The Canadian workforce is getting greyer. More Canadians than ever before are over the age of 55 and many are still working—either by choice or out of necessity. According to the Institute for Work & Health, older workers don’t get injured as often as younger and less experienced workers. But when they do, their injuries tend to be more severe, requiring more health care and time off from work. And older workers are more likely to die from workplace injuries than their younger co-workers. In light of their vulnerability, you might be tempted to take special measures to protect the older workers at your company. But be careful. It’s illegal to discriminate against workers based on their age. Thus, efforts to protect older workers by, say, barring them from doing particularly dangerous work could expose your company to liability.
So how are safety coordinators supposed to protect this vulnerable segment of the workforce without committing age discrimination? To help you answer this question, this edition of WORKER PROFILE looks at both the unique health and safety issues raised by older workers and the discrimination laws you need to take into account when implementing measures to protect older workers.
OHSINSIDER.COM: Members of OHSInsider.com can access links to resources on the safety issues faced by older workers and an action plan checklist for protecting old workers.
Defining Our Terms
Who’s considered an “older” worker? There’s actually quite a bit of disagreement on this issue. For example, the World Health Organization uses 45 as its dividing line between older and younger worker; and other groups and studies have treated workers as “older” once they reach age 50 or 55. In this article, when we use the term “older worker,” we’re referring to workers age 50 and older.
THE HEALTH & SAFETY ISSUES
Many of the physical changes associated with the aging process that affect health and safety start to appear at age 50 or older. According to a study out of Boise State University, such changes include:
LEGAL PROTECTIONS
The OHS laws naturally protect all workers regardless of age. And although the OHS laws do have special protections for young workers (typically those under age 18), they don’t provide special protections for older workers. However, Alberta and Manitoba have issued guidance for employers on workplace safety and an aging workforce.
Older workers do get special protection under the human rights laws, which bar employers from discriminating against workers on a variety of grounds—including age. For example, in most of Canada, companies can no longer force workers to retire when they reach 65 or another pre-designated age. In a safety context, a company policy that barred workers over age 50 from operating a forklift would be discriminatory.
The human rights laws also require employers to accommodate disabled workers to the point of undue hardship. Being, say, 60-years-old isn’t a disability per se. But older workers are more likely to have medical conditions that would be considered disabilities, such as diabetes and arthritis. And employers would have to accommodate workers with such age-related disabilities, such as by altering the arrangement of an arthritic worker’s work station to make it easier for him to access the equipment.
In addition, the human rights laws ban discrimination on the basis of not only an actual disability but also a “perceived” disability. Explanation: You can’t treat a worker unfavourably because you think he has a disability even if you’re wrong. Thus, if you treat an older worker differently because you perceive him as disabled by virtue of his age, such as by not allowing him to perform certain jobs, you may be guilty of discrimination based on a perceived disability.
As noted above, a safety policy based solely on a worker’s age is discriminatory. But a policy that negatively impacts older workers more than other workers could also be discriminatory. For example, a policy that only workers who meet specified hearing, visual or strengthen standards can perform certain tasks may effectively bar older workers from those tasks. However, such a policy is permissible if the company can prove that the standards are Bona Fide Occupational Requirements (BFOR). The BFOR rules are extremely complicated but they essentially allow employers to adopt otherwise discriminatory policies and practices if the practice or policy serves a legitimate purpose and there are no less discriminatory ways to accomplish it. Ensuring workplace safety is recognized as a legitimate purpose. Thus, a health and safety policy like the above example that has the effect of singling out older workers could be allowed if the company can prove that the hearing, visual or strengthen standards are reasonable and necessary to ensure that the tasks are performed safely.
HANDLING OLDER WORKERS
What should companies do to protect the health and safety of older workers? The Liberty Mutual Research Institute for Safety recommends that companies take four steps to keep older workers healthy and safe on the job:
Step #1: Evaluate Your Aging Workforce and Analyze Age-Related Loss Trends
You should determine whether your company has an aging workforce. In general, companies with 50% or more of their workers above age 55 should evaluate the frequency and severity of injuries among that group. Because it takes longer for older workers to recover from workplace injuries, it’s important to identify age-related loss trends and determine which types of injuries are occurring among older workers and what’s causing these injuries. This information can help you determine the best safety measures to put in place to protect older workers from injury.
Step #2: Implement Controls for Leading Loss Areas
Implement safety measures in your workplace in the areas in which older workers appear to be most vulnerable, such as:
Ergonomics. Workers in their 60s may have different ergonomics needs from those in their 20s or even in their 40s. For example, a worker who could transport a 40-pound box easily in his 20s might need a cart to move the same box in his 50s. So make adjustments to older workers’ work stations, work methods, tools, equipment and cycle times to prevent the development of MSIs.
Falls. Because older workers are more prone to slips and falls, take proactive measures to prevent such incidents by assessing flooring material safety, enforcing footwear requirements, improving lighting (especially in stairwells and hallways) and instituting better and more frequent floor cleaning protocols.
Vision issues. To compensate for poorer vision in older workers, take steps to:
Hearing issues. To address older workers’ reduced ability to hear in general and to hear high-pitched tones specifically, implement measures that:
Step #3: Strengthen Return-to-Work Practices
One of the challenges posed by older workers is that they’re slower to recover from injuries and return to work. So companies and older workers both benefit from strong, supportive return-to-work programs, particularly those that offer flexibility in terms of job location, assigned work tasks and work hours.
Step #4: Implement a Wellness Program
An ounce of prevention can go a long way, especially for older workers. Because older workers take a long time to recover from injuries, preventing them from getting injured in the first place is key. Implementing the safety measures discussed above is one preventive strategy. A wellness program is another such strategy. Wellness programs can help workers improve their overall health by getting them to exercise more, eat better, quit smoking, etc. If your company already has a wellness program, encourage workers—especially those who are older—to participate in it. And if your company doesn’t have a wellness program, pitch one to senior management. (For more information on making the business case for wellness programs, see Insider, Vol. 5, Issue 3.)
Conclusion
According to Human Resources and Skills Development Canada, 41% of Canada’s workforce will be between ages 45 and 64 by 2011. So if your company doesn’t currently have a large number of older workers, it will soon. Yes, older workers may be more vulnerable to certain workplace hazards and injuries that their younger counterparts and they may recover more slowly from their injuries. But trying to put older workers out to pasture would be a mistake. First, forcing older workers out of the workplace is illegal. Second, older workers have skills, experience and maturity that often gives them an advantage with respect to safety and productivity over younger workers. So older workers are a resource your company should seek to protect. And by following the guidance in this article, you’ll be able to do so.
INSIDER SOURCES
Aging Workforce: New Challenges in Safety and Disability Research, Liberty Mutual Research Institute for Safety, Summer 2009
Health and Safety Issues of Older Workers, Uwe Reischl, Boise State University, Feb. 2007
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