevention programs. - Advisory councils on occupational health and safety. |
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Canadian Standards Association (CSA) |
In 2006, published "CSA Z1000-06: Occupational Health and Safety Management", which provides Canada's first consensus-based approach to occupational health and safety. The purpose of a standard is to provide organizations with a model for implementing a health and safety program. All standards do not have the force of legislation, but they do provide organizations with best practices and may provide the basis for a due-diligence defense in the case of legal action. |
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Employer responsibilities in Ontario |
- Ensuring that equipment is provided and properly maintained. - Appointing a competent supervisor. - Providing information (including confidential information) in a medical emergency. - Informing supervisors and workers of possible hazards. - Posting the OH&S act in the workplace. - Preparing and maintaining a health and safety policy and reviewing it annually - creating a joint health and safety committee if their workplace contains more than 20 employees. - the committee must meet once every three months |
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Prescribed duties |
Under Ontario OH&S legislation, something to be undertaken because of legal or employer requirement, such as a rule or direction. |
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Constructors / primary contractors |
In health and safety legislation, a person or company that oversees the construction of a project and that is ultimately responsible for the health and safety of all workers. |
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Duties of Supervisors |
"Supervisor" is broadly interpreted to refer to a person (with or without a title) who has charge of a workplace and authority over a worker. Their duties include: - Ensuring that workers comply with the OH&S act and regulations. - Ensuring that workers use or wear safety equipment, devices, or clothing. - Advising workers of possible hazards. - Providing written instructions if applicable. - Taking every reasonable precaution to ensure the protection of workers. |
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Duties of workers |
Before the late 1970s, all responsibility for workplace health and safety rested with the employer. Though the employer is still totally responsible for paying for health and safety activities, everyone is responsible for making them work. Worker responsibilities include: - Complying with the OH&S act and regulations. - Properly using the safety equipment and clothes provided. - Reporting hazards, such as defective equipment, to the supervisor. - Recording any contraventions of the act or regulations. |
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Joint health and safety committees |
Joint health and safety committees in the workplace are required by law in nine jurisdictions; the minister responsible has the discretionary power to require the formation of committees in the remaining four jurisdictions. In these committees, equal or better representation is required from workers who do not exercise managerial responsibilities. Primary function is to provide a non-adversarial atmosphere in which labor and management can work together to create a safer and healthier workplace.In these committees, equal or better representation is required from workers who do not exercise managerial responsibilities.Each workplace requiring a committee must train and certify at least one management member and one worker member.Joint health and safety committees grow from the idea of an internal responsibility system.Joint committees can improve health and safety through prevention, education, and training, and by providing an ongoing forum for problem resolution. Each workplace requiring a committee must train and certify at least one management member and one worker member. |
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Limited right of refusal |
In essence, a worker does not have the right to refuse unsafe work if such work is a normal condition of employment or if the worker, by his or her refusal, places another life in jeopardy. In Ontario, police, firefighters, teachers and healthcare workers are among those professionals. For instance, a nurse has the right to refuse to use equipment suspected to be defective until his or her concern has been investigated and resolved. However, a nurse does not have the right to refuse unsafe work if the lives of patients are placed in jeopardy as a result of the refusal. |
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Procedure for reporting refusal to perform unsafe work |
Almost entirely consistent across jurisdictions. Once the worker has appraised the supervisor of the suspected work hazard, an investigation is conducted by the supervisor and a worker representative. The investigation results in either a return-to-work or continued refusal. In the latter situation a ministry inspector / officer conducts an investigation and provides a written decision. In the meantime, a replacement worker may not be assigned the work that has been refused unless he or she has been informed about the circumstances surrounding the refusal. The refusing worker who continues to receive the regular renumeration for the job may be assigned alternative work but not sent home. |
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Act to amend the Ontario occupational health and safety act (1990) |
Among the most significant Provisions are expanded powers for certified members of the JHSC. Allowed them to create stop-work provisions. |
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Stop-work provisions |
