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Occupational Health and Safety Committees. Joint Training Initiative. Introduction. Your name? Your workplace? Member of OHS Committee for how long? Your role as a committee member? Previous OHS training or experience?.

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introduction
Introduction
  • Your name?
  • Your workplace?
  • Member of OHS Committee for how long?
  • Your role as a committee member?
  • Previous OHS training or experience?
action objective
To provide participants with a clear understanding of workplace committee’s members duties in order to be able to effectively perform those duties to reduce or eliminate workplace hazards.Action Objective
learning objective
Learning Objective
  • a) Participants will be able to understand the purpose and legal requirement of Policy and Workplace committees (including Representatives) under the NT/NU Acts
learning objectives
Learning Objectives
  • b) Participants will be able to assume the functions and responsibilities of workplace committees
learning objective1
Learning Objective
  • c) Participants will be able to will be able to use effective communication methods to render their committee efficient
learning objectives1
Learning Objectives
  • d) Participants will be able to develop and implement a work plan aiming at the reduction, elimination and control of workplace hazards
legislative framework
Legislative Framework
  • This module will introduce the concept of Occupational Health and Safety Laws and Regulations: Understanding and interpreting laws and regulations is essential for workplace health and safety committee members.
legislative framework1
Legislative Framework
  • ACT:
    • State general duties, requirements and principles
  • REGULATIONS:
    • Provide specific rules for many circumstances
    • Cannot exceed the general authority of the ACT
reading legislation
Reading Legislation
  • Punctuation:
  • And vs. Or
  • May vs. Shall
  • As prescribe: as prescribed in Regulation
reading legislation1
Reading Legislation
  • 157. (3) (b) (i)
    • 157: section
    • (3): subsection
    • (b): paragraph
    • (i): subparagraph
legislative framework2
Legislative Framework
  • Canada Labour Code, Part II (For Federal Workers)
  • NT/NU Occupational Safety and Health Regulations
  • Criminal Code
legislative framework3
Legislative Framework
  • Collective Agreements
  • Corporate Policies, Codes of Practice, Guidelines, Workplace Procedures
nt nu wscc acts
NT/NU WSCC ACTS
  • Those members who do not fall the under the Canada Code are covered by our Acts which have similar, if not in some cases higher more stringent regulations.
wscc general safety regulations

WSCC General Safety Regulations

Overview of Sections in the Northwest and Nunavut Territorial WSCC Acts

wscc general safety regulations1
WSCC General Safety Regulations
  • Part I – INTERPRETATION
    • Definitions of some of the terms used throughout the regulations
  • PART II – Personal Protective Equipment
slide18
WSCC
  • Part 1
  • Interpretation. 1(1)
  • Application. 2
  • Accident Prevention. 3 (a-h)
wscc general safety act
WSCC General Safety Act
  • PART III – First Aid Service Requirements
  • PART IV – Office Safety
wscc general safety regulations2
WSCC General Safety Regulations
  • PART V – Construction and Maintenance
  • Schedules of Threshold levels
wscc general safety regulations3
WSCC General Safety Regulations
  • Program. 4-37
  • Accident prevention program. 4-8
  • Instructions to Workers. 9-10
  • Equipment and Work Process. 11-12
  • Improper Conduct. 13
  • Persons Working Alone. 14
  • Impaired Persons. 15-16
wscc safety regulations
WSCC Safety Regulations
  • Entry and Exit from Work Areas. 17
  • Illumination. 18-19
  • Restricted Visibility. 20
  • Housekeeping. 23-29
  • Noise Hazards. 30-31
  • Radiation Hazards. 32-34
  • Reporting of Accidents. 35
  • Confined spaces. 36-37
wscc part 111
WSCC Part 111

Personal Protective Equipment

  • General. 38-40
  • Foot ware. 41-42
  • Headgear.43- 45
  • Hand Protection.46- 47
  • Eye Protection. 48-50
  • Flotation. 51
  • Ventilation. 52-54
  • Respiratory. 55-56
  • Safety Belts Harnesses, Lanyards and Lifelines. 57-59
wscc part iv
WSCC Part IV

Office Safety

  • Employers Responsibility. 80
  • Work Areas. 81-87
wscc general safety act1
WSCC General Safety Act
  • Construction and Maintenance
  • Safe Building Construction. 88
  • Handrails and Guard rails. 89-96
  • Guards and Protective Guards. 97-139
  • Maintenance of Machinery and Equipment 141-149
  • Miscellaneous Requirement. 150-153
  • Welding and Burning. 154-167
  • Explosive actuated tools. 168-199
  • Mobile Equipment. 200-214
  • Rollover Protection Structures. 215-242
wscc general safety regulations part v continued
WSCC General Safety RegulationsPART V continued
  • Transporting Materials. 243-245
  • Ladders. 246-259
  • Stages and Scaffolding. 260-327
  • Trestles. 328-344
  • Boatswains Chairs. 345-348
  • Work on roofs. 349-352
  • Construction Procedures. 353-361
  • Industrial chimney and Hoists. 362-378
  • Electrical Installations. 379
legislative recourse overview
Legislative Recourse OVERVIEW
  • Overview of the Legislation that covers all workers in the NWT/NU
need to know
Need to Know

You need to:

  • know the laws your co-workers, and your employer must follow;
  • know your legal rights in the workplace; and
  • know what to do if you are in an unsafe work situation.
what is workplace health and safety legislation
What is Workplace Health and Safety Legislation?

