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my apologies, the Canada Labor Code as it applies to Federally Regulated companies
Sorry. What do you mean “it states. . .” What is “it”’ Also need to know your jurisdiction and type of workplace to be able to answer your questions. Thanks.
in reply to: Required Safety Training? #103327The short answer is that all workers must be trained to be competent to carry out the work they do safety and in accordance with legal requirements. Being competent means understanding the general hazards, the hazards as they’re posed in the specific job task and setting, the procedures in place to carry out the work safely and the measures in place to protect them, including the required PPE. Training must be delivered by a competent person and verified as being effective, i.e., that the worker understood and is capable of carrying out the training, BEFORE he/she carries out the work. Training must be refreshed at a regular basis and as often as necessary in response to significant changes in equipment, procedures, conditions, etc., as well as incidents or indications suggesting that the training may be out of date and needs to be refreshed.
In addition, as in all of the other jurisdictions, the OHS regulations of the territories also include numerous references to specific kinds of training required for certain operations or equipment, like confined space entry, fall protection systems, electrical equipment, etc. Hope that offers a useful summary. Pls let me know if there’s a specific kind of training you want to know about. Glenn.in reply to: Definition of Direct supervision #103326
Let me answer the questions out of order.
Second question: NO. Merely being competent to perform a task isn’t enough to comply if the task being performed is one that the Alberta OHS Code requires to be done under the “direct supervision” of a competent worker. There are a handfull of operations, like operating powered mobile equipment (PME) and blasting must be under the “direct supervision” of a competent worker.
First question: The Code defines “direct supervision” as meaning that the competent worker: “(a) is personally and visually supervising the worker who is not competent, and (b) is able to communicate readily and clearly with the worker who is not competent.” The Guidance on the part of the Code dealing with PME (Sec. 256) elaborates on the definition. (pasted in below) OHS Code Explanation and Guidance on “Direct Supervision” (for purposes of operating PME).
256 This subsection allows a worker in training to operate powered mobile equipment as long as the worker does so under the direct supervision of a competent worker designated by the employer. The term “direct supervision” is defined in the OHS Code and has special meaning. In particular, (a) direct supervision means that the worker who is not competent must be under the personal and continuous visual supervision of a competent worker—the two workers must be capable of interacting with one another on a one‐on‐one basis and must maintain visual contact with one another throughout the performance of the work for which direct supervision is required; and (b) the two workers must be able to readily and clearly communicate with each other— in noisy or distracting circumstances, hand signals may be appropriate. These signals must be clearly understood by both workers. If communication devices such as portable two‐way radio headsets are used within protective headwear for example, transmissions must be clear and reliable for the duration of the work.
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Hope that helps. Glenn
in reply to: Vaccine Certificate Verification #103325No. I don’t see why you’d need such an organization. The best way to verify is to have the employee produce the certification of vaccination issued by your jurisdiction. Depending on which jurisdiction you’re in, you can and may have to certify electronically using a government app. You can also verify by medical note. Also remember that you may need photo ID if you don’t know the employee by sight. This article should help. https://ohsinsider.com/how-to-implement-a-workplace-vaccine-passport-policy/ Feel free to loop back with me if I haven’t answered your question. glennd@bongarde.com
I don’t have access to the standard but maybe we should pose this as a general question to the members. Email if you want to try that and I’ll have my colleague set it up. glennd@bongarde.com
Great questions.
1. CAN YOU REDACT: PROBABLY NOT
First, I think it’s clear that the reports you submit to MOL and WSIB must include ALL of the required information. But what about the JHSC’ Names and physicians of incident victims is personal information protected by privacy laws, meaning you can’t disclose it without consent. However, exceptions apply, like when disclosure is required by regulation. I’ve seen OHS reporting requirements in other jurisdictions that require employers to redact the names and identifying information of victims of certain types of incidents in the copy of the report given to the JHSC. Unfortunately, Ontario doesn’t say this. I think it should. But it doesn’t. So, redacting that information would likely violate the OHS Act and reporting regulation.
