CANADA LABOUR CODE PART II
CANADA OCCUPATIONAL HEALTH &
An overview of our program
Focus on Enforcement & Compliance
Powers of the Inspector
Newest legislation (2)
Clients fall under either Federal or
Either way the Federal and Provincial
authorities work together to determine
jurisdiction where it becomes an issue.
Enforcement of Workplace Law
Ministry of Labour
Federal - Labour Program
Part ll C.L.C.- Core Business
“To prevent accidents and injury to
health arising out of, linked with, or
occurring in the course of employment”
Purpose of CLC Part II
“preventative measures should consist 1st
of the elimination of hazards, then the
reduction of hazards and finally the
provision of ppe, clothing, devices or
materials all with the goal of ensuring the
health and safety of employees”
ILO says 2 million workers across the
world will die from work related causes
On average 5 Canadians die each day on
Odds that a 20 yr old worker will die
before reaching retirement is 16 in 100
Nearly 25% of all work related deaths
involve fatal highway accidents
“One out of every three workers in their
life time will sustain a time loss injury of
varying degrees from a minor incident to
the worst case……..a fatality.”
ONE: no injury
TWO: near miss
How We Do That ?
Laws (Act) Publications
Regulations Web Site:
Our strategy is to target high-risk
workplaces and poor performers and
Fatal or critical injury to workers.
Conscious or gross disregard of the Act or its
regulations by employers, constructors, supervisors
Persons endangering their own health or
safety and the health or safety of others.
Failure to comply with an Inspectors
orders/directions or where orders are issued for
similar infractions to the same contravention.
Obstruction of an Inspector when carrying out duties
or powers under the Act or regulations.
Program specific targeting that will focus on
offences committed where there is a high risk of
causing either critical or fatal injury to workers.
Employers with a poor history of compliance.
Employers with a poor history of self-reliance.
Employers with high risk activities.
Employers with high frequency / severity rates.
Employers never visited or not visited in
Employers with a poor Employment
Role of the Inspector
Investigate events – resulting in death or injury
to a worker.
Investigate complaints - concerns that are
registered with the Federal Labour/Ministry
regarding health and safety issues.
Investigate work refusals – a worker refusing to
work because he/she has reason to believe any
equipment, machine device or thing the worker is
to use or operate or the physical condition of the
workplace is likely to endanger himself/herself or
another worker. 15
Inspectors Powers and Authority
Unrestricted access to workplace
Access to workers and persons.
Seize items materials
Notebook/clip board Doctors
Tape measure (100’-33m) Hygienists
Technical Instruments Ergonomists
Site control tape Safety Professionals
Flashlight (waterproof) Lab 1070 Haz. Occ. Invest.
Pens/pencils Emergency phone #’s
Evidence containers Legislation
Your own p.p.e. Business cards
COHS Regulation 19: Hazard Prevention
In effect since November 2005
“Hazard prevention program for every
work activity carried out by an employer in
a workplace that is controlled by the
COSH regulation 20: Violence Prevention
In effect 8 May 2008
“Violence Prevention in the workplace.
The employer shall develop a workplace
violence prevention policy”
JHA (JOB HAZARD ANALYSIS)
SWP (SAFE WORK PROCEDURES)
HOUSKEEPING (YARD, SHOP AND TRUCK)
SLIPS TRIPS AND FALLS
PPE (PERSONAL PROTECTIVE EQUIPMENT)
LOCKOUT /TAG OUT
MAINTENANCE OF MACHINERY
LABOUR LEGISLATION IS THE MINIMUM
AN EFFECTIVE H & S COMMITTEE ENHANCES
COMMUNICATION, AND THE OVERALL WELL
BEING IN ANY ORGANIZATION.
IRS WORKS ONLY IF THE “BUY IN” IS
INCLUSIVE TO ALL.
15% of the work force is federally reg.
The remainder is either Prov regulated, self
employed businesses, or by contract.
Banks, trucking, feed & seed, grain indust.
First nations, tv radio, communications
Long-shoring, borders, seaway, airlines
Railways, shipping, airports, canals, post office
457 Richmond St., 5th floor
London Ontario N6A 3E3
24 hrs office phone line: 1-800-641-4049