This is a QA that EVERYBODY should pay attention to because it involves a situation that affects just about every employer at one time or another.
The Question: What are you required to do when the OHS Regulations don’t prescribe a specific measure’
The Answer: Identify and assess the hazards you’re facing and implement reasonable measures to eliminate or at least control them.
Let me back up to Karen’s Q and show you how this all plays out: Like all jurisdictions, Ontario requires employers to ensure the safe operation and use of tractors and other vehicles and mobile equipment. But unlike some jurisdictions, Ontario OHS Regs don’t specifically mention anything about “circle checks” or “walk around” inspections prior to use.
HOWEVER, that does not necessarily mean that such checks aren’t required. Thus, for example, failure to do such checks could get an Ontario employer prosecuted for not “taking every precaution reasonable in the circumstances for the protection of a worker” under Sec. 25(2)(h) of the OHS Act.
And that begs a crucial Q: How does an employer (or a prosecutor, OHS inspector, court or tribunal for that matter) know what measures are “reasonable in the circumstances” to deal with a particular hazard’ More precisely, how do they know whether doing a circle check is one of those “reasonable” measures required in Karen’s circumstances’
Naturally, the OHS Regs. will be the first place to look for an answer. But when the Regs. are silent, the search needs to drill down deeper. Key evidence:
– Instructions of the tractor manufacturer;
– Industry standards: do other companies in Karen’s industry do circle checks even before short trips’
– Previous incidents: has there been an injury or near miss involving tractor short trips’
– Consultant/JHSC recommendations;
– The company’s own internal OHS policies and procedures–if circle checks are required for short trips, they better be performed;
– Any other evidence suggesting that even short tractor trips are really dangerous and should be preceded by a circle check.
Sorry for the length of the response but this is such an important issue that I wanted to make sure I got it all out.
Glenn Demby