[Jeffrey Turner]

in reply to: Hiring people with criminal backgrounds #103419

Hello, and thank you. We have clear policies that new hires in certain positions will require background checks; however, failed background checks will be reviewed, or the candidate will be removed from the hiring process in certain instances. My concern from an OH&S angle is if we choose to hire someone with a flagged BG check (who does not have a pardon or completed their trial/parole etc.). How could or should we approach a matter that does not implicate the employer in addition to charges etc., if something goes wrong, like resulting in injury or violence towards other workers’ I understand that an employer can only base their decision on what the candidates share; thus, it can’t be validated.

[Jeffrey Turner]

in reply to: Hiring people with criminal backgrounds #103418

I’m not sure I understand the question. However, I would warn anyone at the company, whether OHS, HR or any other department, that automatically excluding a job candidate or current employee promotion candidate based on having a criminal background can result in liability under human rights laws. You can also get into trouble if you use race, religion, national origin, etc., as a criterion in deciding which candidates to check. Bottom line is that you should adopt a clear policy on criminal background checks. My suggestion:

• Require a clear criminal record check for specific positions upon the start of employment;
• Allow for a conditional term of employment before receipt of the results of a criminal record check; and
• Include a statement that unsatisfactory criminal record check results could result in demotion or termination.

I hope this answers your question. If not, feel free to ask a follow-up. Glenn 

[Jeffrey Turner]

in reply to: loading-dock-safety #103417

We don’t have a specific OHS loading dock safety policy but we do have policies and procedures for specific hazards that may be involved in loading dock operations, such as forklifts and lifting. You might also want to check these items: 
https://www.ihsa.ca/pdfs/magazine/volume_18_Issue_2/loading-up-on-loading-dock-safety.pdf
https://ehs.utoronto.ca/wp-content/uploads/2015/10/Guidelines-for-Working-in-Loading-Docks.pdf
https://www.utmb.edu/policies_and_procedures/IHOP/Health_Safety_and_Security/IHOP%20-%2008.01.28%20-%20Loading%20Dock%20Access%20Safety%20and%20Security.pdf
Hope that helps. Glenn

[Jeffrey Turner]

in reply to: Private: Safety Manual #103416

Thank you Glenn. Happy New Year to you too

[Jeffrey Turner]

in reply to: Private: Safety Manual #103415

I would start by gathering up all the Compliance Game Plans and Policy templates on the OHSI site and organizing and adapting them into a larger manual. Good luck and good new year.

[Jeffrey Turner]

in reply to: Private: WHMIS Training – batteries in I.T. server room #103414

That’s a determination you need to make for yourself. The general rule is that workers need WHMIS training only if they are or may be exposed to a hazardous product at work, i.e., they:

• Work with a hazardous product(s);
• Work near a hazardous product(s);
• Are involved in the manufacture of a hazardous product.

Although I don’t know all the facts, based on what you say, it sounds like the workers with access to the server room could be considered as working near a hazardous product, namely, the chemicals contained in the batteries, and would need WHMIS training. If these are clerical people with no other exposure to hazardous products, it might make more sense not to provide them WHMIS training but also strictly ban them from having access to the server room. Of course, that might also be totally impractical. It’s tough to figure out what you should do without knowing all of the circumstances. I hope this helps and I wish you a Merry Christmas and joyous holiday season. Glenn 

[Jeffrey Turner]

in reply to: Private: On the Job Training (OJT) vs Safe Working Practices #103413

That’s an interesting question and I actually learned a few things in answering it. First of all, let’s clarify our terms. I think what you’re talking about is safe work practices (SWPs) vs safe job procedures (SJPs). On the job training is something totally different while SWP vs. SJP is an apples-to-apples comparison.
SWPs: are essentially a set of simple and generic Do’s and Don’ts instructions that explain how to carry out a potentially hazardous task, like climb a ladder or use a power tool.
SJPs: are a more elaborate set of instructions that break down how to perform a specific task step by step. Unlike SWPs, SJPs aren’t generic but specific based on the actual risk factors involved considering the types of equipment, i.e., brands and models, conditions, etc. They typically require you to consult a hazard assessment and manufacturer’s instructions to create. They also need to be monitored, review and corrected as necessary.
Both SWPs and SJPs are required for compliance. However, the OHS regulations don’t use the term SJPs–or at least I’ve never seen it. Sometimes they do use the term SWPs but what they really mean is an SJP, e.g., to enter a permit confined space. Does this help’ Feel free to touch base directly if you want to follow up. Glenn glennd@bongarde.com. Great question

