YUSA/APUY HEALTH AND SAFETY COMMITTEE
FREQUENTLY ASKED QUESTIONS
On Workplace Health and Safety
April 8, 2003
PREAMBLE
This document was prepared by members of the YUSA/APUY Health and Safety Committee as a reference guide for YUSA/APUY members. The objective is to provide some information on how workplace health and safety issues, particularly those in Ontario and more specifically at York University, are governed and administered, and who the main ‘players’ are. By providing information to the membership, we hope to raise awareness among the membership about workplace health and safety issues.
The information provided is derived from various sources – the WSIB web site, the Ministry of Labour web site (sections of the Ontario Occupational Health and Safety Act), the Department of Occupational Health and Safety at York University, etc.
Should you have questions about the information in this document please do not hesitate to contact one of your health and safety reps (see Section A, item # 16).
At the time this document was being prepared, the administration of issues relating to monitoring and reporting incidents/accidents and injuries was the responsibility of the Department of Occupational Health and Safety. However, this particular responsibility is in the process of being shifted to the Department of Human Resources.
Until the time that this change over will officially take place, there may be some overlap between the two departments.
For questions, you may contact DOHS at x55491 or HR via Benjamin Hart (x20178) or Drew Paltoo (x44743).
| SECTION A: STRUCTURAL |
1. WHAT DOES OCCUPATIONAL HEALTH AND SAFETY MEAN?
The phrase occupational health and safety refers to the effects of a person’s job on their health and safety or of conditions in the workplace that could affect a person’s health and safety. For example, are there accumulative effects of using cutting oils in an unprotected manner in some manufacturing environments? Yes, employees may develop certain types of cancers. Or probably more applicable to some employees at York University is the accumulative effects of not having a properly adjusted keyboard or workstation setup, which could result in carpal tunnel or other types of repetitive strain or musculoskeletal injuries.
2. WHERE DOES IT APPLY?
All types of workplaces.
3. WHAT IS THE ONTARIO OCCUPATIONAL HEALTH AND SAFETY ACT (OHSA)?
The Ontario Occupational Health and Safety Act was first enacted on October 1, 1979. The Act was established with the objective of protecting workers against workplace health and safety hazards. The Act outlines the rights and responsibilities of all persons in the workplace, as well as procedures on how to deal with workplace hazards. Workplace health and safety was deemed the responsibility of the employer and workers had very little say under the provisions of the Act. However, labour groups and other interest groups lobbied the government for changes in order to enable worker input in workplace health and safety issues, afterall workers were the ones being exposed to hazards and worker's health was being jeopardized. Compromises were made by the government at the time to 'give' workers three particular rights [1] , which were incorporated in the amended Act in 1990. These rights are:
· the right to refuse dangerous or unsafe work if the employee believes that a situation constitutes a danger to himself/herself or to another worker
· the right to participate in health and safety committees – identifying and resolving workplace health and safety issues , and
· the right to know about the products they were working with
Under the revised Act, workplace health and safety is purportedly a joint effort between employees and employers, i.e., building on workplace partnership [2] . According to the Ministry of Labour, the changes to the Act promotes an internal responsibility system [3] whereby employees and employers would work together towards developing systems to address and resolve health and safety concerns.
The Occupational Health and Safety Act is administered by the Ontario Ministry of Labour and enforced by Ontario Ministry of Labour Inspectors.
4. WHICH WORKPLACES ARE NOT COVERED UNDER THE ONTARIO OCCUPATIONAL HEALTH AND SAFETY ACT?
Workplaces in Ontario with some exceptions - see below.
Excerpted from Section 3 of the Ontario Occupational Health and Safety Act – the following are not covered by the OHSA:
3. (1) This Act does not apply to work performed by the owner or occupant or a servant of the owner or occupant to, in or about a private residence or the lands and appurtenances used in connection therewith.
Farming operations
(2) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to farming operations.
Teachers, etc.
(3) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to,
(a) a person who is employed as a teacher as defined in the Education Act; or
(b) a person who is employed as a member or teaching assistant of the academic staff of a university or a related institution. R.S.O. 1990, c. O.1, s. 3.
Self-employed persons
4. Subsection 25 (1), clauses 26 (1) (c), (e), (f) and (g), subsection 33 (1) and sections 34, 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62, 66, 67, 68 and 69, and the regulations in relation thereto, apply with necessary modifications to a self-employed person. 2001, c. 9, Sched. I, s. 3 (1).
