LABOUR PROGRAM

Approach to Proactive Labour Inspection in Canada: Federal and

Provincial Models

RIAL Workshop on Successful Labour Inspection Models

May 19, 2009

LABOUR PROGRAM

OVERVIEW

• Constitutional Jurisdictions

• Government of Canada: Intervention Model Framework

• Government of Manitoba: Safe Work Program

• Government of British Columbia: Focus Firm Strategy

• Common Characteristics

LABOUR PROGRAM

CONSTITUTIONAL JURISDICTIONS

Canada: 10 provinces and 3 territories.

Two Key constitutional documents: Constitution Act, 1867 and Constitution Act, 1982

Canadian Constitutionassigns jurisdiction for certain industries exclusively to the federal government and others to provincial governments.

LABOUR PROGRAM

CONSTITUTIONAL JURISDICTIONS

Jurisdiction Population

British Columbia 4,380,000

Alberta 3,474,000

Saskatchewan 997,000

Manitoba 1,187,000

Ontario 12,804,000

Quebec 7,701,000

Newfoundland and Labrador

506,000

New Brunswick 750,000

PEI 139,000

Nova Scotia 934,000

Yukon 31,000

NWT 43,000

Nunavut 31,000

TOTAL 32,976,000

LABOUR PROGRAM

FEDERAL JURISDICTIONThe Federal Jurisdiction, under the Canada Labour Code, covers the following industries:

– Navigation, shipping, operation of ships and transportation– Inter-provincial transport (rail and road)– Airports and airlines– Telecommunications– Broadcasting– Banks– Federal crown corporations (i.e. Canada Post, Museums,

etc.)– Industries declared by Parliament to be for the general

advantage of Canada or two or more provinces (eg. Nuclear, Grain)

LABOUR PROGRAM

PROVINCIAL JURISDICTIONS

All Provinces and Territories have their own labour legislation which applies to all sectors that are not legislated by the Canadian Labour Code such as:

– Manufacturing– Mining / Non-renewable natural resources (excluding

nuclear)– Provincial transport (excluding inter-provincial)– Agriculture (excluding grain)– Forestry – Electrical energy – Education– Health

LABOUR PROGRAM

INTERVENTION MODEL FRAMEWORK

Occupational Health and Safety OperationsLabour Program

Government of Canada

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INTERVENTION MODEL – Goals & ObjectivesGoals• Target firms with high rates of disabling injuries, high risk

sectors, or employers with large number of work refusals or complaints

• Foster an occupational health and safety culture• Make clients more self-reliant and able to address current and

future OSH issues in their workplace

Objectives• To promote internal responsibility• To reduce the number and severity of workplace injuries and

illnesses.• To achieve a higher level of voluntary compliance to Part II of

the Canada Labour Code

LABOUR PROGRAM

INTERVENTION MODEL – Principles

• Participation is voluntary

• Proactive rather than reactive

• Must be a positive experience

• Collaborative systematic approach, consistent intervention across the country

• Non-confrontational

• Flexible and specific to each individual work site

LABOUR PROGRAM

INTERVENTION MODEL - 6 Stages

Stage 1 - Selection - targeting

Stage 2 - Offer / Client commitment - administration

Stage 3 - Appraisal - basic OSH components

Stage 4 - Assessment - comprehensive review

Stage 5 - Work plan - corrective actions

Stage 6 - Monitoring - follow-up

LABOUR PROGRAM

INTERVENTION MODEL - Selection

To identify clients who will be offered the opportunity toparticipate in the intervention process

Factors used to identify potential clients• High risk / targeted industry sectors• High risk activities• High rate of disabling injury incidents• Annual reports of hazardous occurrences• Number of work refusals and complaints• Worker’s compensation statistics (claims and costs)• Local knowledge and conditions

LABOUR PROGRAM

INTERVENTION MODEL - Commitment

• Meeting with client (employer / management)

• Explain why client was chosen

• Explain benefits of OSH program

• Explain Intervention Model and scope of intervention

• Encourage client to consult with employees and union

• Client signs commitment letter or gives verbal commitment

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INTERVENTION MODEL - Appraisal

