Understanding Occupational Health And Safety In Saskatchewan

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Understanding Occupational Healthand Safety in Saskatchewan2015saskatchewan.ca/work

PLEASE NOTEThe original legislation should be consulted for all purposes ofinterpretation and application of the law.

Table of ContentsIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Occupational Health and Safety Legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Who OHS Legislation Covers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Working Age and Age Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Occupational Health and Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Health and Safety Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Right to Know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Right to Participate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Right to Refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Health and Safety Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Duties of Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of Workers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of Supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of Self-Employed Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of Prime Contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of Suppliers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56667788Occupational Health Committees & Worker Health and Safety Representatives. . 9Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Training for Workers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Training for Supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Training for OHCs and Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Programs and Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Occupational Health and Safety Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Violence Policy Statement and Prevention Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13Harassment Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15Reporting Serious Injuries, Fatalities and Dangerous Occurrences. . . . . . . . . . . . 17Serious Injuries or Fatalities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17Dangerous Occurrences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Safety Information Management System (SIMS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Asbestos and the Asbestos Registry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Asbestos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19Safely Handling and Removing Asbestos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Saskatchewan Asbestos Registry of Public Buildings . . . . . . . . . . . . . . . . . . . . . . . . . .20How to Register and Submit Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20How to Search the Registry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Enforcement and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Compliance Undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Notice of Contraventions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22Stop Work Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Summary Offence Tickets (SOTs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Persons Who Can Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Timeframe for Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Appealing an Officer’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26Appealing the Director’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Appealing an Adjudicator’s Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Appendix A: Table 7 of The Occupational Health and SafetyRegulations, 1996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Appendix B: How to Read OHS Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30How to Read the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30How to Read the Regulations:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Occupational Health and Safety DivisionIntroductionThis document provides simple explanations about the legislated requirements foroccupational health and safety. It will help employers and workers better understand theirrights and responsibilities for preventing injuries and illnesses in the workplace.Occupational Health and Safety LegislationMost workplaces in Saskatchewan are provinciallyregulated. The legislation that deals with occupationalhealth and safety in these workplaces is as follows: The Saskatchewan Employment Act (the Act); and The Occupational Health and Safety Regulations,1996; The Mines Regulations, 2003; and The RadiationHealth and Safety Regulations, 2005.The Act outlines the general, legislated safety standardsand requirements for occupational health and safety inSaskatchewan, whereas the regulations give detailedprovisions about how to meet the requirements of the Act.Employers are requiredto have a copy of TheSaskatchewan EmploymentAct and regulationslocated where workers andmanagement can referencethem at all times. See sometips about how to read anduse the OHS legislationin Appendix B.The Act and the various regulations, noted above, make up what is commonly referred to asSaskatchewan’s OHS legislation.Who OHS Legislation CoversCertain workplaces in Saskatchewan are regulated federally by The Canada Labour Code.Federally regulated businesses and industries are as follows: banks; marine shipping, ferry and port services; air transportation, including airports, aerodromes and airlines; railway and road transportation that involves crossing provincial or internationalborders; canals, pipelines, tunnels and bridges (crossing provincial borders); telephone, telegraph and cable systems; radio and television broadcasting;Understanding Occupational Health and Safety in Saskatchewan1

Occupational Health and Safety Division grain elevators, feed and seed mills; uranium mining and processing; businesses dealing with the protection of fisheries and natural resources; many First Nation activities; most federal Crown corporations; and private businesses necessary to the operation of the federal act.Working Age and Age RestrictionsOccupational Health and SafetySee The Occupational Health and Safety Regulations, 1996, subsections 14(1) & (2).To prevent youth from working in occupations with high rates of injury or hazards, TheOccupational Health and Safety Regulations, 1996 lists workplaces where no persons underthe ages of 16 or 18 years can be employed or permitted to work.Workers under 16 cannot work: on a construction site; at a pulp mill, sawmill or woodworkingestablishment; at a smelter, foundry, refinery or metalprocessing or fabricating operation; in a meat, fish or poultry processing plant; in a confined space (such as a manhole); in a forestry or logging operation; on a drilling service rig; as an operator of powered mobile equipment(e.g., a forklift, crane or hoist); where exposure to chemical or biologicalsubstances could endanger their health andsafety; and in power line construction or maintenance.Inexperienced youngworkers are more likely to gethurt on the job and have moreproblems being paid properly thanothers. The Young Worker ReadinessCertificate Course teaches youth thebasics about workplace health andsafety and the rules for fair pay andworking conditions. It containsimportant information they needto know before entering thejob market.Workers under 18 cannot work: underground or in an open pit at a mine; as a radiation worker; in an asbestos process; in a silica process; and in any activity that requires the use of an atmosphere supplying respirator.2saskatchewan.ca

