Due Diligence and Worker Training David Marchione, B.A., CHSC, CRSP OHS Consultant/Paralegal October 19, 2016
Agenda Legal requirements for OHS Training Minimum training requirements Best practices for OHS training Training documentation
Occupational Health & Safety Law Canadian OHS legislation based on the Internal Responsibility System Shared responsibility for health & safety in the workplace Overlapping responsibility for health & safety Shared among all workplace parties Employers Supervisors Workers
Occupational Health and Safety Law The Internal Responsibility System also promotes: Participation of workers in the protection of their own health and safety, Right to participate Provision of health and safety information to workers for their protection, and Right to know An internal resolution process for health and safety issues and problems that arise at the work site Right to refuse unsafe work
Occupational Health & Safety Law Primary responsibility for OHS training falls on Employers Prime Contractors/Constructors Supervisors General duties to protect worker health and safety Specific duties to provide information and instruction
Occupational Health & Safety Law Employers/Prime Contractors/Constructors Responsible for compliance with OHS laws Identify hazards with the work and workplace Develop OHS policies and programs Provide information and instruction to workers General and specific training
7 Due Diligence Legal defence to OHS charges An effective occupational health and safety management system
Due Diligence Concepts Ensuring reasonable care was exercised regarding worker health and safety Proving there was no negligence with respect to circumstances that caused accident Not ignoring workers concerns about health and safety Due diligence requires a standard of reasonableness NOT of perfection 8
Minimum Training Requirements Minimum training requirements may vary by province BC has specific requirements for new and young worker training ON has mandatory minimum OHS awareness training General training requirements vs. specific training requirements
Minimum Training Requirements Training to be provided (example): Supervisor s name and contact information OHS rights and responsibilities including duty to report unsafe conditions and right to refuse unsafe work Workplace health and safety rules Workplace hazards and control measures Workplace violence Working alone or in isolation Personal protective equipment
Minimum Training Requirements Training to be provided (cont d): Location of first aid facilities How to report injuries/illnesses Emergency procedures Employer s health and safety program WHMIS Contact information for health and safety committee (BC, OHS Regulation)
Workplace Specific Training In addition to general training information: Workplace specific hazard training Task specific training Job specific training Information to be provided for the protection of worker health and safety
Legal Liability Failure to ensure workers receive general and/or specific training may result in legal liability Administrative Monetary Penalties Provincial offences
Best Practices for Health & Safety Training
Communication Best Practices Health and Safety Communication - Who: Workers to be advised of the existence of any potential or actual danger to the health or safety of the worker Fulfills the worker s right to know
Communication Best Practices Health and Safety Communication - What: Hazards, precautionary measures and controls Health and safety legislation (rights and responsibilities) Codes of practice, standards Employer s health and safety policies and procedures Who to report hazards to and how to report any concerns Right to refuse unsafe work
Communication Best Practices Health and Safety Communication - When: Prior to commencing work Regularly as reminders Prior to high risk activities Changes to activities, processes, & equipment Changes to legislation or employer s health and safety policies and procedures
Communication Best Practices Health and Safety Communication - How: May be provided as part of: Employer s health and safety training - orientation or continuous improvement (classroom setting) Meetings Lunch box, tool box, tailgate safety talks Coaching (e.g. one-on-one or small groups)
Communication Best Practices Health and Safety Communication - How: Ensure workers understand information and instructions provided (e.g. provide test, ask questions, observe worker perform task) Verify understanding after instructions and at regular intervals (e.g. monthly, quarterly, semiannually, or annually)
Communication Best Practices Health and Safety Communication: Be able to demonstrate training is: Appropriate Documented Understood Current
Communication Best Practices When hiring contractors: Review their health and safety program materials Review training documents Do they provide orientation training? Do they provide ongoing training? What project/site specific training do you provide? When is that training provided? Is the training documented? How do you confirm that training was understood? Ongoing supervision?
Training Documentation
Training Documentation Employer should maintain copies of: Orientation records Training matrix Training attendance records Classroom training Informal training (toolbox talks, etc.) Tests/examinations Training materials
Due Diligence Recap Due diligence requires taking every precaution reasonable in the circumstances for the protection of worker health & safety Are workers aware of actual/potential hazards? When is training provided? Is the training appropriate/current/documented? How do you ensure/confirm understanding? What steps do you take if you find workers not complying with OHS policies/procedures/programs?
QUESTIONS?
How Can Faskens Help? Training. Consulting. Legal. Contact Name 1-800-268-8424 Email Norm Keith, B.A. J.D., LL.M., CRSP Partner Deanah Shelly, B.A., J.D. Associate Cathy Chandler, B.A.Sc., CRSP, CHSC OHS Consultant/Paralegal Carla Oliver, B.A., MIBM, CRSP OHS Consultant David Marchione, B.A., CHSC, CRSP OHS Consultant/Paralegal ext. 47824 ext. 47810 ext. 47812 ext. 47822 ext. 43463 nkeith@fasken.com dshelly@fasken.com cchandler@fasken.com coliver@fasken.com dmarchione@fasken.com Or visit our website at www.fasken.com