Working Safely

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Outline

Introduction

A) Direct and indirect costs and losses associated with workplace incidents / accidents

B) The human impact of workplace accidents

C) Adopt the internal responsibility system

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How well do you know your Health & Safety obligations?

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Did you know…

You are three times more likely to be hurt on the job than in a traffic accident?

Workplace injuries to new and young workers are four times more likely to occur during their first month of employment than at any other time?

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Our society believes…

61% Canadians believe that workplace accidents are part of the job (Ipsos-Reid)

69% of New Brunswickers believe that workplace accidents are part of the job

76% of Canadian employers believe accidents are caused by worker inattention

There is a disconnection of real safety culture from stated safety culture

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Workplace safety - What is happening nationally

CCOHS 2007:

In 2005, 16.17 million Canadian employees:• 337,930 injuries• 1,097 deaths

Human Resources & Social Development Canada, April 2007:

• Total compensation paid to victims of workplace accidents – over $8 billion

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Workplace injuries

In New Brunswick

2004 2005 2006 2007

Lost time claims 5,750 6,289 6,025 6,135

No-lost time claims 5,594 5,606 5,892 5,674

Work related fatalities 9 13 9 8

Number of serious accidents investigations**

129 129 115 176

** Serious accident investigations includes fatalities, crushing injuries, loss of vision in at least one eye, fractures (excluding fingers and toes), and any injury requiring hospital admission as an in patient (amputations, burns, etc.)

Statistical indicators from WorkSafeNB Report to stakeholders 2005, 2006 & 2007

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Canada vs. New Brunswick(workers between the ages of 15-24)

1 fatality per year 1,215 no-lost time claims 1,222 lost-time claims

(which is the equivalent to the entire student population of a large high school)

110,000 young workers are injured on the job every year

Injured young people represent one in every four injured workers in Canada.

*Think about it - an entire high school is ‘injured on the job’ every year in New Brunswick

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Where are injuries occurring?

In New Brunswick, the top 5 workplaces where injuries/accidents to workers aged 15 – 24 occur:

1.Restaurants

2.Sawmills

3.Meat industry

4.Supermarkets / grocery stores

5.Fish industry

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What are the direct and indirect costs and losses associated with workplace incidents

/ accidents?

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Direct versus indirect costs

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Iceberg effect…accidents cost money

Insured Costs• Medical • Compensation

Uninsured Costs• Building damage

• Tool and equipment damage• Product and material damage• Hiring and training replacements• Investigation time

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The financial costs

It is estimated that the cost to Canadian employers (disability & medical)

exceeds $16 billion each year “Staying @ Work 2002/2003. Building on Disability Management.” Watson Wyatt

Worldwide, p.1.

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The cost of employee absence

“The cost of losing and replacing an employee can range from 50% to 150% of his or her annual

salary”. Redesigning Work. Pat Chisholm, D’Arcy Jenish, Julian Beltrame, John Demont.

MacLean's Vol.114, Issue 10.

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Legal costs

Occupational Health & Safety Act (sec. 47(1))

“Every person who violates or fails to comply with any provision of this Act or the regulations or fails to comply with an order made under this Act or the regulations, commits an offence and is liable on conviction

(a) To a fine of not more than $250,000, or

(b) To a term of imprisonment not exceeding six months, or to both.”

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The costs to an individual workplace

Although some may consider costs to be solely associated with a dollar amount, the impact of a workplace injury also results in:

Mistrust in the management system Employee motivation and job satisfaction

diminishes and may eventually vanish Employees who perceive their workplace as

a an “uncaring” institution are 40% more likely to find a reason to miss work.

Why does this matter?