[Jeffrey Turner]

in reply to: Private: Workplace Committee Terms of Reference #103412

As in most jurisdictions, neither the Canada Labour Code nor COHS Regulations specifically address this question. However, it’s generally recognized that it’s up to the employer to draft the Terms of Reference/Bylaws for JHSC operations. The one wrinkle: Section 135(14) of the COHS Regulations says that the “Committee may establish rules (14) Subject to subsections 134.1(7) and 135(10) and any regulations made under subsection 135.2(1), a committee shall establish its own rules of procedure in respect of the terms of office, not exceeding two years, of its members and the time, place and frequency of regular meetings of the committee and may establish any rules of procedure for its operation that it considers advisable.” However, this doesn’t go as far as saying that the Committee can draft its own Terms of Reference.
Bottom Line: Drafting bylaws is something done when establishing a Committee. I believe the intent of the laws is for employers to do that and for the Committee itself to focus on the substance of the health and safety issues. That’s my opinion at least. Hope this helps. Glenn

[Jeffrey Turner]

in reply to: Private: Workplace Committee Terms of Reference #103411

As in most jurisdictions, neither the Canada Labour Code nor COHS Regulations specifically address this question. However, it’s generally recognized that it’s up to the employer to draft the Terms of Reference/Bylaws for JHSC operations. The one wrinkle: Section 135(14) of the COHS Regulations says that the “Committee may establish rules (14) Subject to subsections 134.1(7) and 135(10) and any regulations made under subsection 135.2(1), a committee shall establish its own rules of procedure in respect of the terms of office, not exceeding two years, of its members and the time, place and frequency of regular meetings of the committee and may establish any rules of procedure for its operation that it considers advisable.” However, this doesn’t go as far as saying that the Committee can draft its own Terms of Reference. 
Bottom Line: Drafting bylaws is something done when establishing a Committee. I believe the intent of the laws is for employers to do that and for the Committee itself to focus on the substance of the health and safety issues. That’s my opinion at least. Hope this helps. Glenn
 

[Jeffrey Turner]

in reply to: Elevated work platform #103410

Call 613-650-7556 and speak to Brian Scale and see if he can help you or guide you to a company that can do the training.

[Jeffrey Turner]

in reply to: Elevated work platform #103409

Yes, I do believe special training is necessary, but I haven’t a clue as to which vendors in your area provide it. Have you done a Google search’ Do any of you users know anything that can help this questioner’ Sorry and thanks.

[Jeffrey Turner]

in reply to: Equipment/vehicle pre-inspection checklist #103408

I’m in Ontario and in the construction industry. I never heard of copies but this is coming from an operator therefore I’m curious and at the same time when to comply with the right requirements.

Thank you for your help greatly appreciated.

[Jeffrey Turner]

in reply to: Equipment/vehicle pre-inspection checklist #103407

I don’t think there’s any required protocol for numbers of copies, at least not in the OHS regulations. What jurisdiction are you in and in what industry’ I can look it up if you want.

[Jeffrey Turner]

in reply to: Storage Requirements – Flammable Liquids #103406

You are on top of things. Here’s where to go for the provincial requirements
Ontario: OHS Indust Establishments, Sec. 22 (assuming you’re an industrial establishment and not construction site)
QC: OHS Reg, Secs. 81-91
NL: OHS Regs, Secs. 60, 69, 444-450
NS: Occ Safety Gen Regs, Sec. 46–re compressed gas cylinders.  
Hope that helps. If not, get back to me at glennd@bongarde.com 

[Jeffrey Turner]

in reply to: hearing-protection-for-disabled-employees #103405

First of all, sorry to keep you waiting. This is a very tricky question. The rules are easy to explain but difficult to apply. Let’s start with PPE. Your obligation is to make reasonable accommodations for the worker’s hearing disability to the point of undue hardship. To figure out what to do with this individual, you need to engage them in an accommodations process to determine their needs. Don’t speculate as to what damage X kind of PPE will do. Ask the employee. You can also require reasonable verification of the hearing impairment–assuming you have doubts as to whether it really exists. You may also require the person to undergo medical evaluation.
As for emergency response, it’s your responsibility to ensure that your evacuation and response plan and procedures accommodate the needs of individuals with disabilities. For the hearing impaired, that may require lights or strobes instead of alarms. Again, it all depends on the individuals, their abilities/disabilities and their needs. Hope that helps. Glenn

[Author]

Posts