2. CAN YOU LIMIT DISCLOSURE TO CHAIRS: NO
Again, there are many jurisdictions where employers need give a copy of the incident report only to the JHSC co-chairs. But the Ontario rules require notifying “the committee.” So, I don’t think there’s any basis for just giving the report to co-chairs.
Man, this is frustrating because I think the Ontario laws are overly broad and compromise workers’ privacy. Of course, this is just a personal opinion and it could be wrong. It might be worth running the question past somebody from the MOL or WSIB to get their take.100%. That’s a requirement in all jurisdictions. But since it’s almost never spelled out in the OHS laws, it’s tricky to pinpoint the precise source. So let me break it down, at least for Sask.
First of all, we know EMPLOYERS have to report “dangerous occurrences,” which includes near misses for certain types of incidents. (Sask Employment Act, Sec. 2-3). Employees don’t have to report these incidents to the government but do have to notify their employer and cooperate in the investigation so the employer can meet its duty under Sec. 2-3. This is confirmed in guidance on reporting obligations https://taskroom.sp.saskatchewan.ca/Pages/Public%20Service%20Commission/Service%20Pages/Section-818-OHS-Incident-Reporting-and-Investigation.aspx stating that
Employees are responsible for:- ensuring their personal health, safety and wellness, and that of others in the workplace;
- participating in training and complying with this policy; and
- reporting incidents and collaborating in incident investigations.
Hope that answers your question. Thanks, Glenn
in reply to: Stop work requirement #103321No. The Stop Work provisions of the Ontario OHS Act are pretty unique. I think there’s only one other jurisdiction that has something equivalent and it’s definitely not Quebec. (I can’t remember which jurisdiction it is but I can look it up you need me to.) Glenn
in reply to: OSHA 30 confined spaces – AB #103320Unless there’s some kind of treaty or international agreement I don’t know about, I don’t believe the OSHA 30 would satisfy confined spaces safety training requirements in Alberta. For one thing, while there is some overlap, the Alberta OHS Code requirements aren’t the same as the US OSHA standard. However, there may be some kind of convention in which PARTS of the OSHA 30 are accepted in Alberta to the extent requirements that are the same in both jurisdictions. I’d suggest getting in touch with the regional OHS office and asking them the question. If you do, I’d be grateful if you’d let me know what they say. glennd@bongarde.com
The best way to answer that question is to refer you to the Health Canada website. https://travel.gc.ca/travel-covid As I’m sure you know, the restrictions are changing almost literally each day so you need to check the site frequently. Feel free to get back to me if there’s anything you’re still confused about after checking the guidelines. glennd@bongarde.com
in reply to: Private: Classfication of injuries – OSHA #103318I’m a little confused as to what you’re asking. Which jurisdiction do these excerpts come from’ And what do you want me to do with them’ Sorry for the confusion.
