The Occupational Health and Safety Act and Regulations state that where ten or more workers are employed at a workplace, the employer must establish and maintain an occupational health and safety (OHS) program.
An OHS Program is a process to manage health and safety issues in the workplace. It prevents injury, illness and property damage and decreases the associated human and financial costs. An effective OHS Program creates a positive health and safety culture.
What are the key elements of an Occupational Health and Safety Program?
Leadership and Administration
Occupational Health and Safety Committees
Education and Training
Communication
Safe Work Practices and Procedures
Hazard Recognition, Evaluation and Control
Workplace Inspections
Accident/ Incident Investigations
Emergency Preparedness
Disability Management
Ergonomics should be incorporated into each program element.
Duties of Employers and Workers in OHS
Employers and employees have a personal responsibility and accountability for workplace health and safety. This is also referred to as an Internal Responsibility System (IRS). Employers are responsible for developing safe work practices, providing adequate training and making employees familiar with hazards in the workplace. Employees follow the safe work practices, participate in the training and report hazards.
What are the employers' duties?
Ensure the health, safety and welfare of workers and those not in his or her employ
Maintain a healthy and safe workplace, systems, equipment and tools
Provide information, instruction, training and supervision, including requirements by the OHS Act and Regulations and other associated legislation
Provide operating instructions for using devices or equipment
Ensure workers are aware of hazards
Establish an OHS committee or worker health and safety representative or workplace health and safety designate as required and consult and co-operate with them
Respond in writing to recommendations of the OHS committee, worker health and safety representative or workplace health and safety designate and provide them with periodic written updates on implementation
Make arrangements for and consult with the OHS committee or worker health and safety representative or workplace health and safety designate during workplace inspections
Co-operate with anyone exercising a duty imposed under OHS legislation
Ensure safety clothing, equipment or devices are used
Ensure safety procedures are followed at all times
Notify the Assistant Deputy Minister responsible for OHS of a workplace accident that results in or has the potential to result in a serious injury or death
What are the workers' duties?
Protect his/her health and safety, that of co-workers and others at or near the workplace
Co-operate with employer, co-workers, OHS committee/worker health and safety representative/ workplace health and safety designate, and anyone exercising a duty imposed under OHS legislation
Follow instructions and training
Report hazardous conditions
Properly use all safety equipment/devices/clothing
What are the workers' rights?
Know about workplace hazards
Participate and assist in identifying and resolving OHS issues
Refuse unsafe work
OHS Committee
An occupational health and safety committee is an advisory group made up of management and worker representatives. The committee encourages collaboration between the employer and the worker to address health and safety concerns in the workplace. Committees identify and evaluate concerns, make recommendations for corrective action and promote health and safety in the workplace to reduce accidents and injuries.
Occupational Health and Safety Committee Requirements
A workplace having 10 or more workers must have a committee
A firm that has more than one workplace (i.e. retail company with stores across the province, school board with schools across a district, etc.) must have a separate committee for each location if the number of workers at each location is 10 or more
The committee may consist of two to 12 members
At least half the members shall be elected by workers
The other members shall be appointed by the employer
The committee is to have two co-chairs – one representing management and the other representing workers
A list of committee members shall be posted in a conspicuous place at the workplace
Committee meetings shall be held every three months and during work hours as part of the job
Minutes of meetings are to be posted in the workplace and a copy forwarded to the WorkplaceNL on the prescribed form.
The committee shall participate in workplace inspections
Committee members are to be trained according to legislative requirements. Click here to find training course in your area.
Click here to view the OHS Committee meeting minutes report form.
Worker Health and Safety Representative
A workplace health and safety representative is required in workplaces with fewer than ten employees. A firm with more than one workplace (i.e. retail company with stores across the province, school board with schools across the district etc.) must have worker health and safety representatives at each location that has fewer than ten employees.
The employer must ensure that a worker (not connected with management) is designated as the worker health and safety representative. The representative must be elected by their peers, or appointed by the labour union. The individual’s name is to be posted in a prominent area in the workplace.
What do worker health and safety representatives do?
monitor the health, safety and welfare of workers employed at the workplace
connects the employer and the workers when it comes to addressing health and safety concerns at the workplace
identifies and evaluates concerns
makes recommendations for corrective actions
promotes health and safety in the workplace
participates in workplace inspections
trained as per legislative requirements. Click here to find training course in your area.
Workplace Health and Safety Designate
When a worker health and safety representative is impractical (companies with high turnover or all part-time staff), and the workplace has less than six employees, an employer may appoint a health and safety designate. The workplace health and safety designate can be a worker connected with management. If that is not possible, the employer can be the designate.
The workplace health and safety designate must complete the same training program and perform the same duties as the worker health and safety representative.