The main laws concerning workplace health and safety are:

  • NWT andNU Safety Acts and Regulations;
  • NWT andNU Mine Health and Safety Acts and Regulations;
  • Canada Labour Code;
legislation
Legislation
  • NWT Employment Standards and NU Labour Standards Act;
  • NWT and NU Human Rights Acts; and
  • Regulations covering Workplace Hazardous Materials Information System (WHMIS)

Most laws in Canada are called Acts.

the nwt and nu safety acts and regulations
The NWT and NU Safety Acts and Regulations

The Acts set out the basic rights and responsibilities of both workers and employers and include the:

  • right to know about workplace hazards;
  • right to participate in workplace health and safety; and
  • right to refuse any unsafe work.
the nwt and nu safety acts and regulations continued
The NWT and NU Safety Acts and Regulations continued…

Other areas covered by the Safety Acts are:

  • Duty of Employer;
  • Duty of Worker;
  • Joint Worksite Occupational Health and Safety Committees;
the nwt and nu safety acts and regulations continued1
The NWT and NU Safety Acts and Regulations continued…
  • Offences by employers, workers and the penalties imposed.
  • Powers and duties of WSCC Safety Officers;
the nwt and nu safety acts and regulations continued2
The NWT and NU Safety Acts and Regulations continued…

The Regulations cover broad subjects like:

  • Workplace Hazardous Materials Information System;
  • Environmental tobacco smoke;
  • Personal protective clothing and equipment;
  • Incident reporting;
  • First Aid service requirements;
  • Office safety; and
  • Construction and maintenance.
what happens if the safety acts and regulations aren t followed
What happens if the Safety Acts and Regulations aren’t followed?

If a WSCC Safety Officer finds an employer or worker not following the ActsandRegulations, they have the power to:

  • order them to comply with the law;
  • issue a stop work order; and/or
  • begin legal proceedings.
what happens if the safety acts and regulations aren t followed continued
What happens if the Safety Acts and Regulations aren’t followed? continued…

Employer, supervisor, or manager:

  • fined up to $500,000 and/or
  • imprisoned for up to 1 year

Worker:

  • fined up to $50,000 and/or
  • imprisoned for up to 6 months

Condoned:

  • if a worker knew about an offence and didn’t report it, they can be fined up to $25,000 and/or
  • imprisoned for up to 1 month
harassment protection
Harassment Protection

POLICIES, GUIDELINES AND LEGAL PROVISIONS THAT PROVIDE US WITH THE RIGHT TO AN HARASSMENT-FREE WORKPLACE

slide38
NWT Human Rights Acthttp://nwthumanrights.ca/wp-content/uploads/2010/01/NWT-Human-Rights-Act-2009.pdf

Prohibited Grounds of Discrimination

 5. (1) For the purposes of this Act, the prohibited

grounds of discrimination are race, colour, ancestry,

nationality, ethnic origin, place of origin, creed,

religion, age, disability, sex, sexual orientation, gender

identity, marital status, family status, family affiliation,

political belief, political association, social condition

and a conviction for which a pardon has been granted

slide39
NWT Human Rights Acthttp://nwthumanrights.ca/wp-content/uploads/2010/01/NWT-Human-Rights-Act-2009.pdf

Employment

7. (1) No person shall, on the basis of a prohibited

ground of discrimination,

(a) refuse to employ or refuse to continue to employ an individual or a class of individuals; or

(b) discriminate against any individual or class of individuals in regard to employment or any term or condition of employment.

slide40
NWT Human Rights Acthttp://nwthumanrights.ca/wp-content/uploads/2010/01/NWT-Human-Rights-Act-2009.pdf

Harassment

Harassment 14. (1) No person shall, on the basis of a prohibited ground of discrimination, harass any individual or class of individuals

(a) in the provision of goods, services, facilities or accommodation;

(b) in the provision of commercial premises or residential accommodation; or

(c) in matters related to employment.

slide41
NWT Human Rights Acthttp://nwthumanrights.ca/wp-content/uploads/2010/01/NWT-Human-Rights-Act-2009.pdf

(2) In subsection (1), "harass", in respect of an individual or class of individuals, means engage in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome by the individual or class

collective agreement
Collective Agreement

Article 32.01 Discrimination

The Employer and the Union agree that there shall be no discrimination, interference, restriction, harassment or coercion exercised or practiced with respect to any employee by reason of age sex, race, colour, creed, national or ethnic origin, marital status, family status, sexual orientation, disability, gender identity, conviction for which a pardon has been granted, religious or political affiliation, or any other grounds proscribed by applicable legislation, by reason of Union membership or activity, nor by exercising their rights under the collective Agreement.