in reply to: violence-and-harassment-polices-saskatchewan #103317I’m almost positive they can be combined. Explanation: Neither the OHS Regs nor guidelines address this question. However, many jurisdictions do and they say that combining violence and harassment into one policy is OK. Moreover, the new federal C-65 rules REQUIRE a combined policy. And that’s pretty much the way things are trending with violence and harassment increasingly being treated as part of a single psychological safety problem rather than as separate issues. So, I’d be utterly shocked if a combined policy is a problem in Sask. Hope that helps. Glenn
in reply to: Private: storage of dangerous goods #103316Thanks for clarifying. Does this help’
Chemical Compatibility ChartChemical
Incompatible WithAcetic acid
Chromic acid, nitric acid, hydroxyl compounds, ethylene glycol, perchloric acid, peroxides, permanganatesAcetylene
Chlorine, bromine, copper, fluorine, silver, mercuryAcetone
Concentrated nitric and sulfuric acid mixturesAlkali and alkaline earth metals (such as powdered aluminum or magnesium, calcium, lithium, sodium, potassium)
Water, carbon tetrachloride or other chlorinated hydrocarbons, carbon dioxide, halogensAmmonia (anhydrous)
Mercury, chlorine, calcium hypochlorite, iodine, bromine, hydrofluoric acid (anhydrous)Ammonium nitrate
Acids, powdered metals, flammable liquids, chlorates, nitrates, sulfur, finely divided organic or combustible materialsAniline
Nitric acid, hydrogen peroxideArsenical materials
Any reducing agentAzides
AcidsBromine
See ChlorineCalcium oxide
WaterCarbon (activated)
Calcium hypochlorite, all oxidizing agentsCarbon tetrachloride
SodiumChlorates
Ammonium salts, acids, powdered metals, sulfur, finely divided organic or combustible materialsChromic acid and chromium trioxide
Acetic acid, naphthalene, camphor, glycerol, alcohol, flammable liquids in generalChlorine
Ammonia, acetylene, butadiene, butane, methane, propane (or other petroleum gases), hydrogen, sodium carbide, benzene, finely divided metals, turpentineChlorine dioxide
Ammonia, methane, phosphine, hydrogen sulfideCopper
Acetylene, hydrogen peroxideCumene hydroperoxide
Acids (organic or inorganic)Cyanides
AcidsFlammable liquids
Ammonium nitrate, chromic acid, hydrogen peroxide, nitric acid, sodium peroxide, halogensFluorine
EverythingHydrocarbons (such as butane, propane, benzene)
Fluorine, chlorine, bromine, chromic acid, sodium peroxideHydrocyanic acid
Nitric acid, alkaliHydrofluoric acid (anhydrous)
Ammonia (aqueous or anhydrous)Hydrogen peroxide
Copper, chromium, iron, most metals or their salts, alcohols, acetone, organic materials, aniline, nitromethane, combustible materialsHydrogen sulfide
Fuming nitric acid, oxidizing gasesHypochlorites
Acids, activated carbonIodine
Acetylene, ammonia (aqueous or anhydrous), hydrogenMercury
Acetylene, fulminic acid, ammoniaNitrates
Sulfuric acidNitric acid (concentrated)
Acetic acid, aniline, chromic acid, hydrocyanic acid, hydrogen sulfide, flammable liquids, flammable gases, copper, brass, any heavy metalsNitrites
AcidsNitroparaffins
Inorganic bases, aminesOxalic acid
Silver, mercuryOxygen
Oils, grease, hydrogen, flammable liquids, solids or gasesPerchloric acid
Acetic anhydride, bismuth and its alloys, alcohol, paper, wood, grease, oilsPeroxide, organic
Acids (organic or mineral), avoid friction, store coldPhosphorus (white)
Air, oxygen, alkalis, reducing agentsPotassium
Carbon tetrachloride, carbon dioxide, waterPotassium chlorate
Sulfuric and other acidsPotassium perchlorate (see also chlorates)
Sulfuric and other acidsPotassium permanganate
Glycerol, ethylene glycol, benzaldehyde, sulfuric acidSelenides
Reducing agentsSilver
Acetylene, oxalic acid, tartartic acid, ammonium compounds, fulminic acidSodium
Carbon tetrachloride, carbon dioxide, waterSodium nitrate
Ammonium nitrate and other ammonium saltsSodium peroxide
Ethyl or methyl alcohol, glacial acetic acid, acetic anhydrite, benzaldehyde, carbon disulfide, glycerin, ethylene glycol, ethyl acetate, methyl acetate, furfuralSulfides
AcidsSulfuric acid
Potassium chlorate, potassium perchlorate, potassium permanganate (similar compounds of light metals, such as sodium, lithium)Tellurides
Reducing agentsin reply to: Private: storage of dangerous goods #103315I’m afraid I’m not sure exactly what you’re seeking. Have tried the Transport Canada website’ They might have what you need. https://tc.canada.ca/en/dangerous-goods If you don’t find it, you can loop back with me at glennd@bongarde.com. Once I get a clearer picture of what you need, I may be able to help you track it down. Thanks and sorry I couldn’t deliver the “goods”
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