Mining Health, Safety and Prevention Review

The Internal Responsibility System Working Group

An Overview

Megan Waqué, WSN

Fergus Kerr, OMA

John Perquin, USW

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Mining Health, Safety and Prevention Review

The IRS working group

Statement of work

Background

Analysis

Findings

IRS working group recommendations

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IRS Working Group

Working group members included,

Shannon Campbell, Glencore

Nancy Hutchison, Ontario Federation of Labour

Dwayne Plamondon, WSN (Facilitator)

Megan Waqué, WSN (Facilitator)

Cam Mustard, Institute for Work and Health (Resource)

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IRS Working Group

Statement of Work

To conduct research and solicit advice from subject matter experts to

identify best practices in the IRS processes, which could be applied to enhance IRS in the workplace

Part of the analysis will include seeking stakeholder views on behaviour based safety programs specifically limited to their effect on the IRS

To explore how contract workers are included in the health and safety system

Recommend strategies for improving the IRS in the Ontario Mining Sector

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IRS Working Group

Methodology for working groups:

Background

Analysis

Findings

Recommendations

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IRS Working Group - Background IRS introduced by Dr. James Ham in 1976

The components of the IRS are in the Occupational Health and Safety Act.

IRS is the sum of employer duties, worker rights and duties, committee/health and safety representative rights/roles and enforcement responsibilities prescribed therein

Study in 2000 – The Internal Responsibility system in Ontario Mines (Plummer, Strahlendorf and Holliday)

Concept of the “IRS Triangle” (Strahlendorf), used by IHSA, PSHSA and WSN - not endorsed by labour

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IRS Working Group - Analysis

Literature review of past mining commissions

Review of WSN’s IRS audit reports

Review of public consultations and submissions

Legislative review of OHS legislation relating to IRS in all provinces and territories

Presentations from 31 subject matter experts

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IRS Working Group - Findings Fifteen themes identified by working group:

Defining the IRS Acts of reprisal Psychosocial hazards

Safety Culture Contractors Joint H/S committees

MOL enforcement Training Unions

Worker representation Vulnerable workers Behaviour based Safety Programs

Precautionary principle Worker rights Recommendations

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IRS Working Group - Recommendations

Recommendations of the working group were focused in four areas:

Increase enforcement

Increase feedback loops

Increase safety knowledge throughout the mining industry

Areas for further investigation

Note: recommendations were consensus unless otherwise noted

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Increased enforcement

Issue of repeat orders

Review of all critical incidents and identification of root cause

Development of mine specific hazard management plans

Third-party audits of hazard management plans every 30 months

Enforcement of compliance with hazard management plans

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Increased enforcement

Adoption of the precautionary principle (Labour recommendation)

WSN to hold forums to discuss best practices in hazard mitigation (Employer recommendation)

MOL to develop minimum standards for H/S programs and policies. Prohibit “behaviour based safety systems” (Labour recommendation)

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Increase feedback loops

Mining operations with 50 or more employees to have at least one full time worker representative

Contractors with 20 or more employees to have a worker representative on the mine’s JHSC

(Labour recommendation)

Contractors with 20 or more employees to have a crew representative interact with the mine’s JHSC

(Employer recommendation)

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Increase feedback loops MOL reconsider their position on investigation and

enforcement of reprisals under Section 50 of the Act

(Employer recommendation)

MOL inspectors to investigate and enforce all aspects of the “No reprisals” language under Section 50 of the Act

(Labour recommendation)

Develop an audit to assess the ability of workers to exercise their rights. Confidential surveys, anonymous reporting systems, etc.

(Labour recommendation)

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Increase safety knowledge

All mines to file contact information for site safety leadership within an MOL database (to include worker reps., JHSC members, etc.)

MOL to distribute information on fatalities, critical injuries and unusual occurences to the contact list, within 10 days

MOL to send information such as hazard alerts or safety recalls

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Increase safety knowledge

MOL to develop a clear and understandable definition of the IRS.

(Employer recommendation)

MOL not attempt to develop a definition of the IRS

(Labour recommendation)

MOL to publish a guideline of Best Practices for an effective IRS

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Areas for further investigation

Behaviour based safety programs

Coroner’s inquest’s analysis

Incentive programs, impact on H/S

Working alone issues

Hours of work

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Quote from the working group report,

The working group recognise that if Ontario’s mines have strong worker and employer participation, the IRS can be effective in identifying, controlling and eliminating hazards and preventing work-related injury, illness and fatalities.

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