OSH officer reviews whether core components of OSHprogram are in place to ensure workplace has a solidfoundation on which to build intervention and program:

• OHS policy established

• OSH information posted

• Effective Workplace OHS Committee or representatives

• Accidents, injuries and hazardous occurrences investigated and reported

LABOUR PROGRAM

INTERVENTION MODEL - Assessment

Comprehensive review of the 8 basic elements of OSH program:

• OHS policy with roles and responsibilities• Hazard identification and safe working procedures• OHS education and training• Workplace injuries and illnesses investigation, recording and

reporting• First aid provision and emergency response• OHS Committee or representatives, and Policy Committee• Regular workplace inspections• Internal complaint resolution process

LABOUR PROGRAM

INTERVENTION MODEL - Work Plan & MonitoringOSH officer and client jointly develop a work plan thatidentifies issues of non-compliance with the Code andremedial measures/actions to address these issues

OSH officer may make recommendations, not required bythe Code, that are deemed appropriate

Once all issues have been addressed, client and officerestablish monitoring plan for at least 2 years, in order to:

• evaluate success of intervention

• ensure improvements take root and become permanent

• provide assistance to management and OSH Committe or representatives

LABOUR PROGRAM

SAFE WORK PROGRAM

Workplace Safety and Health Division Labour and Immigration Department

andWorkers Compensation Board

Government of Manitoba

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SAFE WORK PROGRAM – Goal & Objectives

Spot the hazardAssess the riskFind a safer wayEveryday

GoalReduce workplace injuries and illnesses, and create safer andhealthier workplaces throughout Manitoba

Objectives• To build a strong workplace safety and health culture

• To change Manitobans’ knowledge, attitude and behaviour about safety

LABOUR PROGRAM

SAFE WORK PROGRAM - Priorities & Targets

• Raise awareness and education through advertising campaigns (WCB)

• Expand and target training for employers, supervisors and workers (WHSD)

• Implement prevention measures and standards through OSH programs (WHSD)

• Strengthen internal and external responsibilities (WHSD)

Target employers, workers, general public and young workerspreparing to enter the workforce

Joint Injury and Illness Prevention Strategy• Target risk sectors and clientele, including youth, aging

workforce and immigrant workers

LABOUR PROGRAM

SAFE WORK PROGRAM - Priorities & Targets

Based on values of:• leadership

• ownership

• fairness

• transparence

• partnership

Basic principle is that safety is everyone’s responsibility

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FOCUS FIRM STRATEGY

WorkSafe British Columbia

Government of British Columbia

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FOCUS FIRM STRATEGY - Objectives & Targets

Objectives• Reduce injury rate to industry average level or below• Ensure each firm has a well functioning health and safety

program in place• Ensure each firm has an effective return-to-work program in

place

Target firms with:• high injury rates or higher rate than industry average• high number of compensation claims• significant number of young workers

LABOUR PROGRAM

FOCUS FIRM STRATEGY - Principles

Principles of cooperation and partnership

• Strategy relies on commitment and resources of workplace parties

• Promote in concert with workers and employers the prevention of workplace injuries, illnesses and accidents

• Build a culture of health and safety

LABOUR PROGRAM

FOCUS FIRM STRATEGY - Stages

• Identification and selection

• Analysis of company’s injury profile

• OSH officer and employer jointly develop business plan

• Commitment from management and workers

• Officer provides expertise and assistance with implementation of business plan

• Officer monitors compliance

• Officer reviews and evaluates program effectiveness

• Maintenance stage when safety program is self-sustaining and injury rate below industry average

LABOUR PROGRAM

COMMON CHARACTERISTICS & LESSONS LEARNED

• Focus on high risk sectors and industries• Work best when everyone is involved at every step of the

process• Need commitment of all parties• Partnership and collaboration• Rely on internal responsibility• Government as a partner and specialist rather than an

enforcer• Education and outreach• About building a health and safety culture and changing

attitudes and behaviours