Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act...

22
Canadian Chemical Engineering Conference 2008 October 21 st , 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis, P.Eng., M.Eng., MBA Director – Special Projects Ontario Ministry of Labour [email protected]

Transcript of Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act...

Page 1: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Canadian Chemical Engineering Conference 2008

October 21st, 2008

The Fundamentals of the OH&S Act and ManagingOccupational Health and Safety

Vic Pakalnis, P.Eng., M.Eng., MBADirector – Special Projects Ontario Ministry of Labour

[email protected]

Page 2: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 2

Managing Occupational Health & Safety

• Introductions

• Expectations

• Health and Safety in Canada

Page 3: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 3

Top 10 Reasons Why You Need To Know How To Manage Occupational

Health And Safety1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Page 4: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 4

Top 10 Reasons Why You Need To Know How To Manage Occupational

Health And Safety 1. Because it’s the law!

2. What you don’t know can hurt you and it can kill you!

3. Because it makes good business sense

4. Because you want to know your rights and responsibilities

5. Because it’s part of your job and you want to keep it

6. To avoid lawsuits

7. Because it’s connected to everything human resources – recruitment/retention/internal responsibility/productivity/employee engagement

8. To protect your company’s reputation

9. To avoid industrial relations disputes/grievances

10. Moral obligations

Page 5: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 5

Occupational Health & Safety in Canada Overview

Federal• Inter-provincial trucking• Railways• Airports and airlines• Banks• Radio and television• Telecommunications• Federal public service (10% of all workplaces)

Provincial/Territorial• Construction• Industrial• Mining• All sectors not in

federal

(90% of all workplaces)

14 jurisdictions - 10 provinces- 3 territories- 1 federal

Page 6: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 6

Source: 2007 Human Resources and Social Development Canada report(Historical Summary of Occupational Accidents & Their Costs in Canada 1996-2005)

CanadaCanada•1100 work-related fatalities• 1million workplace injuries•$6.7 billion in direct costs•$40 billion estimated total costs (direct & indirect)

OntarioOntario 230 work-related fatalities• 355,000 workplace injuries•$2.9 billion in direct costs•$17 billion estimated total costs • (direct & indirect)

Page 7: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 7

VOLATILE LABOUR SCENE

HIGH MEDIA ATTENTION

HEALTH & SAFETY USED AS BARGAINING TOOL IN INDUSTRIAL

RELATIONS DISPUTES

STRONG LABOUR UNIONS: CAW, USWA, OPSEU, CUPE

MANY SMALL, UNSOPHISTICATED EMPLOYERS (70% UNORGANIZED)

INADEQUATE TRAINING IN MANY INDUSTRIES

ACCIDENT RATES DECREASING

FATALITY RATES DECREASING

DISABLING INJURIES

96% ARE SAFETY RELATED

4% ARE HEALTH RELATED

HEALTH ISSUES - HIGH PROFILE, LONG TERM, MORE DIFFICULT TO

RESOLVE

EFFECT OF FREE TRADE AND ECONOMIC REALIGNMENT

Environmental Scan

Page 8: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 8

Forestry _______________Health Care _______________Aerospace _______________Police/Fire/Security _______________Steel _______________Public Institutions _______________Automotive _______________Education _______________Utilities _______________Service/Retail _______________Manufacturing _______________Petro-chemical _______________Construction _______________Mining _______________

Page 9: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 9

Ontario Lost Time Injuries By Sector 2005*

00.5

11.5

22.5

33.5

4

* Source: Worker Safety & Insurance Board as of October 31, 2006

Page 10: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 10

Fatalities per 100,000 workers per year & Employment – 1976 to 2005

2.4

2.6

2.5 2.

6

2.2

1.9 2.

0

1.8

2.0

1.7

1.7

1.9

1.9

1.7 1.

8

1.2

1.4

0.9

0.8

1.0

1.3

1.0 1.

1

1.1 1.

2

1.2

1.0

1.2

0.8

0.71

0.0

0.5

1.0

1.5

2.0

2.5

3.019

76

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

Fat

aliti

es p

er 1

00,0

00 w

orke

s pe

r ye

ar

3,000

3,500

4,000

4,500

5,000

5,500

6,000

6,500

7,000

Wor

kers

(th

ousa

nds)

Fatalities per 100,000 workers per year Workers (thousands) Linear (Fatalities per 100,000 workers per year)

Page 11: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 11

Results: 14,649 fewer LTI over the past two years than there otherwise would have been.Ontario businesses avoiding over $960 million in costs associated with workplace injuries

0.0

0.5

1.0

1.5

2.0

2.5

3.0

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Year

LT

I's /1

00 w

ork

ers

/ yea

r

3.2

3.4

3.6

3.8

4.0

4.2

4.4

4.6

Insu

red

wo

rker

s (m

illio

ns)

LTI rate

Targets

Insured workers

Achieved 2006 target

ONTARIO LOST TIME INJURIES

Page 12: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 12

Internal Responsibility System

THE INTERNAL RESPONSIBILITY SYSTEM

OUTLINED IN THE OHS ACT ESTABLISHES

CLEAR ROLES AND ACCOUNTABILITY FOR

WORKPLACE PARTIES WITH DIRECT AND

CONTRIBUTORY RESPONSIBILITY FOR

HEALTH AND SAFETY.

