Health and Safety INSPECTIONS INVESTIGATIONS JOINT HEALTH AND SAFETY COMMITTEES

Transcription

1 Health and Safety INSPECTIONS INVESTIGATIONS JOINT HEALTH AND SAFETY COMMITTEES

2 IRS: Internal Response System Internal Response System Employer Responsibility Worker Participation Government Enforcement

3 Part 1 Inspection & Reporting The OECTA Health and Safety Representative Inspector is an important Unit/member contact. Inspectors, often OECTA members, tour the schools, speaking to workers on a monthly basis. Ongoing communication between the Health and Safety Representative and the Administration and the Unit is crucial.

4 Role of Workplace Representation/Inspections Identify hazards in the workplace through inspections and recommend control measures to the school administration Monitor effectiveness of existing controls and employer Health and Safety programs Represent workers by taking an active role with Investigations including accidents, critical injuries & fatalities, work refusals Communicate with the school administration(s), the JHSC and the local OECTA Unit regarding health and safety issues

5 OHSA and Inspections What the ACT says about Inspections? Worker members (the Unit) of the JHSC designates a worker (often an OECTA member) to inspect s. 8(5); 9(8); 10(3) Inspector should be trained and certified if possible O.Reg 297/13; s. 9(14) (15)(16)(23)(24) Inspections are to occur once a month according to JHSC schedule s. 8(6); 9(26) If not practical once a year with part done each month s. 8(7) Employer must provide work time and compensation for inspector s.9(34)(35) School Boards, school administration and workers must provide information and assistance to inspector s. 8(9) No one is to interfere or hinder the inspector s. 62(1)

6 Sequential Steps of an Inspection Prepare Conduct Follow Up and Monitor Write

7 Preparing for an Inspection Who will participate in the inspection individual/group/administration Organize inspection Date, time allocated, inspection route, key access Resources available Instruments, checklists, block diagrams, MSDSs available Applicable inventories, regulations, and standards at hand Review previous accidents/injury reports, concern reports, inspection reports, JHSC minutes, reports and studies as well as MOL inspection reports/orders

8 CONDUCTING AN INSPECTION 1 A hazard is anything with potential to endanger health, safety or well being of workers. Use the 6 hazard categories to direct the inspection. Chemical Physical noise, radiation, temperature Biological blood, mould, infectious diseases Ergonomic postures, lifting etc. Psychosocial pace of work, long hours General Safety electrical, guarding Where does Workplace violence fit in?

9 CONDUCTING AN INSPECTION 2 Be methodical, thorough and speak with workers & admin. Follow a regular sequence to fully observe the space Check entrances, exits, walk areas, workstations, ventilation, lighting, signs, emergency equipment etc. using checklists Describe and locate each hazard, do not rely solely on your senses (use instrumentation where necessary). Request professional measuring if necessary Take detailed notes using an inspection reporting form and use an inspection database if possible

10 Inspection Reporting 1 Prepare report as soon as possible following the inspection or as inspection is conducted immediate hazards need personal discussion Inspection report form should include: Location, hazard priority, hazard code, details of hazard and recommendations for addressing hazard. Pictures also help. Response area for administrative action to address the hazard

11 ITEM ROOM/ STATUS HAZARD CODE U INSPECTION DESIGNATION REPORTING N 2 S NUMBER U B2 exhaust systems The hazardous chemical storage cabinets share the same ventilation stack. Flammables vent stack is made of inappropriate material (ABS plastic). There must be separate ventilation stacks provided for each of these cabinets in order to avoid chemical reactions from occurring. A F CORRECTIVE ACTION FOR PRINCIPAL/ SUPERVISOR USE W.O. DETAILS DATE COMPLETED

12 INSPECTION REPORTING 3 Guidelines for recommendations Identify and control the hazard at the source wherever possible Correct the cause whenever possible not just the symptoms Report conditions beyond your control Inform management of potential consequences Recommend corrective measures