2 Forms (bilateral and unilateral). BILATERAL 1. Certified member of the JHSC may, in the course of an inspection or investigation, have reason to believe that a dangerous circumstance exists. 2. The certified member will ask a supervisor to investigate. 3. Following the investigation and possible remedial actions taken by the supervisor, if the certified members find that dangerous circumstances still exist, they may direct the employer to stop work. "Dangerous circumstance" is defined as follows: - A provision of the act or the regulation is being contravened. - The contravention presents a danger or a hazard to a worker. - the danger or hazard is such that any delay in controlling it may seriously endanger a worker. UNILATERAL Applies in the case of an employer who has, in the opinion of a government-appointed adjudicator, taken insufficient steps to protect workers from serious risk to their health and safety. The action will be taken by a certified worker member. Also applies when an employer advises the JHSC, in writing, of a willingness to adopt unilateral power of the certified worker member to stop work in dangerous circumstances (this advisory is required in Ontario). |
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Westray Legislation |
Bill C-45, became law in 2004. Makes company executives more accountable when workers are killed or injured on the job as a result of management negligence. Named after the Westray tragedy: mine explosion killed 26 workers due to corporate negligence. New law could lead to a corporation and its managers being criminally prosecuted for failing to provide an appropriate standard of Occupational health and safety in the workplace if an employee died or was injured as a result of that negligence. Brought the notion of "corporate homicide" to the Canadian Criminal Code. The act makes a company responsible for: - The actions of those who oversee day-to-day operations. - Managers (executive or operational) who intentionally commit or have employees commit crimes to benefit the organization. - Managers who do not take action when they become aware of offences being committed. - The actions of managers who demonstrate a criminal lack of care. |
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3 Basic Rights of all Canadian Workers |
1. The right to know. Workers have a right to be informed about dangerous or unsafe materials and machinery in the workplace. 2. The right to participate. Workers have a right to take part actively in the protection of their own health and safety. This participation generally involves reporting unsafe work practices and conditions. 3. The right to refuse unsafe work. Workers have a right to withhold their services if they are asked to perform a task that they deem to be unsafe or are asked to use equipment that is not in good repair. |
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Principles of WCBs |
Set forth in the Ontario Act of 1914: 1. Collective liability for employers, with some recognition of risk in the amount of contribution paid by individual employers. 2. Compensation for workers regardless of the financial condition of the employer. 3. Compensation based on loss of earnings. 4. A a "no fault" system. 5. A nonadversarial process: little or no recourse to the courts (in Ontario schedule 2 can allow legal recourse). |
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Administration and Responsibilities of the WCBs |
1. The injured worker will receive payment while off work and will have all medical bills paid if the injury happened at work and because of work. 2. The injured worker will receive a pension if the disability is or becomes permanent. 3. The injured worker will receive benefits if he or she cannot earn the same amount of money earned before the incident. 4. The injured worker's immediate family and dependents will be entitled to benefits if the worker is killed or dies as a result of an injury on the job. 5. The Workers' Compensation Boards classify employers to ensure consistency. 6. The Workers' Compensation Boards decide whether an individual is classified as a worker, a subcontractor, or an employer, as each class has different conditions. 7. The Workers' Compensation system can pay benefits if a worker is affected by an industrial disease that has resulted from his or her occupation. |
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Rates and Assessment Methods of WCBs |
2 standards in place to determine the amount of compensation: 1. Base the pay on a percentage of net earnings (generally 90%): in place in 8 jurisdictions. 2. Base the pay on average earnings (75%): in place in 4 jurisdictions.
These both come with a maximum amount that can be compensated. Though there are procedural differences across jurisdictions, Workers' Compensation is based on an individual's past salary record, not on loss of potential future earnings.
Important that the compensation is fair, but not so great that it incentivizes people to stay on disability. If disability does become permanent, rate of compensation may be reassessed. |
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Workers' compensation |
Originated in Germany in 1884 but was not established in Canada until 1914, when the Ontario Workmen's Compensation Act was passed by the provincial parliament. Acts were subsequently passed in all provinces and territories, though they have been amended many times.
It's a form of insurance covered by an act of parliament to help workers who are injured on the job return to work. Workers' compensation will ensure that the injured worker receives: 1. First aid treatment, either on the job or at the nearest local treatment facility 2. Benefits while at home recuperating 3. Proper treatment for any injuries. If necessary, Rehabilitation will be provided to help the worker return to his or her former job or some modified version of it, if circumstances dictate.