collective agreement1
Collective Agreement

Article 51 Sexual Harassment

51.01 …Every employee has the right to freedom from harassment in the workplace because of sex by his/her Employer or agent of the Employer or by another employee.

collective agreement2
Collective Agreement

Article 40 Safety and Health

40.01 …The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees…

nwt and nu safety acts and regulations
NWT and NU Safety Acts and Regulations

The duty of the employer is to:

a)Maintain the workplace so the health and safety of workers and others is not likely to be endangered;

b)Take all reasonable precautions, and adopt and carry out all reasonable techniques and procedures to ensure the health and safety of every person in the workplace;

nwt and nu safety acts and regulations1
NWT and NU Safety Acts and Regulations

The Duty of the worker is to:

a) Take all reasonable precautions to ensure his or her own safety and the safety of other persons in the workplace.

nwt nu workers compensation act
NWT NU Workers’ Compensation Act

Policy 03.09 – Psychiatric and Psychological Disability –

outlines how the WCB will accept and compensate for claims for psychiatric and psychological disability.

A worker may experience an event or series of events which leads to mental stress and psychiatric or psychological disability.

The event must satisfy criteria of work-relatedness, trauma and objective verification.

To be compensable, the psychiatric or psychological disability must result from physical or emotional reactions to workplace trauma and be diagnosed by a psychiatrist or psychologist.

nwt nu workers compensation act1
NWT NU Workers’ Compensation Act

Work-related traumatic events do not include the usual pressures and tensions reasonably expected by the nature of the worker’s occupation and duties.

Section 12(b) of the Workers’ Compensation Act states that no person is entitled to compensation for mental stress arising out of labour relations between the worker and employer, including mental stress caused by wrongful dismissal, unless the act or omission was made with intent to harm the worker.

gnwt harassment free and respectful workplace policy
GNWT Harassment Free and Respectful Workplace Policy

Scope

1) This Policy applies to every employee in the public service of the GNWT, except the NWT Power Corp. The Policy applies to workplace harassment that occurs at or away from the work place during or outside working hours within the context of the employment relationship.

2) This policy and resolution process does not apply to complaints from clients or public …

gnwt harassment free and respectful workplace policy1
GNWT Harassment Free and Respectful Workplace Policy

Policy Statement

The GNWT recognizes the diversity of the Northwest Territories’ public service and is committed to providing work environment where every employee is treated with fairness, dignity and respect. …

gnwt harassment free and respectful workplace policy2
GNWT Harassment Free and Respectful Workplace Policy

Policy Statement cont ..

The Northwest Territories’ Human Rights Act provides every person in the workplace the right to freedom from harassment that is related to … (re: grounds of discrimination in the Act)

The GNWT also recognizes other types of workplace harassment that affect an employee’s dignity, not covered by prohibited grounds under the Human Rights Act.

gnwt harassment free and respectful workplace policy3
GNWT Harassment Free and Respectful Workplace Policy

Policy Statement cont …

Harassment in any form is unacceptable behaviour and will not be tolerated. The GNWT is committed to providing a work environment where there is respect amongst employees and to facilitating the resolution of workplace harassment complaints.

gnwt harassment free and respectful workplace policy4
GNWT Harassment Free and Respectful Workplace Policy

Principles

The GNWT will adhere to the following principles when implementing this Policy:

1) All employees in the NWT public services have the responsibility to respect the rights of others and prevent incidents of harassment in the workplace.

2) Nothing in this policy reduces the responsibility of employees and managers to address inappropriate conduct in the workplace, regardless of whether or not a complaint has been made.

gnwt harassment free and respectful workplace policy5
GNWT Harassment Free and Respectful Workplace Policy

4. Definitions / Workplace Harassment

Means any behaviour that satisfies one or more of the following definitions as defined in this policy (see page 4 of Policy)

Abuse of Authority …

Harassment …

Personal Harassment …

Sexual Harassment …

gnwt guide to applying the harassment free and respectful workplace policy
GNWT Guide to Applying the Harassment Free and Respectful Workplace Policy

Introduction

The GNWT is committed to creating and maintaining a respectful workplace free of harassment and where all individuals are treated with fairness, dignity and respect…

gnwt guide to applying the harassment free and respectful workplace policy1
GNWT Guide to Applying the Harassment Free and Respectful Workplace Policy

Workplace Harassment

The GNWT recognizes that conflicts occur, and the Harassment Free and Respectful Workplace Policy is not meant to interfere with everyday work interactions where some conflict is normal. Every employee is expected to demonstrate behaviour that creates and maintains a respectful workplace and to resolve issues in a manner that contributes to a healthy, productive, workplace.

workplace hazardous materials information system whmis
Workplace Hazardous Materials Information System (WHMIS)