13 MONITORING & FOLLOW UP DESIGNATED WORKER MUST REPORT AN IDENTIFIED ACTUAL/POTENTIAL HAZARD TO JHSC HS COMMITTEE MUST REVIEW THE REPORT WITHIN A REASONABLE TIME HS COMMITTEE RECOMMENDATIONS MAY FOLLOW

14 INSPECTION Issues resources for Inspections Inspecting for workplace violence risk assessments Inspect the workplace, where workplace means any, land, premises, location or thing at, upon, in or near which a worker works; this may include boiler rooms, hydro vaults, ventilations systems etc. Use checklists but do not allow them to limit what to inspect A Risk Assessment Tool is a checklist that can be used to assist in identifying hazards relating to workplace violence Record inspections in database/spreadsheet format drop down menus can save time and improve quality of reporting Use an Electronic Inspection Database if possible

15 Resources Canadian Centre for Occupational Health and Safety Health and Safety Ontario Education Safety Association of Ontario International R&D (US) Safety Committee Laboratory Safety Inspection Checklist D10B6AC1B36D82D5/OSHAChecklist.pdf Workers Health and Safety Center Workplace Assessment Guide

16 INSPECTION ISSUES RESOURCES FOR INSPECTIONS Other recommendations for inspections: Consider scanning and paper/electronic reports as appropriate to JHSC Worker Co- Chairs, Unit office, Health and Safety Department, Board Maintenance etc.

17 Part 2 Investigating and Reporting The OECTA Health and Safety Representative/Investigator may exercise duties in the following situations An accident has occurred where there is injury or death Ministry of Labour is at the site investigating - testing Workplace conditions are making people ill Health & Safety issues have escalated to the point of work refusal

18 Purpose of Investigations Determine Cause (not blame) Prevention Achieve Safer Working Conditions

19 Who investigates? (OHSA) The OHSA mandates that a designate of the JHSC investigate. Teacher investigations typically involve OECTA investigators. Notice of accident, inspection by representative S. 8(14) Where a person is killed or critically injured at a workplace from any cause, the health and safety representative may, subject to subsection 51(2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings in writing to a Director.

20 Who investigates? (OHSA) Inspections S. 9 (31) The members of a committee who represent workers shall designate one or more such members to investigate cases where a worker is killed or critically injured at a workplace from any cause and one of those members may, subject to subsection 51 (2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings to a Director and to the committee.

21 Who investigates? (OHSA) 51 - Preservation of wreckage (2) Where a person is killed or is critically injured at a workplace, no person shall, except for the purpose of, saving life or relieving human suffering; maintaining an essential public utility service or a public transportation system; or preventing unnecessary damage to equipment or other property, interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by an inspector. R.S.O. 1990, c. O.1, s. 51 (2).

22 General Investigation Guide Immediately following an incident, accident or injury: Ensure emergency medical attention Apply controls to the accident scene Use Board established emergency procedures Erect barriers to limit access to any remaining hazard(s) and preserve scene Shut off machinery, utilities

23 Investigation Planning The plan is guided by the W5 + H Approach Who? Injured, witnesses, other workers, supervisors etc. What? Detail sequence of events, equipment, materials, chemicals, processes Where? Describe scene with pictures, video, drawings etc. When? Correlate occurrence with other relevant events How? Describe the events from a preliminary standpoint Why? Most difficult stage as the focus is on causes, direct and indirect, with the intent on prevention and improving the health and safety of working conditions

24 Investigation Components Who? Witnesses & Interviews What, Where, When? Physical Evidence & Information How and Why? Analysis & Reporting Recommendations & Follow up

25 WHO WITNESSES & INTERVIEWS 1 The injured, workers, supervisors who were present at the time of the accident Workers may be reluctant to speak freely, be patient H & S investigations are different than other professional (teaching)scenarios, not judging teaching performance

26 WHO WITNESSES & INTERVIEWS 2 Purpose is to gather information not attribute blame Conduct interviews as soon as possible following accident in a comfortable location Use W5 + H questions to guide response Be sensitive and respectful Let witness talk for themselves and ask for clarification if necessary Respect any request for anonymity Keep detailed notes