5. WHERE CAN I FIND A COPY OF THE OCCUPATIONAL HEALTH AND SAFETY ACT?
Copies of the Act should have been provided on departmental Health and Safety bulletin boards. The Act is also available:
· on the Department of Occupational Health and Safety (DOHS) web site at http://www.yorku.ca/dohs/index.htm
· on the Ministry of Labour's web site at http://192.75.156.68/DBLaws/Statutes/English/90o01_e.htm or you can navigate your way from the main page at http://www.gov.on.ca/lab/main.htm
6. WHAT IS A JOINT HEALTH AND SAFETY COMMITTEE?
According to the Occupational Health and Safety Act, workplaces with more than twenty (20) employees must have a Joint Health and Safety Committee. The Joint Health and Safety Committee operates as an advisory group that works to improve workplace health and safety. The Committee is comprised of manager members, as well as worker members. Worker members of the Committee are trained in health and safety issues and are also trained to recognize hazards and make suggestions for change. Joint Committees are able to make recommendations for change.
According to the Act, the Joint Health and Safety Committee primary responsibilities include, but are not exclusive to;
· alerting the employer to situations that are or may prove to be hazardous to workers' health and safety;
· making recommendations for change;
· raising awareness of health and safety issues in the workplace and educating the community;
· investigating accidents and incidents;
· inspecting buildings;
· advocating for changes on behalf of the community.
7. HOW IS THE YUSA/APUY JOINT HEALTH AND SAFETY COMMITTEE STRUCTURED AT YORK?
There is a YUSA/APUY Joint Health and Safety Committee, which is governed by the Ontario Occupational Health and Safety Act, as well as the Guidelines for the Structure and Function of the YUSA/APUY Joint Occupational Health and Safety Committee – an agreement signed between the University administration and the YUSA/APUY union.
The Joint Committee is comprised of management and worker members (YUSA/APUY members). There is a Management Co-Chair and a Labour Co-Chair. These positions are mandated by the Occupational Health and Safety Act.
YUSA/APUY employees - worker members - comprise the YUSA/APUY Health and Safety Committee. Worker members elect a Chair from among themselves who sits on the YUSA/APUY Executive Board.
The Labour Co-Chair of the Joint Committee and the Chair of the YUSA/APUY Committee is not necessarily the same person. For example, the current Labour Co-Chair of the Joint Committee is Debbie Freele, while the Chair of the YUSA/APUY Committee is Paula Gowdie.
8. WHAT IS THE WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)?
Downloaded from the WSIB web page at http://www.wsib.on.ca/wsib/wsibsite.nsf/public/home_e
The Workplace Safety and Insurance Board (WSIB) oversees Ontario's workplace safety education and training system, provides disability benefits, monitors the quality of health care, and assists in early and safe return to work.
Our Workplace Safety and Insurance Board began as the Workmens' Compensation Board in 1915 through an Act of the Ontario Legislature. The legislature adopted the new system, based on recommendations by Sir William Meredith in 1914.
No‑fault collective liability
Fundamental to the system was (and still is) an historic compromise in which workers give up the right to sue for their work‑related injuries, irrespective of fault, in return for guaranteed compensation for accepted claims. Employers, for their part, receive protection from lawsuits in exchange for financing the program through premiums. This system of collective liability provides fair compensation for injured workers and their families, while spreading individual costs among employers. And, as in other insurance schemes, dangerous industries with more claims costs pay higher premium rates.
Changes reflect economy and social order
The workers' compensation system has undergone profound change over the 86 plus years since the beginning. For example in its first year, the WCB administered about 17,000 claims with a staff of 56 people located in Toronto. Today, we administer some 340,000 claims with a staff of approximately 4,500, located throughout Ontario to better serve workers and employers.
We've had some name changes as well. From the Workmens' Compensation Board to the Workers' Compensation Board and now to the Workplace Safety and Insurance Board. The name changes reflect the changing economic and social environment of the time. Workers' Compensation Board, for instance, recognized the increase of women in the workforce.
Health and safety first
The present name, WSIB, charts a new course. Before, the focus was on compensating those injured or ill, due to work‑related causes. Today mandate includes promoting the prevention of work‑related injuries and illnesses.
Through the changes introduced by the Workplace Safety and Insurance Act (1998), we now oversee Ontario's system of workplace safety education and training. We continue to administer the province's no‑fault workplace insurance for employers and their workers. As part of this system, we provide disability benefits, monitor the quality of health care and assist in early, safe return to work for workers injured on the job or who contract an occupational disease.
Employer‑funded
The WSIB is entirely financed by employer premiums. We receive no money from the Ontario provincial government.