WHMIS is a Canada-wide information system that:

  • deals with the handling, use, storage, and disposal of hazardous materials.
whmis
WHMIS
  • applies to employers and workers that store, handle, and dispose of controlled products at a workplace.
whmis1
WHMIS
  • It is important to note that the WHMIS and Dangerous Goods protocols are being revised.
  • This was to be done last year but has been delayed.
  • Once in place retraining will be required for all workers.
rights and responsibilities
Rights and Responsibilities
  • This module will introduce the concept of Accountability and Responsibility in OHS Roles and Responsibilities within Organizations. It will also outline OHS Responsibilities in the Organization.
some key statistics
World:

270 million - workplace accidents / year

160 million - occupational diseases / year

Canada:

Close to 1 million claims / year

Close to ½ include lost time

1000 fatalities / year

Social impact

Lifes changes for ever

Health, family, social, career

Some key statistics
internal responsibility system
Internal Responsibility System
  • Canadian OHS law rests on the Internal Responsibility System
    • What does it mean?
how is the irs suppose to work
Workplace parties are more knowledgeable and have a greater vested interest regarding hazards that may exist in the workplaceHow is the IRS suppose to work?
slide65
The Internal Complaint Resolution Process must be used before other legal redress found in the OHS Legislation.IRS
irs and the employer
Provide a healthy workplace

Set up programmes and procedures

Provide all workers with:

Information

Instruction

Training

Supervision

Fix problems

Work with joint workplace committee

IRS and the Employer :
irs and the worker
Look after our OHS

Look after co-workers’ OHS

Follow established procedures

Report

Hazards

Symptoms

Use our rights

Take action to get problems fixed

IRS and the Worker :
irs and the government
Regulator: Enforce Law

Prepare and implement new laws through a consultation process

Take those disobeying the law to court

IRS and the Government :
rights and responsibilities1
Rights and Responsibilities

Employer Obligations

  • Workshop A: Employer Responsibilities - Hand out 2 from PSAC Learning activity 5 – Part I Article 3-37 WSCC Safety Regulations: Duties of Employers.
duties of employers
Provide Employees with:

Information – hazards

Training

Instruction

Supervision

Safety Materials – P.P.E. – Maintenance

Investigating – Recording – Reporting

Comply with Directions

Duties of Employers
rights and responsibilities2
Rights and Responsibilities

Duties of Employees

  • Workshop B: Hand out 3 from PSAC Learning activity 5 – Section 5 (a-b) WSCC Act: Duties of Employees
employee s obligations
Use Safety Materials & P.P.E.

Follow Procedures

Reasonable precautions for their safety – anyone else

Cooperate

Report Hazards: Work Place & Work Activity

Report Accidents

Report Contravention

Employee’s Obligations
workplace participation
Workplace Participation
  • This module will introduce the concept of joint participation in workplace occupational health and safety issues. The role and responsibilities of Workplace committees are addressed. Participants will understand that workers and employers must participate together to identify, communicate and resolve occupational health and safety issues.
workplace participation1
Workplace Participation

Workshop C:

  • Handout Scenario (Enforcement) 1 to 3 in chapter 5, learning activity La1 (CLC course), create three (3) small groups and ask each group to answer all three (3) scenarios. Each group to identify a reporter who will report back to the whole group.
h s policy committees
It is the pivot of the Internal Responsibility System and the commitment towards a joint decision making mechanism

The objective of the Committee is to ensure that H&S issues be settled by the head of the organization.

H&S Policy Committees
policy committee
Assist in the development of Policies and Programs

Deal with matters raised by members and referred by a Work Place Committee – Representative

Participate in the development and monitoring: prevention and education

Participates in inquiries, studies, investigations and inspections

Monitor data on work accidents, injuries and health hazards

Participate in the development and monitoring: P.P.E., Clothing, Devices, Materials

Participates in the planning of the implementation, and the implementation, including work processes and Procedures

Policy Committee
workplace participation2
Workplace Participation

Workshop D

  • Distribute Handout 3 from PSAC learning activity 7 for workplace committee: workshop.
  • Option a) if large group, create small groups who will work on a few paragraph each. Have a reporter to report on a few paragraphs and move to the next.
  • Option b) is small group, have the whole group work together and ask participants to report back after having time to work together.
workplace participation3
Workplace Participation