Occupational Health and Safety DivisionHealth and Safety RightsSee Act, Part III, Divisions 3, 4 & 5.OHS legislation is designed to protect workers from being injured on the job or sufferingillness from unhealthy work environments.Workers have three basic health and safety rights. They are: the right to know the hazards at work and how to control them; the right to participate in identifying, assessing, eliminating and controlling workplacehazards; and the right to refuse work they believe is unusually dangerous to themselves or others.An unusual danger could be: a danger that is not normal for the job; a danger that would normally stop work; and a situation that a worker isn’t trained, equipped or experienced to deal with properly andsafely.Right to KnowWorkers have the right to know about the hazards of their joband how to control and handle them safely. A hazard is anyactivity, situation or substance that could harm a worker. Workersshould ask about the hazards at their workplace. For example, theemployer of a server in a restaurant must explain to this serverhow to: handle compressed gas cylinders used with soft drinkdispensers; use and clean various tools associated with food services; and prevent repetitive strain and back injuries.If your employerdoesn’t tell youabout the hazardsof your job, just ask!There is no suchthing as a stupidquestion.Right to ParticipateWorkers have the right to participate in health and safety at work. Workers can: help identify and correct hazards; serve on an occupational health committee (OHC); and/or serve as a worker health and safety representative.When a worker has a health and safety concern (or has discovered a hazard they don’t havethe authority to correct), they should speak to their supervisor. If the worker can’t resolvethe issue with the help of their supervisor, the worker can re-direct the problem to the workplace’s OHC or representative.If a concern is not addressed through these methods, an employee can contact the OHSDivision directly by calling 1-800-567-7233.Understanding Occupational Health and Safety in Saskatchewan3

Occupational Health and Safety DivisionRight to RefuseSee Act, section 3-31.A worker has the right to refuse to do any specific job or task whichthey have reasonable grounds to believe is unusually dangerous tothemselves or to other workers.Note: Workers can’t refuse as a group. The right to refuse is anindividual workers’ right.Under the Act, workers who use their right to refuse are legallyprotected. That is, an employer can’t fire or discipline a worker whorefuses to do unusually dangerous work.Knowingand exercisingyour right torefuse unusuallydangerous workcould save yourlife!Steps to Refuse Unusually Dangerous WorkA worker should never do work that they aren’t trained, equipped or experienced to do.Workers should follow these steps to refuse work they believe is unusually dangerous.1. Tell your employer/supervisor that you are refusing the specific job or task because of ahealth or safety concern.2. Your employer/supervisor can re-assign you to a different job or task until the workrefusal is resolved. Don’t leave the worksite without your employer’s permission.3. If you can’t resolve your concern with the employer/supervisor, contact your OHC orrepresentative4. If the concern can’t be resolved within your workplace, contact an Occupational Healthand Safety Officer at the OHS Division at 1-800-567-7233. When you call, ask for theDuty Officer. The Duty Officer is an Occupational Health and Safety Officer who isassigned to answer the public’s questions about the OHS legislation via telephone ore-mail.4saskatchewan.ca