27 WHAT, WHERE, WHEN INFO. COLLECTION 1 Record: Position of injured workers Equipment/materials being used Safety devices in use Housekeeping of area Weather conditions Noise and lighting levels Position of other staff or students at time of injury

28 WHAT, WHERE, WHEN INFO. COLLECTION 2 Gather Investigation Information: Personal inspection notes, drawings, photos etc. Interview notes from witnesses present at accident Interview notes from other workers with important information Workplace Information/Reports Previous accidents, workplace inspections, maintenance, engineering reports, machine specifications, floor plans etc. Reports about similar accidents in other workplaces in the education environment Manufacturer or Supplier information regarding accident News reports about your accident or similar accidents

29 HOW & WHY: FINDING CAUSE 1 Gather all physical evidence and information for analysis. Remember that an accident usually results from an interaction among many conditions and events. Consider 5 Potential Cause Categories 1.Task Cause Were safe procedures followed and safety devices working and used properly? Were appropriate tools and materials made available? 2.Material/Equipment Cause What caused equipment failure? Was there poor design? Was it hazardous substances? Were less hazardous alternative substances available? Should personal protective equipment have been used?

30 HOW & WHY: FINDING CAUSE 2 Environment Were weather conditions an issue? Was it too hot or too cold? Was poor housekeeping an issue? Was there too much noise or not enough light? Any toxic gases, dusts or fumes present? Training and Work Organization Were workers experienced in their work and had they been adequately trained? Were workers made aware of hazards? Were workers physically capable? Management Were safety rules in effect and being enforced? Was supervision adequate? Had hazards previously been identified and addressed or corrected?

31 HOW & WHY: FINDING CAUSE 3 Deficiency List: Organizational Deficiency Inadequate planning, supervision, training or work practices Material Failure Physical breakdown or chemical deterioration of parts, structures or components Design Deficiency Can design contribute to failure under predictable circumstances Human Failure Physical, physiological and psychological limitations (illness or other impairments A human can fail to perform an act but it may not be possible to determine why the failure occurred Natural Phenomena Act of nature considering whether normal precautions were put in place against these contingencies

32 HOW & WHY: REPORTING 1 Report your investigation to the Joint Committee, management or the MOL in a format similar to the sample provided. The report should be structured as follows.

33 HOW & WHY: REPORTING 2 Introduction & Purpose Body Names of Persons Interviewed or Contacted Details of the Incident Details Relevant to the Incident Observations & Interpretations Findings Recommendations Supporting Documentation

34 HOW & WHY: RECOMMENDATIONS & FOLLOW UP Make Recommendations Prevent this from happening again Tie each recommendation directly to the identified causes For each cause, direct or indirect, outline a control that would minimize or eliminate the problem Follow Up Have the accident report on the agenda for the JHSC meeting. Be sure responsible parties are assigned and check regularly for progress. Report findings to those workers directly involved with the accident and the investigation so they can be a part of the resolution phase

35 INVESTIGATION ISSUES 1 MOL Onsite Notification of injuries, illness, death etc. Critical Injuries not being identified Availability of certified worker member for investigations Provision/disclosure of information Learning from investigations to prevent recurrence vs placing blame

36 INVESTIGATION ISSUES 2 Prevalence of Blame the Worker attitude Accident scene not being preserved. Specific Investigations Critical Injury/Death, Work Refusal, workplace illness

37 Specific Investigations Critical Injury/Death Occupational Health and Safety Act, REGULATION 834 CRITICAL INJURY DEFINED 1. For the purposes of the Act and the Regulations, critically injured means an injury of a serious nature that, places life in jeopardy, produces unconsciousness, results in substantial loss of blood, involves the fracture of a leg or arm but not a finger or toe, involves the amputation of a leg, arm, hand or foot but not a finger or toe, consists of burns to a major portion of the body, or causes the loss of sight in an eye. R.R.O. 1990, Reg. 834, s. 1.