Page 13: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 13

CONTRIBUTORYRESPONSIBILITY

INTERNAL

DIRECTRESPONSIBILITY

CONTRIBUTORYRESPONSIBILITY

EXTERNAL

JOINT HEALTH &SAFETY COMMITTEES

SAFETYDEPARTMENTS

ENGINEERINGDEPARTMENTS

PURCHASINGDEPARTMENTS WORKER

SUPERVISOR

MANAGER

PRESIDENT UNIONS

SAFETYASSOCIATIONS

SUPPLIERS

WSIB

Ministry of Labour

Internal Responsibility System (cont’d)

Page 14: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 14

Ministry of Labour

Workplace Safety and Insurance Board

Institute for Work & Health

Farm Safety Association

Municipal Health and Safety Assoc.

Ontario Service Safety Alliance

Industrial Accident Prevention Association

Construction safety Association of Ontario

Electrical & Utilities Safety Association

Health Care Health & Safety Association

Mines and Aggregates Safety & Health Assoc.

Ontario Forestry Safe Workplace Association

Occupational Health Clinics for Ontario Workers

Pulp and Paper Health & Safety Association

Transportation Safety Association of Ontario

Workers Health & Safety Centre

Education Safety Association of Ontario

The Partners…

Page 15: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Resources On-line www.safetymanagementeducation.com

- Minerva Canada’s website – case studies /contacts

www.preventiondynamics.ca – links to prevention network

www. prevent-it.ca – short clips of fatalities

Notes and links for courses in Occupational Health and

Safety in mining practice / MIR course in OHS http://www.queensu.ca/sps/people/faculty/pakalnisv/index.php

Page 16: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 16

Rhetoric and the art of persuasion – what once was but

has been forgotten ! (according to Isocrates and JC Spender)

• Logos –what’s logical –what’s the business case

• Ethos – what’s the right decision for the longer term in the broader context

• Pathos – what’s the compassionate decision – the people dimension – empathy

Page 17: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Business Results Through Health and Safety

Business Results Through Health and Safety

MIR- 811Adapted from WSIB/CMA :

Business Results Through Health and Safety

MIR- 811Adapted from WSIB/CMA :

Business Results Through Health and Safety

Page 18: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 18

Health and Safety Costs

in Ontario cost of LTI in 1999 was $11,711

In 2007 direct costs for an LTI were $21,300

In 2007, there were 300,000 persons injured , 100 died

Page 19: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 19

Business Results Through Health & Safety

• If profit margin is 10%, requires $590,000 in sales to produce $59,000 of profit.

• Lower costs• Improved employee relations & employee trust• Improved reliability & productivity• Improved protection from business interruption• Increased public image• Increased organizational capability*see CME CD – Business Results Through Health and Safety

Page 20: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 20

Sampling - OH&S Convictions in 2000Organization Injury Accident Charge Penalties

Meat Packer, Burlington Head, shoulder, back Box of frozen meat fell fromoverhead conveyor strikingemployee.

Guarding $80,000

Meat Packer, Burlington Fractured ankle Struck by rotating arm ofstretch wrapper

GuardingFailing to provideInstruction andsupervision.

$125,000

Chemical Co. Aurora Burns Spray can exploded whenoverheated Š fire exitblocked by a backhoe anddirt.

Failing to keep exitclear

$43,000

Construction Co.Chelmsford

Concussion Plank fell from overheadplatform

Failing to take everyprecaution

$95,000

Printing Co. Ottawa Cut to arm Š 4 daysLTA

Trimmer machine operatedwith guard open. Safetydevice modified to permitoperation with guard open.

Guarding $60,000

Yarn Mfger, Stratford 1. Crushed fingers2. Serious Cuts to

palm of hand

1. Drawn into squeezerollers

2. Caught in moving yarnholder

Guarding $100,0001 supervisor fined$3,000, another $1,500

Tobacco Co. Guelph Fatality Employee pinned betweenmoving conveyor andguardrail

No emergency stopwithin easy reach

$200,000

Bakery, Oakville Fatality Employee drawn intoribbon mixer.

Guarding $62,5001 co-owner jailed 20days, 1 co-owner fined$7,500.

Excavating Contractor,Oakville

Fatality Dump truck backed overemployee.

$130,000

Waste Services Co.,Mississauga

Fatality Falling gate struckemployee.

Failing to block orsecure gate topermit safe passageunderneath

$200,000

Auto Co. St. Catherines Fatality Pinned by machinery whileinside macines workingarea. 6 limit switches bentout of position on perimetergates.

failing to maintainequipment in goodworking order.

$325,000

Recycling Co. Hamilton 2 fatalities

1 injury

3 separate incidents $600,000

Page 21: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 21

PsychologicalWork

Environment

HealthyHabits

PhysicalWork

Environment

Healthy Workplaces

Page 22: Canadian Chemical Engineering Conference 2008 October 21 st, 2008 The Fundamentals of the OH&S Act and Managing Occupational Health and Safety Vic Pakalnis,

Vic Pakalnis - Ont. Ministry of Labour - 2007 22