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Impact of workplace accidents…the human cost

Impact of accidents, disease and disability is substantial for employees and their families

Employees face issues related to: isolation, reduced abilities, quality of life relationships with others personal sense of self reduced levels of income, benefits and job

security possible addiction dependency

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Human Costs cont…

Specially equipped vehicles to assist in daily transportation for an injured employee (including wheelchair accessibility)

Psychological trauma from injury resulting in conditions such as insomnia, nightmares, chronic pain, learning to use and cope with prosthetics,

Paralysis, self-blame and guilt

Overall lifestyle change – learning to live again

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Human Costs cont…

• Withdrawal/isolation from family, friends, colleagues

• Complications from injuries resulting in extended physiotherapy, consultations and appointments to doctors, surgeons, specialists, and other medical services

• Renovations, remodeling expenses to home to accommodate wheelchairs, walkers and other assisted devices

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Adopt the internal responsibility system

Responsibility for Health & Safety?

Internal Responsibility System (IRS): I’m responsible…

Due Diligence (DD) is the key: How far I have to go with my responsibilities

and how can I show I did…

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Internal responsibility system

The internal responsibility system places an onus on everyone -- the employer,

supervisors and workers -- to ensure that the workplace is safe and in compliance with occupational health and safety legislation.

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Concentration of responsibility

While more than one person may have an obligation, the greater your control over the situation, the

greater your accountability.

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One must prepare for risks which are objectively foreseeable…those risks that a reasonably insightful person can foresee from within a company’s operation.

Due diligence does not, therefore, require one to take every possible measure to protect against merely speculative dangers.

Foreseeability

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1. The gravity of the potential harm

2. The likeliness (probability) of harm

3. The skill required

4. The control that the person had in this situation

5. The availability of alternatives

6. The precedents

It depends on the circumstances…

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Legal issues

Occupational Health and Safety Legislation (minimum standards)

- Liability for the organization as a whole

- Liability of the organization because of an identifiable individual’s action attributable to the organization (supervisor)

- Liability of individuals

- Liability for contract workers

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Three standards of proof

1. Absolute Liability

2. Criminal Liability

3. Strict Liability

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Absolute liability

This is easiest for the Crown and hardest for the Defence’’. There is no defence available. If you did the act, you are guilty. No mental element is required.

Once the Crown has proven that the defence committed the offence, the judge will make a finding of guilty.

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Criminal liability

This is the hardest for the Crown to prove and easiest for the accused to defend. It is necessary for the Crown to prove intention to commit the crime. The standard of proof is beyond a reasonable doubt.

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Strict liability

The Crown must prove the accused committed the prohibited act. Then the burden shifts and the accused seeks an acquittal based on a defence of Due Diligence, which means that all reasonable care was taken.

Strict liability is no harder for the Crown to prove than Absolute liability. The Crown must prove the accused did the Act. That is all. No requirement for intention. The standard is easier for a defendant. If they can prove Due Diligence, they will be acquitted.

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Due diligence as a defence

Employers must establish that all reasonable precautions were taken to avoid committing the offence.

It is not sufficient to simply act reasonably in the abstract or to take care in a general sense.

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• The Crown must prove that the accused committed the prohibited act...

• Then the burden shifts...

• The accused can seek an acquittal based on a defense of due diligence.

Due diligence

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Proving due diligence

Establish a proper and adequate health and safety management system that defines the organization’s health and safety responsibilities.

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What is a proper and adequate system?

Several factors must be present:

- Instruction, training and orientation programs

- Training and sufficiency of supervisory personnel

- Continual review of elimination or control hazards

- Policies and procedures in place

- An effective discipline system for breaches of legislative standards and internal policies and

procedures

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Workplace legislation

Occupational Health & Safety Act General application of all workplace legislation Outlines duties and responsibilities of

employees and employers Enforcement is through the WorkSafeNB H&S

Officers

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Regulations

Work-specific standards

Some examples: General (91-191) WHMIS (88-221) Working Alone (92-133) First Aid (2004-130)

Everyone has a role to play

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Safety is the state of mind by which people are constantly made aware of the possibility of injury.

We must develop a safety “mindset”

where we are always thinking of our safety and the safety of others = culture!

Safety is…

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Workplace safety is a right!

It’s also a responsibility….

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Questions