38 Joint Health and Safety Committees - MODELS Site Based Committee(s) Site inspectors/investigators Multi Site Committee(s) Site inspectors/investigators Released full time inspectors/investigators MOL Document: MULTI WORKPLACE JOINT HEALTH AND SAFETY COMMITTEE GUIDANCE Terms of Reference

39 JHSC FUNCTIONS OHSA Identifies hazards [9(18)(a)] Makes recommendations to improve the health and safety of workers [9(18)(b)] Powers of co chairs. Either co chair of the committee has the power to make written recommendations to the constructor or employer, however only after they have attempted to arrive at consensus Recommends the establishment, maintenance, monitoring of programs, measurements, procedures [9(18)(c)]

40 Powers of the JHSC Hazard identification (Inspections) Hazard assessment (Inspections/Investigations) Hazard controls (Inspections/Investigations) Recommend program creation, maintenance & review The Joint Committee acts and makes recommendations with regard to the complete health and safety program.

41 PROGRAM AND POLICY REVIEW 1 Workplace Violence and Harassment Definition Act (physical harm), Attempted Act, Threatened Act Special Needs Students Risk Assessments vs safety plans Reporting of violence Separate/combined form, electronic form, Reporting of Risk Assessments Provision of information regarding person with history of violence Training on Violence Program OHSA violence vs safe schools (Education Act)

42 VIOLENCE IN THE WORKPLACE SAFE SCHOOLS Bill 157 Bill 13 Keeping Our Kids Safe at Schools Act 2010 Accepting Schools Act Bill 168 Occupational Health and Safety Act Violence in the Workplace

43 SAFE SCHOOLS BILL 157/Bill 13: REQUIREMENTS EMPLOYEES, PRINCIPALS AND VICE-PRINCIPALS SECTION Requires all board employees to report to the principal if they become aware that a student may have engaged in an activity for which the student must be considered for suspension or expulsion.

44 SAFE SCHOOLS BILL 13 ACCEPTING SCHOOLS ACT September 2012 Principals duty to investigate any incident reported under Section Section of the Act is amended to require principals to investigate reported incidents of specified activities. The section also requires principals to communicate the results of an investigation to the teacher who reported it or, if reported by another employee, to that employee unless it would not be appropriate to do so.the principal shall not disclose more personal information than is reasonably necessary for the purpose of communicating the results of the investigation.

45 SAFE SCHOOLS Activities Leading to Possible Suspension s.306 (1) Activities leading to possible suspension must be reported to the principal: Uttering a threat to inflict serious bodily harm on another person. Possessing alcohol or illegal drugs. Being under the influence of alcohol. Swearing at a teacher or at another person in a position of authority. Committing an act of vandalism that causes extensive damage to school property at the pupil s school or to property located on the premises of the pupil s school. Bullying. Any other activity that is an activity for which a principal may suspend a pupil under a policy of the board. These activities include incidents that occur while at school, at a school-related activity or in circumstances where the activity will have a negative impact on the school climate.

46 SAFE SCHOOLS Activities Leading to Suspension Pending Possible Expulsion s. 310 (1) Activities leading to suspension pending possible expulsion must be reported to the principal: Possessing a weapon, including possessing a firearm. Using a weapon to cause or to threaten bodily harm to another person. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner. Committing sexual assault. Trafficking in weapons or in illegal drugs. Committing robbery. Giving alcohol to a minor. Bullying, if previously suspended for bullying AND continuing presence creates an unacceptable risk to the safety of another person. Any activity from s.306(1) motivated by bias, prejudice or hate based on race,national/ethnic origin, language, colour, religion, sex, age, disability, sexual orientation, gender identity/expression or any other similar factor. Any other activity that, under a policy of a board, is an activity for which a principal must suspend a pupil and conduct an investigation to determine whether to recommend to the board that the pupil be expelled. These activities include incidents that occur while at school, at a school-related activity or in circumstances where the activity will have a negative impact on the school climate.

47 SAFE SCHOOLS BILL 13 ACCEPTING SCHOOLS ACT February 2012 Changes to Section 310(1) of the Education Act (Section 310(1) sets out the circumstances in which a pupil must be suspended and considered for possible expulsion) which now includes certain circumstances related to bullying and to activities that are motivated by bias, prejudice or hate.