Workshop E

  • Distribute Handout chapter 3 –LA2 (CLC course).
  • How: Facilitate a group discussion. Ask a participant to read out loud Scenario 1: facilitator to read the questions. Ask participants to take five (5) minutes to read the Canada Labour Code sections identified under this scenario and to discuss with the person sitting next to them (facilitator identifies (1,2; 1,2; 1,2; etc.)).
  • Then facilitate a group discussion
  • on the scenario using scenario 1 discussion sheet as a guide.
  • Repeat same process for all three (3) scenarios.
responsibilities h s committee members1
Participate in the implementation and monitoring of a program for the provision of personal protective equipment (PPE), clothing, devices, or materialsResponsibilities H & S Committee Members
responsibilities h s committee members2
Participate in all inquiries, investigations, studies, and inspections (Health & Safety), when appropriate gets the assistance of professionals or technically qualified people for adviceResponsibilities H&S Committee Members
records
Records
  • Ensure records are maintained on work accidents, injuries and health hazards relating to the health and safety of employees
responsibilities h s committee members5
Participate in the implementation of changes that might affect occupational health and safety, including work processes and procedures and, where there is no policy committee, shall participate in the planning of the implementation of those changesResponsibilities H&S Committee members
compensation and return to work
Compensation and Return to Work
  • This module will introduce the concept, legalities and processes to follow to be compensated in case an employee suffers from a workplace injury or illness and will address the challenges a person with a functional limitation who returns to work may live.
steps when a worker is injured
First Aid

Control of accident scene

Plan investigation

Interview Witnesses

Gather Physical Evidence

ANALYSIS

Report and Make recommendations

FOLLOW-UP

STEPS WHEN A WORKER IS INJURED
how to get a claim approved by the board1
Claiming Workers Compensation

When?

How?

What should I say / not say?

What if I need accommodation?

Where can I get help?

How to get a claim approved by the Board?
how to get a claim approved by the board2
Definition of Acccident includes:

A chance event occasioned by a physical or natural cause; or

The biggest reason for the denial of these claims is a lack of proof that an injury happened

A disablement arising out of and in the course of employment

The major reason for the denial of these claims is lack of proof that the work caused the injury

How to get a claim approved by the Board?
review and appeals
Review and Appeals 
  • If you disagree with a decision that we make, you have two levels of appeal:
  • Level 1 - Review Committee - an internal committee which hears your review. The Review Committee can confirm, reverse or vary the original decision.
  • Level 2 - Appeals Tribunal -  an external body made up of members appointed by the Minister responsible for the Workers\' Safety and Compensation Commission. It can only hear appeals of decisions the Review Committee makes. The Appeals Tribunal can uphold, reverse or vary the Review Committee’s decision.  
  • Review CommitteeTo request the review of a decision by the Review Committee, follow the Review Procedure and complete a Request for Review form. 
  • Please note, effective April 1, 2011, as per section 115 of the NWT and Nunavut Workers\' Compensation Act(s), a request for review of a Commission decision must be made within three (3) years of the day of the original decision
wscc review procedure
WSCC Review Procedure  |
  • Download and complete the Request for Review form, or write a letter to the Registrar of the Review Committee. Your letter should include:
  • Your claim number or employer number
  • Date of the decision letter you want reviewed
  • Reason(s) why you disagree with the decision
  • What you feel the decision should be
  • If you want an oral hearing or a documentary reviewFor an in-person hearing, you are responsible for your travel and accommodations costs.
  • Send your Request for Review to:
  • Review Committee RegistrarWorkers\' Safety & Compensation CommissionBox 8888Yellowknife, NT  X1A 2R3
  • Or Fax Toll-free to: 1 866 277-3677
the review committee registrar will
The Review Committee Registrar will:
  • Send you a letter of receipt;
  • Confirm the type of herain granted;
  • Schedule your hearing date.
  • The Review Commitee will:
  • Hold the hearing within 30 business days of receiving your request;
  • Make a decision within 20 business days of the hearing;
  • Send you the final decision.Deferred reviews may take longer than 50 business days.
appeals tribunal
Appeals Tribunal
  • To appeal a Review Committee decision, complete an Appeals Application Form and send it to the Appeals Tribunal Registrar: 
  • Appeals Tribunal RegistrarNWT and Nunavut Workers\' Compensation Appeals Tribunal Suite 1002 - 10th Floor Precambrian Building Box 20 - 4920 52nd Street, Yellowknife NT X1A 3T1 Phone:(867) 669-4420 Toll Free: 1-888-777-8167Fax: (867) 766-4467
  • You can receive help with your review at any time by contacting the Workers\' Advisor. There is no charge for their services.
how to get a claim approved by the board3
How to get a claim approved by the Board?

Personal injury by an accident and/or disease arising out of and in the course of employment:

Example:

Do not say: I fell and hurt myself.

