HR BUS 381 CHAPTER 14 Occupational Health and Safety

Three Basic Causes of Accidents

-Chance Occurrences (beyond management's control) -Unsafe conditions -Unsafe acts

Three Other work-related accident factors

-job (some inherently dangerous) -work schedule (fatigue) -Psychological (stress)

Repetitive Strain Injuries

Activity-related soft-tissue injuries of the neck, shoulders, arms, wrists, hands, back and legs Employers must advise and train workers about the risk of RSIs from workplace activity, identify and assess job-related RSI risk factors, encourage workers to report RSI symptoms early, and use ergonomic interventions Ergonomics refers to the art of fitting the workstation and work tools to the individual

Substance Abuse and the Law

Alcohol/drug abuse considered a disability (human rights law) vs. employers' due diligence requirement (OHS law)

Workers' Compensation and Stress-Related Disability Claims

All Canadian jurisdictions provide benefits for post-traumatic stress caused by a specific and sudden workplace incident However, when it comes to chronic stress, there is very limited or no coverage, depending on the jurisdiction The rationale is that stress has multiple causes, including family situations and personal disposition

Occupational illness

Any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

Occupational injury

Any cut, fracture, sprain or amputation resulting from a workplace accident.

Reducing Job Stress

Employee Can: get more sleep, eat better, take vacation, meditate, find a more suitable job, get counselling, organize each day's activities Employer/Supervisor Can: offer a EAP monitor each employee's performance to identify symptoms of stress and then inform the person of organizational remedies ensure fair treatment permit employee to have more control over his or her job

Basic Facts About OHS Legislation: Responsibilities and Rights of Employers and Employees

Employees are responsible for taking reasonable care to protect their own health and safety and, in most cases, that of their co-workers Specific requirements include wearing protective clothing and equipment and reporting any contravention of the law or regulations Employees have three basic rights: the right to know about workplace safety hazards the right to participate in the OHS process the right to refuse unsafe work

Job Stress: Sources

Environmental Factors Personal Factors

Job Stress

Human Consequences of "" include: Psychological / emotional Behavioural Physical mental health issues are the leading cause of both short and long-term disability claims eustress="good" stress

Basic Facts About OHS Legislation: Enforcement of OHS Laws

In all Canadian jurisdictions, occupational health and safety law provides for government inspectors to periodically carry out safety inspections of workplace Penalties may consist of fines and/or jail terms The Criminal Code includes a criminal offence commonly known as "corporate killing," which imposes criminal liability on "all persons" who direct the work of other employees and fail to ensure an appropriate level of safety in the workplace

Strategic Importance of Occupational Health and Safety

Investment in disability management and proactive wellness programs create measurable bottom-line returns In 2011, there were 919 deaths and about 275,000 injuries resulting from accidents at work (a steady decline since 2000) Annually, over $12 billion is paid out to injured workers and their families. 1 in 7 young workers is injured on the job One-fourth of all workplace injuries involve workers aged 15-29 In Canada, BC ranks as the third highest province in workplace injuries and deaths

OHS Legislation

Laws intended to protect the health and safety of workers by minimizing work-related accidents and illnesses

Workplace Toxins

Leading cause of work-related deaths around the world is cancer In addition to known carcinogens, such as asbestos and benzene, new chemicals and substances are constantly being introduced into the workplace without adequate testing Workers' compensation laws in several provinces have been amended to provide benefits to firefighters who develop specific job related cancers

Workplace Smoking

Most Canadian jurisdictions have banned smoking in workplaces Health Canada is urging employers to implement smoking cessation programs for employees to achieve: better health for employees better business results legislative compliance increased employee satisfaction (especially for the 80 percent of Canadians who do not smoke) avoidance of litigation

Violence at Work

Most Canadian jurisdictions now have workplace violence legislation in place covering physical violence, and some include psychological/emotional violence Human rights laws across the country prohibit various forms of harassment and bullying Employers may be found liable for violent acts of their employees on the basis that the employer negligently hired or negligently retained someone whom the employer should reasonably have known could cause the violent act Employers may also be found liable when they are aware of violent incidents and fail to respond

Employee Wellness Programs

Proactive approach to employee health and well being Management strategy to achieve measurable outcomes related to productivity, cost reduction, recruitment/retention, and profit

Substance Abuse Testing

Random substance abuse testing is illegal Employers can: forbid drugs/alcohol in workplace require random drug testing only for "safety-sensitive" jobs require mandatory drug testing "for cause" or "post-incident" in certain circumstances Positive test results must result in accommodation of the employee's disability Immediate termination is not generally justifiable

Basic Facts About OHS Legislation: Joint Health and Safety Committees (JHSC)

The JHSC should provide a non-adversarial atmosphere where management and labour can work together to ensure a safe and healthy workplace Committees are usually required to consist of between 2 and 12 members, at least half of whom must represent workers In small workplaces, one health and safety representative may be sufficient.

Burnout

The total depletion of physical and mental resources caused by excessive striving to reach an unrealistic work-related goal

OHS Legislation purpose

These laws fall into three categories: general health and safety rules rules for specific industries (e.g. mining) rules related to specific hazards (e.g. asbestos)

Personal Factors

Type A personalities patience tolerance for ambiguity self-esteem health and exercise work and sleep patterns non-job-related problems like divorce, depression, work/family time conflict

Avoiding Burnout:

break patterns get away from it all periodically reassess goals think about work reduce stress

Due Diligence

employers are responsible for taking every reasonable precaution to ensure the health and safety of their workers

Specific duties of the employer include:

filing government accident reports maintaining records ensuring that safety rules are enforced posting safety notices and legislative information

Environmental Factors

high demand _____ high levels of mental and physical effort

Prevention and Control of Workplace Violence

identify jobs with high risk of violence institute workplace violence policy create a healthy work environment heighten security measures provide workplace violence training improve employee screening

Unsafe Conditions

improperly guarded equipment defective equipment hazardous procedures unsafe storage improper illumination improper ventilation

Workplace Hazardous Materials Information System (WHMIS) legislation has three components:

labelling of hazardous material containers material safety data sheets (MSDS) employee training

Basic Facts About OHS Legislation: Supervisor's Role in Safety

most jurisdictions impose a personal duty on supervisors to ensure that workers comply with occupational health and safety regulations specific obligation on supervisors to advise and instruct workers about safety, to ensure that all reasonable precautions have been taken to provide for the safety of all employees, and to minimize risk of injuries or illness safety-minded managers must aim to instill in their workers the desire to work safely

How to Prevent Accidents

reduce unsafe conditions reduce unsafe acts -selection testing -top-management commitment -training and education -positive reinforcement

Wellness initiatives often include:

stress management nutrition and weight management smoking cessation programs tai chi heart health physical fitness programs ergonomics

Occupational Health Issues and Challenges

substance abuse job stress repetitive strain injuries workplace toxins workplace smoking influenza pandemic violence at work

Substance abuse testing only legal if:

test is rationally connected to performance of the job test is adopted in honest and good-faith belief that it is necessary for fulfillment of work-related purpose test is reasonably necessary to the accomplishment of the work-related purpose

Unsafe Acts

throwing materials operating or working at unsafe speeds rendering safety devices inoperative using unsafe equipment or using equipment unsafely taking unsafe positions under suspended loads lifting improperly distracting, teasing, abusing, startling, horseplay, quarrelling