9. WHO IS RESPONSIBLE FOR WORKPLACE HEALTH AND SAFETY?
There are different levels of responsibilities:
A. EMPLOYER - Occupational Health and Safety Act, Sections 25 & 26
· Prepare and review annually a written occupational health and safety policy and develop and maintain a program to implement that policy.
· Take every precaution reasonable in the circumstances for the protection of a worker.
· Provide information, instruction and supervision to a worker to protect the health or safety of the worker.
· To appoint a competent person as a supervisor.
· Ensure that the measures and procedures prescribed are carried out in the workplace.
· Ensure that the equipment, materials and protective devices provided by the employer are used as prescribed.
B. WORKER/EMPLOYEE
Definition taken
from the Occupational
Health and Safety Act: Worker means a person who performs work or supplies services for monetary compensation but does not include an inmate of a correctional institution or facility who participates inside the institution or facility in a work project or rehabilitation program
WORKER/EMPLOYEE RESPONSIBILITIES - Occupational Health and Safety Act, Section 28
· To comply with the Occupational Health and Safety Act and its regulations.
· To comply with workplace specific (York University) Health and Safety policies, rules, and regulations.
· To use or wear the equipment, protective devices and clothing provided or required.
· To report any dangers in the workplace to supervisors, including unsafe equipment, as well as hazards.
· To inform employer/supervisor immediately of any injury that occurs at the workplace or on the employer’s property.
· To report any contravention of the Occupational Health and Safety Act or the regulations to supervisors.
· Not to remove or make ineffective any protective devices or equipment.
· Not to engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct (so as to create unsafe situations).
C. SUPERVISOR
Definition taken
from the Occupational
Health and Safety Act: Supervisor means a person who has charge of a workplace or authority over a worker.
SUPERVISOR RESPONSIBILITIES - Occupational Health and Safety Act, Section 27
· To comply with the Occupational Health and Safety Act and its regulations.
· To comply with workplace specific (York University) Health and Safety policies, rules, and regulations.
· To ensure that all workers comply with the above.
· To take every precaution reasonable in the circumstances for the protection of the worker.
· To ensure that all workers use the safety equipment, devices, and clothing provided or required.
· To advise workers of any possible health and safety hazards that may exist in the workplace.
· To provide specific written instructions for the protection of the worker where they could be of value.
10. WHAT ARE WORKER/EMPLOYEE RIGHTS ACCORDING TO THE ONTARIO OCCUPATIONAL HEALTH AND SAFETY ACT?
· The right to be informed of any health and safety hazards that may exist in the workplace (OHSA, Section 25, Subsection 2a and Section 27, subsection 2a).
· The right to participate in Joint Health and Safety Committees or as a health and safety representative.
· The right to refuse unsafe work or stop work where health and safety in danger (OHSA, Section 43).
- specific procedures must be observed and adhered to
· To not be reprised, i.e., dismissed, threatened, disciplined or suspended by an employer or supervisor (OHSA, Section 50).
11. ACCORDING TO THE ACT, WHAT IS THE CORRECT PROCEDURE TO REFUSE UNSAFE WORK?
Section 5 outlines work refusal.
Refusal to work
(3) A worker may refuse to work or do particular work where he or she has reason to believe that,
(a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;
(b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; or
(c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. R.S.O. 1990, c. O.1, s. 43 (3).
Report of refusal to work
(4) Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker's employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of,
(a) a committee member who represents workers, if any;
(b) a health and safety representative, if any; or
(c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them,
who shall be made available and who shall attend without delay. R.S.O. 1990, c. O.1, s. 43 (4).
Worker to remain near work station
(5) Until the investigation is completed, the worker shall remain in a safe place near his or her work station. R.S.O. 1990, c. O.1, s. 43 (5).
Refusal to work following investigation
(6) Where, following the investigation or any steps taken to deal with the circumstances that caused the worker to refuse to work or do particular work, the worker has reasonable grounds to believe that,
(a) the equipment, machine, device or thing that was the cause of the refusal to work or do particular work continues to be likely to endanger himself, herself or another worker;
(b) the physical condition of the workplace or the part thereof in which he or she works continues to be likely to endanger himself or herself; or
(c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention continues to be likely to endanger himself, herself or another worker,
the worker may refuse to work or do the particular work and the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified thereof. R.S.O. 1990, c. O.1, s. 43 (6).
12. WHAT IS YORK’S PROCEDURE FOR REFUSING TO DO UNSAFE WORK?
The Department of Occupational Health and Safety issued a Work Refusal Procedure. Please refer to the document which can be found on the DOHS’ web site at: http://www.yorku.ca/dohs/pdf_documents/workRefusal.pdf
It is important to note that a YUSA/APUY Health and Safety Rep can be contacted at any point in this procedure.