Say: I was walking through the office in the scanning division. I stepped on a marker that was on the floor. My right leg went forward and I lost my balance. I fell backwards. I hit my shoulder on the fax machine. I hurt my right shoulder on the machine. When I landed on the floor, I hurt my right wrist, my neck, and my right hip.

other compensation options1
Sick leave credits

Sick leave advances

Employment Insurance sickness benefits (first 15 weeks)

max. 42 300$ / 55% (23 265$ annual)

OTHER COMPENSATION OPTIONS
other compensation options2
OTHER COMPENSATION OPTIONS
  • Release for Incapacity / Resignation / Medical Retirement
    • Disability Insurance (after 13 weeks) 70% / 66% / top up
    • Canada Pension Plan Total Disability Benefits
    • Public Service Superannuation Act
    • (2% X # years)
    • Impact on Severance Pay
other compensation options3
OTHER COMPENSATION OPTIONS
  • Social Services
  • WSIB: max. 75 100$ annual / 85%
  • CSST: max. 62 000$ annual / 90%
  • If you apply for these benefits you must let them know that you are also applying for WCB benefits. They will ask you to sign a form which is a promise to pay back the money you may receive from WCB.
wscc appeal process
WSCC Appeal Process
  • Review and Appeals 
  • If you disagree with a decision that we make, you have two levels of appeal:
  • Level 1 - Review Committee - an internal committee which hears your review. The Review Committee can confirm, reverse or vary the original decision.
  • Level 2 - Appeals Tribunal -  an external body made up of members appointed by the Minister responsible for the Workers\' Safety and Compensation Commission. It can only hear appeals of decisions the Review Committee makes. The Appeals Tribunal can uphold, reverse or vary the Review Committee’s decision.  
  • Review CommitteeTo request the review of a decision by the Review Committee, follow the Review Procedure and complete a Request for Review form. 
  • For an in-person hearing, you are responsible for your travel and accommodations costs.
wscc appeal process1
WSCC Appeal Process
  • Please note, effective April 1, 2011, as per section 115 of the NWT and Nunavut Workers\' Compensation Act(s), a request for review of a Commission decision must be made within three (3) years of the day of the original decision.
  • WSCC Review Procedure English| Français | 
  • Download and complete the Request for Review form, or write a letter to the Registrar of the Review Committee. Your letter should include:
  • Your claim number or employer number
  • Date of the decision letter you want reviewed
  • Reason(s) why you disagree with the decision
  • What you feel the decision should be
  • If you want an oral hearing or a documentary review
hazards and danger
Hazards and Danger
  • This module will introduce the concept of Right to Know, the Right to Participate and the Right to Refuse Dangerous Work. It will address the impact of the Internal Responsibility System in managing OHS issues and in the Regulator’s enforcement strategy.
internal complaint resolution process
127.1

Worker believes contravention or accident likely

Complaint to supervisor

Supervisor & Worker: resolve issue – case Closed & Documented

Chairperson Work Place Health & Safety Committee

Joint Investigation – writing complaint justified or not – Make recommendation

Employer respond in writing – when and how to be resolved – if danger must stop work

WSCC NT/NU Safety Dept – writing – justify – Directive

Appeal Process

Internal Complaint Resolution Process
right to refuse dangerous work
Inform Employer

Employer agrees, takes action

Employer informs Work Place Committee of danger + actions

If parties disagree:

Inform Employer + Union Representative

Joint investigation – outcome

If no agreement between parties, notify Labour Health & Safety Officer

Alternate Work – Safe Place

WSCC Safety investigates – all parties

WSCC Safety – writing

Appeal Process

Right to Refuse Dangerous Work
right to refuse dangerous work1
128.

Not a normal condition of employment – Danger

Use or operation of a machine

Condition

Activity

Right to Refuse Dangerous Work
danger
Means any existing or potential hazard or condition or a current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness (+ reproductive system).Danger
right to refuse
Right To Refuse
  • (2) A worker may refuse to do any work where the
  • worker has reason to believe that
  • (a) there exists an unusual danger to the
  • health or safety of the worker;
  • (b) the carrying out of the work is likely to
  • cause to exist an unusual danger to the
  • health or safety of the worker or of any
  • other person; or
  • (c) the operation of any tool, appliance,
  • machine, device or thing is likely to cause
  • to exist an unusual danger to the health or
  • safety of the worker or of any other
  • person.
right to refuse1
Right To Refuse
  • Reporting
  • refusal
  • to work
  • (3) On refusing to work, the worker shall promptly
  • report the circumstances of his or her refusal to the
  • employer or supervisor who shall without delay
  • investigate the report and take steps to eliminate the
  • unusual danger in the presence of the worker and a
  • representative of the worker\'s union, if there is such, or
  • another worker selected by the worker who shall be
  • made available and who shall attend without delay.
prevention program
PREVENTION PROGRAM
  • What is a hazard prevention program?
  • A program developed for the prevention of hazards in the work place through either the elimination of hazards, the reduction of hazards and finally the use of personal protective equipment
  • The prevention program also applies to workers who work outside of the workplace – their work activities are covered to the extent that the employer controls the activity
  • The prevention program should tie together all of the preventative measures found in the Acts and Regulations
  • Provides for an all-encompassing prevention system in the work place that deals with all hazards, including hazards not directly referred to in existing regulations
legislative authority
LEGISLATIVE AUTHORITY
  • 7. (1) The Chief Safety Officer may direct that a Joint
  • Work Site Health and Safety Committee be established
  • at any work site and where the Chief Safety Officer so
  • directs
  • (a) the employer of the workers at the work
  • site, or

.