48 SAFE SCHOOLS Boards are expected to: outline for board employees how to complete the Safe Schools Incident Reporting Form in a timely manner outline a process for employees to obtain acknowledgement of receipt of their report from the principal using the Ministry Safe Schools Incident Reporting Form Part II ensure that a report number is assigned to each report

49 SAFE SCHOOLS REPORTING TO THE PRINCIPAL ONTARIO STUDENT RECORD (OSR) * If a principal decides that action is required as a result of an incident: a copy of the form with documentation indicating the action taken will be filed in the appropriate student s Ontario Student Record (OSR). the names of all the other students appearing on the form (aggressors and victims) must be removed except the name of the student in whose OSR the form is going.

50 SAFE SCHOOLS Respond Report Respond Report Respond Report Respond Report Respond Report Respond Report Respond Report Respond

51 VIOLENCE IN THE WORKPLACE Bill 168 Violence in the Workplace (OHSA) Obligations Require employers to address harassment - focus is policy, program, information and instruction Extend work refusal section to include violence as a potential ground for refusing unsafe work Does not change the Human Rights Code or Criminal Code

52 VIOLENCE IN THE WORKPLACE Bill 168 Violence in the Workplace (OHSA) Establish standards regarding an employer s duties to address workplace violence and harassment Require employers to address workplace violence: policy, program, assessment of risks, information and instruction, including information disclosure. Require employers to address domestic violence when it enters the workplace.

53 VIOLENCE IN THE WORKPLACE Bill 168 Violence in the Workplace (OHSA) Definitions "workplace harassment" means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome "workplace violence" means, (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,

54 VIOLENCE IN THE WORKPLACE (b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, (c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

55 What is NOT Workplace Harassment Reasonable action or conduct by an employer, manager or supervisor that is part of his or her normal function would not normally be considered workplace harassment. This is the case even if there are sometimes unpleasant consequences for a worker e.g. change in work assignments, scheduling, job assessment and evaluation etc. Differences of opinion or minor disagreements bewteen coworkers would also not generally be considered workplace harassment. Any behaviour that would meet the definition of workplace violence would not be considered to be workplace harassment.

56 VIOLENCE IN THE WORKPLACE Amendments are broad enough to capture workplace violence and harassment from any person (strangers, customers, clients, patients, co- workers domestic/intimate partners).

57 VIOLENCE IN THE WORKPLACE Workers should know how to report incidents of workplace harassment to the employer or supervisor; and know how the employer will investigate and deal with incidents or complaints of workplace harassment.

58 VIOLENCE IN THE WORKPLACE Employers must prepare policy to deal with workplace violence and harassment Employer must prepare a program to implement the policy Employer to assess the risk of workplace violence and to report the results of the assessment to the Joint Committee Employer must provide instruction on the contents of the workplace harassment policy and program

59 VIOLENCE IN THE WORKPLACE Employers must prepare and review a policy on workplace harassment at least annually, as required by the Occupational Health and Safety Act [Section (b) and (c)]. If an employer has an existing anti-harassment or antidiscrimination policy, the policy may need to be modified in order to meet the requirements of the Occupational Health and Safety Act. This is because the act s definition of workplace harassment goes beyond the prohibited grounds in the code.

60 VIOLENCE IN THE WORKPLACE Workers should: know how to summon immediate assistance; know how to report incidents of workplace violence to the employer or supervisor; know how the employer will investigate and deal with incidents, threats or complaints; know, understand and be able to carry out the measures and procedures that are in place to protect them from workplace violence; and be able to carry out any other procedures that are part of the program. Supervisors may need additional information or instruction, especially if they are going to follow up on reported incidents or complaints of workplace violence.

61 VIOLENCE IN THE WORKPLACE Provision of Information and Limitations of Disclosure (3) An employer's duty to provide information to a worker under clause 25 (2) (a) and a supervisor's duty to advise a worker under clause 27 (2)(a) include the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if: (a)the worker can be expected to encounter that person in the course of his or her work; and (b)the risk of workplace violence is likely to expose the worker to physical injury There is a limit on this disclosure - no more information shall be disclosed than is necessary to protect the worker from physical injury (s (4))