Occupational Health and Safety DivisionHealth and Safety ResponsibilitiesSee Act, sections 3-8 to 3-15.In the workplace, health and safety is a shared responsibility. All workplace parties areresponsible for ensuring healthy and safe working conditions to the extent of their authority,knowledge and ability.In OHS legislation, there are: duties of employers; duties of workers; duties of supervisors; duties of self-employed persons; duties of contractors; duties of prime contractors at certain multi-employer worksites; duties of owners; and duties of suppliers.Duties of EmployersEmployers have the most care and control in the workplace, andtherefore have the most responsibility for health and safety.An employer is a person/business who operates a place ofemployment and employs the service of one or more workers.An employer’s health and safety duties include:Employersare required tomeet the minimumhealth and safetyrequirementsdescribed in theOHS legislation. understanding and following health and safety requirements inthe OHS legislation; ensuring the health, safety and welfare of workers; making sure that managers and supervisors are trained, supported and held accountablefor fulfilling their workplace health and safety responsibilities; ensuring workers have the information, training, certification, supervision andexperience to do their jobs safely; providing medical/first aid facilities as needed; and ensuring workers are not exposed to harassment in the workplace.Understanding Occupational Health and Safety in Saskatchewan5

Occupational Health and Safety DivisionDuties of WorkersWhile at work, workers have a responsibility to work and act safely.A worker is an individual, or supervisor, who is engaged in the service of an employer.A worker’s health and safety duties include: understanding and following health and safety requirements outlined in the OHSlegislation; using safety equipment, machine guards, safety devices and personal protectiveequipment; cooperating with anyone exercising a duty imposed by occupational health and safetylegislation; and not causing or participating in the harassment of others in the workplace.Duties of SupervisorsSupervisors are the individuals who have the authority tooversee the work of others at a place of employment.A supervisor’s health and safety duties include: ensuring the health and safety of workers who workunder the supervisor’s direct supervision and direction; co-operating with anyone exercising a duty imposed byoccupational health and safety legislation; understanding and following health and safetyrequirements in the occupational health and safetylegislation; and ensuring that workers under their direct supervisionare not harassed.Encouraging workersto bring their health andsafety concerns forward andworking together to resolveconcerns will help supervisorsfulfill their duty to keep theworkplace healthy and safeand, in turn, prevent costlyinjuries and illnesses.Duties of Self-Employed PersonsA self-employed person is anyone engaged in an occupation, but works for him/herself anddoes not employ others.A self-employed person’s health and safety duties include: knowing and complying with the health and safety requirements in the OHS legislation; co-operating with anyone exercising a duty imposed by occupational health and safetylegislation; and conducting their work in a way that does not endanger anyone’s health and safety.6saskatchewan.ca

Occupational Health and Safety DivisionDuties of ContractorsContractors are typically those entities that direct the activities of one or more employers orself-employed persons at a place of employment.A contractor’s health and safety duties include: ensuring the safety of a workplace or work process where the contractor has a degree ofcontrol; posting any notice required by occupational health and safety legislation in aconspicuous place; and knowing and complying with health and safety requirements in OHS legislation.Duties of Prime ContractorsCertain multi-employer worksites will be required to have a Prime Contractor, while otherswill not.A Prime Contractor is required if: there are 10 or more self-employed persons or workers under the direction of two ormore employers; and the work concerns in the following industries:¾¾ construction (excluding construction or renovation to residential dwellings consistingof four or less units);¾¾ forestry; and¾¾ oil and gas.The Prime Contractor will also have prescribed activities (roles and responsibilities). Theduties include, but are not limited to: identifying and informing employers and self-employed persons about hazards for whichthe Prime Contractor is responsible; ensuring insofar as reasonably practicable that the employers or self-employed personsat a worksite eliminate hazards identified by the Prime Contractor before activities oroperations begin on the worksite and after they have commenced; ensuring that the employers of self-employed people at a worksite reduce or controlhazards that cannot be reasonably eliminated; ensuring that the contact information of the prime contractor is posted in a conspicuouslocation at the worksite; ensuring that all activities at the worksite that may affect health and safety arecoordinated; ensuring, as far as reasonably practicable, that all employers and self-employe

Understanding Occupational Health and Safety in Saskatchewan 3 Occupational Health and Safety Division Health and Safety Rights See Act, Part III, Divisions 3, 4 & 5. OHS legislation is designed to protect workers from being injured on the job or suffering illness from unhealthy work environments. Workers have three basic health and safety rights.

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