Also, once an employee has initiated a work refusal, the supervisor and health and safety rep will contact the Department of Occupational Health and Safety to begin an investigation into the situation.
13. WHAT DOES THE ACT SAY ABOUT LABELLING INDIVIDUALS WHO EXPRESS CONCERNS ABOUT WORKPLACE HEALTH AND SAFETY ISSUES?
Section 50 of the Ontario Occupational Health and Safety Act addresses this issue:
50. (1) No employer or person acting on behalf of an employer shall,
(a) dismiss or threaten to dismiss a worker;
(b) discipline or suspend or threaten to discipline or suspend a worker;
(c) impose any penalty upon a worker; or
(d) intimidate or coerce a worker,
because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act. R.S.O.1990, c. O.1, s. 50 (1).
Arbitration
(2) Where a worker complains that an employer or person acting on behalf of an employer has contravened subsection (1), the worker may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint.
(3) The Board may inquire into any complaint filed under subsection (2) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with all necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act.
(4) On an inquiry by the Board into a complaint filed under subsection (2), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 apply with all necessary modifications. 1998, c. 8, s. 56 (1).
(5) On an inquiry by the Board into a complaint filed under subsection (2), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employer or the person acting on behalf of the employer. R.S.O. 1990, c. O.1, s. 50 (5); 1998, c. 8, s. 56 (2).
(6) The Board shall exercise jurisdiction under this section on a complaint by a Crown employee that the Crown has contravened subsection (1). R.S.O. 1990, c. O.1, s. 50 (6); 1998, c. 8, s. 56 (3).
(7) Where on an inquiry by the Board into a complaint filed under subsection (2), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances. 1995, c. 1, s. 84 (1); 1998, c. 8, s. 56 (4).
Note: A complaint under subsection 50 (2) in which a final decision has not been issued on November 10, 1995 shall be decided as if subsection 50 (7), as re-enacted by the Statutes of Ontario, 1995, chapter 1, subsection 84 (1), were in force at all material times. See: 1995, c. 1, s. 84 (2).
(8) Despite subsection (2), a person who is subject to a rule or code of discipline under the Police Services Act shall have his or her complaint in relation to an alleged contravention of subsection (1) dealt with under that Act. R.S.O. 1990, c. O.1, s. 50 (8).
14. HOW DOES THE DEPARTMENT OF OCCUPATIONAL HEALTH AND SAFETY (DOHS) FIT INTO THE PICTURE?
Section 26 (see below) of the Occupational Health and Safety Act provides some guidelines around the monitoring and administration of workplace health and safety issues. While York University has established a department of Occupational Health and Safety (DOHS) not all workplaces have such departments. Sometimes a Workplace Health and Safety Officer is hired for a workplace instead of a department.
Additional duties of employers
26. (1) In addition to the duties imposed by section 25, an employer shall,
(a) establish an occupational health service for workers as prescribed;
(b) where an occupational health service is established as prescribed, maintain the same according to the standards prescribed;
(c) keep and maintain accurate records of the handling, storage, use and disposal of biological, chemical or physical agents as prescribed;
(d) accurately keep and maintain and make available to the worker affected such records of the exposure of a worker to biological, chemical or physical agents as may be prescribed;
(e) notify a Director of the use or introduction into a workplace of such biological, chemical or physical agents as may be prescribed;
(f) monitor at such time or times or at such interval or intervals the levels of biological, chemical or physical agents in a workplace and keep and post accurate records thereof as prescribed;
(g) comply with a standard limiting the exposure of a worker to biological, chemical or physical agents as prescribed;
(h) establish a medical surveillance program for the benefit of workers as prescribed;
(i) provide for safety-related medical examinations and tests for workers as prescribed;
(j) where so prescribed, only permit a worker to work or be in a workplace who has undergone such medical examinations, tests or x-rays as prescribed and who is found to be physically fit to do the work in the workplace;
(k) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for the protection of a worker; and
(l) carry out such training programs for workers, supervisors and committee members as may be prescribed.
15. HOW DOES ONE BECOME A YUSA/APUY HEALTH AND SAFETY REP?
If you are interested in participating in the Health and Safety Committee as a worker member, you should send an email to the current Chair expressing your interest. The Chair will then contact you, discuss with you the requirements of Committee members and assess your interest. Your interest will then be brought forward to the YUSA/APUY Executive Board for Board members to vote on an appointment.
