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  1. Topics & Tools
  2. Employment Law & Compliance
  3. Canadian Employers Take a Proactive Approach to Workplace Safety
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Canadian Employers Take a Proactive Approach to Workplace Safety

February 7, 2024 | Catherine Skrzypinski

Canada flag waving in Ottawa

Managers and supervisors in Canada have shifted to a proactive approach to protect workers from injuries and illness on the job, experts say.

“An effective health and safety program starts with an employer’s commitment to workplace health and safety,” said Monica Curtis, a health and safety consultant at Workplace Safety and Prevention Services in Hamilton, Ontario.

That commitment includes training on health and safety and working with the relevant committees, as well as responding to a worker’s refusal to perform unsafe work.

Health and Safety Training

Canadian managers, supervisors and workers—regardless of experience or job role—must undergo health and safety awareness training immediately upon hire and every year afterward, said Michelle Ann Zoleta, health and safety manager at Peninsula Canada in Toronto.  

Office workers may be trained in ergonomics to eliminate discomfort and the risk of injury at a workstation, Zoleta added. Some manual labor workplaces may require specialized training, including how to use equipment such as ladders, scaffolds and platforms to prevent fall protection; how to operate dangerous machinery; how to perform first aid; and how to handle hazardous materials.

Employers and employees can complete mandatory health and safety training in several ways: in a classroom with an instructor, via online courses at their own pace, or with a mentor, Curtis said. A less formal method could involve a worker demonstrating a safe operating procedure to show their competency with a task.

“Employers in Canada should take a step back and look at their workplace and see if hazards apply to their workplace in general, as well as with specific jobs,” said Gayle Wadden, chief legal officer and co-founder of Compliance Works in Toronto. “Then, they can develop an effective health and safety program tailored to their business.”

Safety Committees

Occupational health and safety laws vary by province. Employers in Alberta, British Columbia and Ontario that regularly employ 20 or more workers must establish a health and safety committee, while employers in Saskatchewan and Newfoundland and Labrador are required to form a committee once they hire their 10th worker.

“Health and safety committees help support communication between workplace parties, identify hazards and make recommendations for improving occupational health and safety programs,” Curtis said.

Currently, Quebec restricts health and safety committee requirements to specific industries such as manual labor, Wadden said. An updated law expected to be phased in this year will expand Quebec’s committee requirements to apply to all employers with at least 20 workers. 

Right to Refuse Unsafe Work

Employees in Canada can refuse to perform work if they have reason to believe the task is unsafe or dangerous to themselves or others, according to the Canadian Center for Occupational Health and Safety, a government agency.

Each jurisdiction has a procedure that employees must follow when refusing work, Wadden said. Often these procedures include: 

  • A worker notifying a supervisor about their concern and their refusal to work.
  • The employer then conducting an internal investigation to determine whether there is a hazard.
  • If the matter isn’t resolved—or a worker thinks a hazard still exists—an external investigation taking place.

While waiting for an inspector, an employer may assign a worker to alternate duties they are trained and qualified to perform, Curtis said. An inspector will investigate the work refusal, make a written decision about any corrective actions and then issue directions to an employer. The worker will then return to that task after the corrective actions are implemented or when an inspector deems the activity safe.

“Employers must get a health and safety representative involved to see why a task is unsafe,” Zoleta said. “The worker is a part of that journey. They will also be participating in the investigation.”

HR’s Role in Health and Safety

Human resources professionals are responsible for ensuring Canadian companies comply with ever-changing rules and regulations about health and safety, said Ryan Conlin, an attorney with Stringer in Toronto.

Large employers with additional health and safety requirements—such as those in manufacturing or construction—may have a specific team that oversees many of HR’s roles in promoting workplace safety, Wadden added.  

In smaller organizations, HR oversees a work environment’s health and safety by:

  • Creating a culture of open communication by letting workers know they can speak up about health and safety issues if they arise.
  • Organizing an appropriate health and safety representative or committee as required by law.
  • Ensuring all employees receive safety training and integrating the training process during onboarding.
  • Keeping detailed records of training and workplace injury logs.

HR’s support of employee health and well-being may also go beyond legal compliance and involve the promotion of flexible work arrangements, fitness programs, stress management and employee assistance programs.

“HR sets the expectations of health and safety in the workplace,” Zoleta said. “They help communicate the importance of health and safety to employees, and then document for them how to perform their roles safely.”

Catherine Skrzypinski is a freelance writer based in Vancouver, B.C.

Employment Law & Compliance
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