Inspection services in Québec

1. Inspection servicesin Québec Seminar of best practices in manufacturing industries June 16 and 17, 2003 Guy Daigle, Eng. Commission de la santé et de la sécurité du travail Montréal, Canada

2. Presentation Plan • OHS legislation in Québec • Inspection services • Powers and obligations of inspectors • Accident investigations – a new approach • Question period

3. OHS legislation in Québec Purpose The elimination, at source, of hazards to the health, safety and physical well-being of workers. It establishes mechanisms for the participation of workers and worker associations as well as employers and employer associations in achieving this object

4. OSH legislation in Québec Secondary purpose Ensure that individual and collective means of protection and safety equipment are made available to the workers as required; While also ensuring that this in no way diminishes efforts to eliminate, at, source, hazards to the health and physical well-being of workers

5. The spirit of OHS legislation It is designed to secure the involvement of the people who are most concerned with the purpose of the law, namely workers and employers. They are in the best position to take direct measures to promote and pursue that purpose. The legislative mechanisms for participation are based on the rights and obligations codified in the Act.

6. CSST inspection mission Ensure that our clients 1) devise a prevention plan 2) implement the prevention plan Ensure that the OHS activities are in compliance with standards and regulation

7. A GLOBAL APPROACH TO PREVENTION AND INSPECTION 6 principles 3-fold role • Give clear message • Provide quality inspection service • Transparency • Coordination, cooperation, networking • Targeting • Fairness • CONVINCE • SUPPORT • ENFORCE

8. Convince - the 1st role • Convince employers and workers to implement a prevention program (action plan) • explain the financial advantages of prevention (reduced assessment rate, enhanced productivity, etc.) • a program is a prevention control mechanism in the compagny for the company

9. Support - the 2nd role • Support the company in taking responsibility by providing it with advisory and referral services adapted to its prevention requirements

10. Enforce - the 3rd role • Inspectors exercise their powers reasonably and firmly to: • eliminate risks • rectify dangerous situations • Inspectors’ actions are remedial. • Their challenge: to maintain the company ’s motivation to take responsibility for prevention.

11. Inspectors powers and obligations • Investigate any matter within their competence • Enter and establishment at any reasonable hour, day or night • Have access to company records Require the plan for the installations and layout equipment

12. Inspectors powers… • Require an attestation of structural solidity • Conduct tests and take photographs • Take samples • Install a measuring device • Obtain an expert opinion • Be accompanied by one or more persons of his choice

13. Inspectors powers… • Issue remedial orders • Order the suspension of work or the complete or partial shut-down of a workplace • Order to cease making, supplying, selling, leasing, distributing or installing the product, etc. • Authorize the resumption of work or the reopening of the workplace

14. Inspectors powers… More specifically : • The inspectors can immediatly determine, where a worker exercises his right of refusal to work, whether or not a danger exists justifying the worker’s refusal and prescribe temporary measures and require permanent corrective action • The inspectors have extensive powers (excluding the power to imprison)

15. Inspectors obligations • Advise the employer, union and safety representative when he arrives and produce his CSST inspector card • May, free of charge, take samples of any kind and if he does so, inform the employer • Must communicate the findings of his investigation or inspection to the employer, union, health and safety committee, safety representative, etc. if any • Must substantiate his decision in writing as soon as possible and indicate the steps to be taken to eliminate the danger

16. Accident investigations A new way of doing things

17. Investigations : a team effort • Inspectors • OHS Director • Regional communications branch Regional : • Central : • Specialist accident investigation group • Documentation Center • Central communication branch • Toxicological Index Service • External : • Coroner + Police • Experts • The workplace • Manufacturers, suppliers • Partners

18. New reporting format • Executive summary: • provides information to the company’s senior management • facilitates distribution of information to all workers concerned • Reporting format adapted to new method: simplification • New visual presentation

19. Recommendations and action plan • Recommendations: • Proposals by the investigation team to broaden the application of its investigation; • Discussed before the CSST report examination committee. • Formulation of action plan to implement the recommendations

20. Presentation of the investigation report to employer and workers • Opportunity for the CSST to convince both parties • Opportunity to explain the relationship between the determined cause of the accident and the inspectors’ decisions • Opportunity to explain the cause of the accident and to state CSST requirements • Opportunity for the CSST to encourage both parties to commit to change

21. Adapted communications strategy • The CSST adapts its communications strategy on the basis of: • identified problems; • the level of media and public interest; • sector-wide implementation of the action plan flowing from the investigation; • CSST requirements for conveying prevention messages.

22. Cause versus blame • Primary goal of investigation: to discover the cause of the accident and prevent a recurrence. However, as with any other mandate to investigate: • may result in penal prosecution if there are sufficient grounds

23. Subject: PMG action plan Recommendation Action to be taken Persons responsible Designated CSST O.I.C. and other collaborators as required from government, industry and union sections Inform the standards branch of the Quebec building board (RBQ*) · Inform the relevant standards body of investigation findings Inform the Canadian Standards Association (CSA) and Transport Canada As above · Inform repairmen, dealers, distributors and establishments with their own vehicle-fleet maintenance service Form a working group to determine the risks and inform the parties of the applicable prevention measures As above Determine the most appropriate method for distributing information As above Distribute information to identified clientele and industry participants As above Distribute information to provincial and territory OHS bodies As above * Régie du bâtiment du Québec** Association Sectorielle Transport Entreposage [transportation and warehousing sectors based trade association]