Workplace Safety and YOU

(A brief overview of Rights and Responsibilities)

Presented to UVic ECE (Dr. H. Kwok, Professor)

By Denise K. Peters

Employers Advisers Office

Compensation Advisory Services,
Ministry of Labour

2012 Employers Advisers Office. All rights reserved. The Employers Advisers
Office encourages the copying, reproduction and distribution for Employer or
Employee use of this document. However, no part of this document may be
copied, reproduced, or distributed for profit or other commercial enterprise, nor
may any part be incorporated into any other publication, without written
permission of the Provincial Government of British Columbia.

Agenda
Introduction to EAO, WAO & WSBC
General Responsibilities under the Act
& Regulations
Part 3.22 - New and Young Worker
Part 10 De-Engerization and Lockout
Part 19 Electrical Safety
Resources

The Employers Advisers Office

What is the EAO mandate?

How can we help?
What do we cost?
How do you contact us?
How do you contact the WAO?

Safety As An Issue
Legal Responsibility
Moral Responsibility

Provincial Statistics
In British Columbia in 2010
143 fatalities = average of 2.75 workers killed
per week
44,830 accepted health care claims
47,006 accepted short-term disability claims
3,684 accepted long-term disability claims
(Source: WorkSafeBC)

Provincial Statistics
For New and Young Workers (15-24 years old)

For each working day, 46 hurt on the job

For every week, 3 permanently injured
In 2007, 6 killed in work related accidents
Represent more than half of all serious injuries and fatalities
Accidents/Injuries typically occur within first 6 months on the job
(- 20% within first month on the job)
Males account for 3 out of 4 young worker claims or chance of
injury: 1 out every 21 young male workers
(Source: WorkSafeBC)

Who is Responsible for Safety in

the Workplace? (Group Exercise)

Prevention
WorkSafeBC is the governing body for
OH&S
All workers unless under other
jurisdictions
Mandate Section 111 of the Act
Officers- enforce and educate (Act,
Regulations, Policies)

Responsibilities under the Act

Employers (s.115)
Workers (s.116)

Owners (s.119)
Suppliers (s.120)

Supervisors (s.117)
Prime Contractors
(s.118)

Directors & officers of

corporations (s.121)

Workers Rights and

Responsibilities
Take every reasonable precaution to protect self AND
those persons who may be affected by your actions or
omissions
Comply with Act and Regulations
Follow safe work procedures, wear PPE, no horseplay
Ensure ability to work is not impaired
Report to supervisor/employer contraventions of above
Cooperate with JOHSC (Wr Rep) and Board

Definitions
Supervisor
A person who instructs, directs, and
controls workers in the performance of
their duties
WorkSafeBC OH&S Regulations

What is Due Diligence

Taking every
reasonable care
in the circumstances
to protect the health and
safety of the worker

Due Diligence Is NOT:

Ignorance of the law

Believing the law does not apply
Economic considerations
Relying on workers past training and
experience
I dont have time to baby-sit
He/she should have known
Existence of an elaborate set of safety
rules and procedures

Due Diligence is NOT:

Due Diligence is NOT:

Due Diligence is NOT:

The Cornerstones of Due Diligence and

Knowing Rights and Responsibilities
Information

Instruction

Training

Supervision

In your workplace you need to:

Ask which tasks have safe work
procedures that workers must follow?
Ask to be trained in safe work procedures
Ask if a written safe work procedure is
available (where is it and may I get a
copy?)
Ask who is my supervisor?

Indirect Responsibilities

OH&S Committee
Safety Coordinator
Human Resources
Labour Unions
WorkSafeBC
Other Jurisdictions
Some may have regulatory power

The Rights and Responsibilities

Program
- Online, self paced, interactive, curriculumbased;
- Builds on Student WorkSafe Planning 10
elective program offered in Grade 11 and
12.
- Has supplemental video The Supervisor
* Warning: Many videos contain graphic
scenes and profanity. Viewer discretion is

Some Rights and Responsibilities

under the Regulations

Part 3.12 Right to Refuse

Part 3.22 - New and Young Worker
(includes accident reporting)
Part 10 De-Engerization and Lockout
Part 19 Electrical Safety

Other Responsibilities under the

Regulations (contd)

Impairment by alcohol, drug or other

substance (s. 4.20)
Improper Activity or Behaviour (s. 4.24)
Prohibition Improper Conduct (s. 4.25)
Investigation of Improper Conduct (s.
4.26)

Accident Reporting, Investigation

& Inspection
Immediate notice of certain accidents (s.
172)
Incidents that must be investigated (s.
173)
Investigation process (s. 174)
Improve effectiveness of OSH program (r.
3.3)

Prevention
WorkSafeBC is the governing body for
OH&S
All workers unless under other
jurisdictions
Mandate Section 111 of the Act
Officers- enforce and educate (Act,
Regulations, Policies)

Prevention - Enforcement
Board officers also:
Issue a warning letter
Apply an administrative penalty
Charge claims cost
Recommend Prosecution

Defense of Due Diligence

A person is not guilty of an offence if the person
proves that the person exercised due diligence to
prevent the commission of the offence
A worker is not guilty of an offence if the worker
proves that the offence was committed
as a result of instructions given by employer or
supervisor
despite the workers objection
Evidence of precautions taken to prevent particular
occurrence is also required

Questions to Ask Yourself

Do you know your rights and
responsibilities?
Are there systems in place to identify &
control hazards?
Has safety been integrated into all
aspects of your work?
Do you know your JOHSC (or Wr)
representatives?

More Questions (contd)

What are your assigned/specific health
and safety responsibilities?
Have you had training in these
responsibilities ?
How will you be held accountable for
health and safety responsibilities?

Summary
Working safely is something you do
before, during and after there is an
incident
Working safely is an ongoing process that
requires information, instruction, training
and supervision
Due Diligence is the most common
defense used for violations

Resources
Workers Compensation Act (Revised)
Occupational Health & Safety Regulation
available for purchase from:
Crown Publications (250) 386-4636 or
http://www.crownpub.bc.ca
Prevention Manual
Regulation Guidelines
available for purchase from:
Aramark 1-866-319-9704
email customer.service@worksafebcstore.com
http://www.worksafebc.com
http://www.labour.gov.bc.ca/eao or /wao