legislative authority1
LEGISLATIVE AUTHORITY
  • (b) the principal contractor, where the
  • workers of two or more employers are
  • employed at the same work site, or the
  • owner of the project, where there is no
  • principal contractor,
  • shall ensure that a Committee is established
related legislative language
RELATED LEGISLATIVE LANGUAGE
  • recommendations
  • to the principal contractor, the owner or the employer,
  • as the case may be, and the workers for the
  • improvement of the health and safety of workers at the
  • work site, and for this purpose, the Committee may seek
  • the advice of a safety officer and shall notify a safety
  • officer of any unsafe or unhealthy situation on which it
  • is unable to make a
workplace inspection hazardous occurrence investigation
Workplace Inspection & Hazardous Occurrence Investigation
  • This module will introduce the concept of Workplace Inspections and Hazardous Occurrence Investigation (accident investigation).
workplace inspection1
Workplace Inspection
  • Every part of the workplace inspected at least once a year
  • Inspect on a monthly basis
  • Develop a checklist specific to work location
  • Focus on hazards
  • Divide workplace into distinct Sectors
  • Record and Identify Corrective Actions
workplace inspection2
Workplace Inspection
  • Walking and working surfaces
  • Stairs and ladders
  • Exits
  • Fire prevention and evacuation procedures
  • Safety Devices
  • Design
  • Ergonomics
workplace inspection3
Workplace Inspection
  • Machine functioning
  • Electrical equipment
  • Lighting
  • Temperature
  • Physical layout
  • Housekeeping
  • Work clothes
workplace inspection4
Workplace Inspection
  • Sanitation and wellness
  • Bulletin board
  • Job training and job description
  • Confined spaces
  • Ventilation
  • P.P.E.
  • Storage of materials (incl. Hazardous)
  • Specific rules
  • First Aid
hazardous occurrence investigation
Hazardous Occurrence Investigation

Workshop F

  • Hazardous Occurrence Investigation. Create two teams, distribute the two (2) Hazardous Occurrences Investigation Scenarios, review questions with participants and ask participants to break into two teams for 15 minutes. They must assign a reporter who will report back to the group. Ensure the reporter reads the scenario to the group before reporting back the work of the small group
investigation
Legal Requirement – Accountability

Joint Investigation - Responsibility

Cause of Accident

Corrective Measures

Prevention Actions

Cost

Worker’s Compensation

Investigation
investigation1
First Aid

Control of accident scene

Plan investigation

Interview Witnesses

Gather Physical Evidence

ANALYSIS

Report and Make recommendations

FOLLOW-UP

Investigation
investigation2
WHY:

Causes – Direct and Indirect

Combination of factors

Cycle, timing, speed

Supervision or lack of

Training or lack of

Work procedures or lack of

Toxic substances

Investigation
investigation3
Investigation Team:

ANALYSIS & REPORTING

Causes:Collection of Facts:

Tasks - Witnesses

Material - Phys. Evidence

Environment - Background

Personnel

Management

Investigation
getting the most out of your ohs committees
Getting the most out of your OHS Committees
  • This module will introduce the concept of how efficient committees function.
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Participate in the implementation and monitoring of a program for the provision of personal protective equipment (PPE), clothing, devices, or materials, and if No Policy Committee, participate in the development of the program
  • Ensure records are kept
  • Assist the employer in investigating and assessing the exposure of employees to hazardous substances
  • Inspect the work place, at least least once a year
  • Participate in the development of Health and Safety Programs (if there is no Policy Committee)
getting the most out of workplace h s committees
Getting the most out of Workplace H&S Committees
  • Key functions of WOHS committees
  • Meet regularly
  • Inspect workplace
  • Investigate accidents
  • Develop guidelines and procedures
  • Seek information from workers
  • Analyse information
  • Aks for further information
  • Make H&S recommendations to employer
  • Intervene
    • ICRP
  • Follow-up
co chairpersons
Help establish and formalize the Committee mandate

Establish the Calendar of Meetings

Chair Meetings

Keeping on track with agenda

Delegate Responsibilities

Ensure the Committee respects its obligations

Ensure that appropriate follow-up measures are taken

Co-Chairpersons
sample agenda
Agenda:

Date

Time

Location

Name of Co-Chairs, Members, Secreatary

Previous Minutes

Inspections Reports

Hazardous Occurrence Reports

Policies, Procedures, Guidelines – new or revised

Training

New Business

Next Meeting

Sample Agenda
type of issues
Information

Hazardours Substances Inventory

Hazardours Situations

Right to Refuse Dangerous Work

Internal Complaint Resoultion Process

Workers Compensation

Analysis Report

Sanitary Reports

Inspections – Participation

Plans for the introduction of changes

Type of Issues
culture
CULTURE

Culture Changing Behaviour

  • Hear an idea: 10%
  • Consciously decide: 25%
  • Decide when you will do it: 40%
  • Plan how you will do it: 50%
  • Commit to someone else: 65%
  • Have a specific appointment and report whether you have done it: 95%