A workers compensation system amounts to a trade-off for both workers and employers: 1. Workers know they will be compensated for injury without having to undertake expensive and lengthy lawsuits. In return, they accept the WTB authority to determine the amount of compensation. 2. Employers are obliged to pay for the workers compensation system but are also protected from litigation. The Workers' Compensation system in Canada is based on the concept of dividing employers into three categories: 1. Those who contribute to the incident fund and benefit from its collective liability. 2. Those who are individually liable for their own employees' incidents. (Generally public enterprises, like government, or transportation and communication companies within Crown corporations). 3. Those in certain low-risk industries, who are excluded under various Acts across the country. |
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Collective liability |
Where all employers in a class or other rate group are liable for the costs of any or all accidents and occupational diseases that occur in the operations of those employers. Under collective liability, the various Industries are classified according to their size and end product, and each employer is assessed a rate that is a percentage of its payroll. The percentage is determined by the injury cost of its classification. From the incident fund, payments are made for compensation, Medical Aid, Rehabilitation, incident prevention, and administrative expenses. |
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Rate group |
A method for categorizing companies based on the nature of their business, like Roofing. At least once each year, the WCBs set a premium rate for each industry. The rate is usually expressed per $100 of payroll. Employers involved in multiple industries or with different departments can be put under multiple groups. |
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Exceptions to Collective liability |
Public authorities and certain large corporations such as Railways and shipyards or Telegraph companies have a different liability approach and are individually liable for compensation. However all disputes are settled by the WCB. Such corporations contribute their portion of the cost of administering the various Acts. |
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Presumptive provisions |
Something that can be amended to a WCB Act. It means that the usual requirements for determining whether an injury / illness is work-related is not required in special acknowledged or presume circumstances. A good example would be cancer. |
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OH&S in relation to WCBs |
Most WCBs, at one time, were responsible for the incident prevention aspect of workers compensation (OH&S). In the seventies and eighties the combined role was seen as a conflict of interest by some governments, so they were usually placed under a separate Department. Though they still cooperate heavily. The Ontario board, now called the Workplace Safety and Insurance Board (WSIB), has recently added a prevention function back into its traditional compensation functions. This is becoming a new trend, where WCBs are offering lower rates to companies that have low rates of accidents, and raising rates for companies that have frequent injuries. Most jurisdictions are lowering their rates or holding steady. |
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Net earnings |
Salary after mandatory deductions like income tax, Canadian pension, and employment insurance. |
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Functional impairment |
Functional impairment is a non-economic loss. In several jurisdictions payments can be made for this as well as workers compensation. This figure is based on such factors as the workers age, degree of impairment, and number of dependents. For example, a forty-year-old worker with three children would receive a larger payment than a sixty-year-old worker with no children. |
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Compensation methods |
1. Wage loss benefits. Means that an injured employee receives a percentage of the typical wages, which varies by province. 2. Permanent disability benefits. Paid if they have a permanent disability because of his or her work injury, may receive additional or varying compensation depending on the province. 3. Dependency benefits. If the employee loses their life due to injury on the job, their dependants may be eligible to receive benefits. 4. Rehabilitation. Rehabilitation services and programs are provided to help workers get back to their pre-injury health and to get Injured Workers back to work. |
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Loss of functional capacity |
Limit of ability or dexterity depending on the seriousness of an injury. Workers who, as a result of their injury, are no longer able to perform some of their duties on the job, such as lifting, twisting, or bending, are considered to have suffered loss of functional capacity for which benefits are payable. |
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Safety associations |
Employers within a particular industry may form safety associations and make rules for incident prevention that, on approval by the WCB and lieutenant Governor, are binding on all employers in that industry. WCBs subsidize these associations out of the incident fund. The goal of safety associations is to provide training for incident prevention and health and safety. |
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Social Goals of Workers' Compensation |
1. To provide services intended to prevent injuries or reduce the psychological impact of injuries when they occur. 2. To provide the training and development necessary to prepare an injured worker to return to work. Compensation is an attempt to restore the worker to active participation in the life of the community, not a reward for being injured. Grounded in the following standard provisions in various Acts: 1. Unlimited medical Aid. 2. Artificial prostheses. 3. A fund to encourage re-employment, known as the Second Injury and Enhancement Fund (SIEF) in some jurisdictions. 4. Liberal compensation. 5. Rehabilitation maintenance income. |
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Provision for second injuries |
In some provinces, like Ontario, Provisions may be provided to an employee who receives a second injury. This is to facilitate the Reemployment of disabled workers. Without a provision for multiple injuries, employer's might be tempted to discriminate against workers with disabilities, as additional injuries could be more extreme and more costly. This means that, in the case of a second injury, the excess liability resulting from the cumulative effect of a prior disability will be charged to a disaster Reserve fund. |
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Rehabilitation |
Before the first World War disabled peoples were often cast aside, placed in poor houses or reduced to begging.
Finally the disabled were recognized as being able to contribute to society. However, efforts to integrate them into jobs was often frustrating as they were only given menial jobs that no one else wanted.
The soldiers returning from World War 1 brought home the need for Effective Rehabilitation.
There are now three key types of Rehabilitation: 1. Vocational Rehabilitation. The steps undertaken by WCBs to help Injured Workers return to their place of employment or find similar or suitable work elsewhere. (Placement services, re-training, vocational testing) 2. Physical Rehabilitation. The steps taken to restore, fully or partially, the workers physical function. (Physiotherapy, prostheses) 3. Social Rehabilitation. The psychological and practical services that help workers with severe disabilities cope with daily life. (Assistance with cooking, bathing, cleaning) |
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Latency period |
The time between exposure to a cause and development of a disease. |
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Occupational disease claims |
Occupational disease compensation has been part of workers compensation ever since 6 specific diseases were cited in Ontario's Act of 1914.The The The requirement to isolate the point at which the disease was contracted has given way to a recognition that the disease could be the results of exposure or injury over time. Occupational disease claims are often adjudicated buy a special claims unit and may require additional Expert Medical opinion, as well as exposure and employment histories. The latency period is quite often a major factor in determining the acceptability of the claim. |
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Stress related disabilities |
Divided into three groups: 1. Physical injury or occupational disease leading to a mental disability. Dealt with like regular claims. 2. Mental stress resulting in a physical disability, traumatic occurrence, or series of occurrences. If the occurence is acute (heart attack) it will usually be dealt with like a regular claim. If the occurrence less severe and the result of accumulated stress (an ulcer) it is not likely to be covered. 3. Mental stress resulting in a mental condition. An unusual incident that provokes a mental reaction and results in disability would generally be covered. The courts and human rights tribunals have maintained that psychological/stress-related injuries are to be treated the same as physical claims, so the WCBs are under a lot of scrutiny right now to cover all instances of mental trauma. |
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Calculating Injury Frequency and Severity Rate |
Compensation board's issue injury frequency and severity rates for injuries resulting from incidents in order to determine the assessment for the organization. These indices may also be used by organizations as benchmarks or targets to manage their own health and safety performance. To determine the frequency injury ratio, consider that the term frequency is the number of medical aid injuries relative to the number of hours worked expressed in a ratio of 200,000: Frequency = Number of injuries ÷ Total hours worked x 200,000 Answer expressed as "an injury frequency ratio of # per 200,000." Property damage incidents aren't included. To determine the severity of work related injuries, you consider the ratio of the number of days lost to injury to a factor of 200,000: Severity = Number of days lost to injuries ÷ Total hours worked x 200,000 Answer expressed as "the injury severity for this company is #, or a ratio of #:200,000". |
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Experience rating |
Generally, If an employer has an experience rating of a three-year average injury cost lower than that of the entire group, that employer will receive a rebate on the annual assessment. Conversely, employers who have an average injury cost higher than the group will receive demerit charges on top of the regular assessments. The purpose of an experience rating is to reward employers for helping their employees stay safe and return to work sooner, and incentivizing employers for investing in safer workplaces. Some examples of experience ratings are: 1. New Experimental Experience Rating Program (NEER). Applies to those outside construction rate groups. 2. CAD-7. Applies to those inside construction rate groups. 3. Merit Adjusted Premium (MAP) Plan for Small Business. Applies to small businesses (those paying between $1k and $25k in annual WCB premiums). |
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Reporting requirements |
In most jurisdictions, employers are required to report all workplace injuries to the Workers Compensation Board within a certain amount of time. Each board also provides a form for employer reporting. The employer report is designed to collect information on: 1. The nature of the employment relationship. 2. The employees salary and hours of work. 3. The nature of the incident and injury. 4. The extent of time loss and medical treatment. These elements will then enter into the determination of whether the employee is eligible for compensation and, if so, the amount and duration of this compensation. Employees are also required to report to the WCB if they want to open a claim for compensation. Employees often do not want to complete an incident report if they do not plan to open a claim. Though not a requirement, it is a good idea to encourage employees to file a report. It will make subsequent claims much easier to process. |