Franklin Covey Company – Dr. Nancy Moore

sources of conflict
Sources of Conflict
  • Facts: differentiate between perception, knowledge, interpretation
  • Methods: how to achieve objectives
  • Goals: what is it each side trying to achieve
  • Values: principles and motivation
handling a conflict
Handling a Conflict
  • Competing: power oriented excellent mean to become enemies
  • Accommodating: individual neglects his concerns to satisfy the concerns of another group. Useful when other point of view is superior
handling a conflict1
Handling a Conflict
  • Compromising: mutually acceptable solution; often a middle ground position; practical but all parties give up something
  • Avoiding: usually a useless tactic; can be use as a temporary measure (emotions)
handling a conflict2
Handling a Conflict
  • Collaborating: collaboration and commitment to resolve differences. It means digging into an issue to identify all concerns and to find alternatives which meets both side’s needs. Trying to find a creative solution to deep-seated differences of opinion on goals, values, procedures or roles. It settles the issue.
legislated problem solving approach
Legislated Problem Solving Approach

CONSENSUS

  • Collect Facts
  • Determine Problems
  • Determine Causes
  • Determine Solutions
  • Retain One Solution
  • Develop Action Plan
  • Follow-up
decision making
Decision Making
  • Individual Decision: The supervisor makes the decision and others who are involved in the issue are expected to abide by the decision
  • Minority Decision: A few of those involved meet to consider the issue and they make a decision which is binding for all concerned
decision making1
Decision Making
  • Majority Decision: More than half of those involved in an issue make a decision that is binding for all concerned
  • Consensus Decision: Each member of a group expresses a view and a decision is made to which all can commit themselves at least partly
  • Unanimous Decision: each member fully agrees on the decision
meeting review
Meeting Review
  • Did we achieve what matters most
  • What could have been done better
  • How did we establish and maintain focus
  • Did we use effective meeting methods
  • How could we improve
  • Were the right people at the meeting
  • Are there clear actions items or next steps to take

Accountability: what reputation do you want your committee meetings to have?

making workplace ohs committee efficient
An Action Plan based on Strategic Thinking

Planned in advance

Flexible

Takes people’s experiences into account

Requires a commitment from people

Realistic

Maintains interest

Must have substance

Making Workplace OHS Committee Efficient
making workplace ohs committee efficient1
Elaboration of a strategy

Set a goal

Identify pertinent actitivities

Identify human resources available an required

Identify material resources available

Distribute tasks and responsibilities

Put in place a communications system as well as a decision making process

Set timelines

Evaluate and report

Making Workplace OHS Committee Efficient
making workplace ohs committee efficient2
Making Workplace OHS Committee Efficient

What does an OHS Activist do?

making workplace ohs committee efficient3
Making Workplace OHS Committee Efficient
  • What does an OHS Activist do?
making workplace ohs committee efficient4
The Activist:

Represents members

Pushes for problems to be solved

Looks for problems (hazards or symptoms)

Take complaints and questions and gets answers

Organise workers when there is a common problem

Caucus with other union members

Liaise with other H&S Activists

Connects the causes of injuries and illnesses to workplace conditions that need fixing

Encourages members to file complaints, use their rights

Making Workplace OHS Committee Efficient
making workplace ohs committee efficient5
The Activist:

Learns about OHS issues important to the local

Knows the demography of the workplace

Reports to membership regularly

Makes recommendations about OHS bargaining issues

Keeps records

Organises information and training sessions or do other awareness-building activities

Making Workplace OHS Committee Efficient
making workplace ohs committee efficient6
So:

Learn about H&S

Show up for all meetings

Act! Do not just react

Talk to members

Talk to the union

Talk to our allies in the labour movement

Educate and mobilize

Delegate

Do not back down

Making Workplace OHS Committee Efficient
workshop g
Workshop - G
  • 1- What are the barriers which limit your influence on OHS decisions in your workplace?
  • 2- What tools do you have to influence health and safety decisions in your workplace?
  • 3- Which role can the Union and the Employer OHS Committee Representatives assume to improve OHS in the workplace. Do they play opponent, complementary or equal roles as OHS committee members?
    • Be ready to report back to the group
workshop h
Workshop - H
  • Regroup participants in small groups, ask each group to identify a reporter
  • Develop three objectives for your OSH workplace committee. They must be precise, realistic, and measurable (objectives, planned results, timelines and resources). They must be attained by the end of the next fiscal year. Use action verbs and identify challenges we may encounter.
  • Identify a body within the organization where the plan developed will be presented and where the committee will report back on the challenges which lead to attaining (or not) the objectives.

Debrief

challenge i
Each committee should develop three objectives, they must be precise, realistic, and measurable and they must be attained at the end of the year.

Use action verbs, identify planned results and explain challenges which you may encounter

Identify a body within the organization where the plan developed will be presented and where the committee will report back on the challenges which lead to attaining (or not) the objectives.

Challenge I
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?

Thank you!

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