If an appointment is approved by the Executive Board, a letter to that effect will be sent to the Director of Human Resources, yourself and your supervisor from the President of YUSA/APUY. A letter will also be issued by the Chair of the Health and Safety Committee. A third letter will be issued by the management Co-chair and the Labour Co-Chair of the Joint Health and Safety Committee.
According to the Ontario Occupational Health and Safety Act, each Joint Health and Safety Committees must have at least one certified worker member. YUSA/APUY recognizes that a certified member is more knowledgeable about workplace health and safety issues and that knowledge also increases confidence.
Therefore, the current worker members have been certified or are in the process of obtaining full certification.
16. WHO ARE YUSA/APUY’S HEALTH AND SAFETY REPS AND HOW CAN THEY BE REACHED?
The current YUSA/APUY Health and Safety Committee Members (worker members) are:
NAME |
EXT. |
EMAIL ADDRESS |
NUMERIC PAGER |
| Debbie Freele* (Biology) Labour Co-Chair, Joint Committee |
x22651 |
djfreele@yorku.ca |
|
| Jane Grant* (Biology) |
x22657 |
fjgrant@yorku.ca |
|
| Paula Gowdie* (Social Work) Chair |
x33354 |
pgowdie@yorku.ca |
416-330-1525 |
| Mel Poteck (Fine Arts) |
x77346 |
mpoteck@yorku.ca |
|
| Penny Summers* (Registrar’s Office) |
x70378 |
psummers@yorku.ca |
416-600-8555 |
| Patrick Legris (Student Affairs) |
x44506 |
plegris@yorku.ca |
* Certified Members
17. WHAT ROLE(S) DO HEALTH AND SAFETY REPS PLAY?
· reporters - indicate hazards in the workplace to the employer
· investigators - worker members are informed of incidents and accidents that occur at the workplace. Worker members must then investigate these reports and complete the appropriate forms.
· counsellors - worker members console and provide direction to individuals who have been injured
· mediators - worker members intervene on behalf of workers whose managers are ignorant of the law and of policies and procedures of the workplace
· advocates - worker members speak on behalf of workers and advocate for change
· teachers - worker members educate workers about their rights and responsibilities
· witnesses - stewards to bear witness for workers rights that are being disputed
· monitor problem areas and press for changes
| SECTION B: REPORTING WORKPLACE HEALTH AND SAFETY HAZARDS |
1. ACCORDING TO THE OCCUPATIONAL HEALTH AND SAFETY ACT, HOW DOES AN EMPLOYEE REPORT A WORKPLACE HAZARD?
Section 28 (1) c, d explains.
28. (1) A worker shall,
(c) report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and
(d) report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows.
2. HOW DOES AN EMPLOYEE REPORT WORKPLACE HAZARDS AT YORK UNIVERSITY?
The Department of Occupational Health and Safety issued a Hazard Reporting Procedure in 2003. Please refer to the document which can be found on the DOHS’ web site at: http://www.yorku.ca/dohs/pdf_documents/hazardreport.pdf.
It is important to note that a YUSA/APUY Health and Safety Rep can be contacted at any point in this procedure.
| SECTION C: REPORTING INCIDENTS/ACCIDENTS, FIRST AID INJURIES, HEALTH CARE INJURIES, LOST TIME INJURIES |
DEFINITIONS
Incident/Accident: This is an accident with an injury that does not require any intervention, i.e., does not result in any lost time or requires physiotherapy, surgery, etc.
First Aid Injuries: This is an accident requiring minor treatment such as a bandaid.
Health Care Injuries: This is an accident where a professional health care provider is consulted and provides treatment.
Lost Time Injuries: This is an accident that results with an absence from work due to the injury.
When an incident/accident or injury occurs, employees should inform their supervisors. Supervisors will then complete a Supervisor’s Report. The Supervisor will contact a YUSA/APUY Health and Safety rep (worker member). The worker member will investigate the incident/accident/injury, providing direction as necessary. The worker rep, the Supervisor and if possible, the employee, will sign off on the Supervisor’s form.
A copy of the form must be submitted to the Department of Occupational health and Safety or the Human Resources department within twenty-four (24) hours. A copy is retained by the Health and Safety Officer of the employee’s area and a copy is retained by the worker member.
If the incident/accident/injury develops into a lost time claim or health care claim the completed Supervisor’s will be submitted to WSIB for adjudication.
SECTION D: INCIDENTS, ACCIDENTS AND INJURIES |
1. On Friday, while leaving the university, I fell in the parking lot and landed on my butt. I quickly got up, embarrassed and flustered but thought nothing more of it and drove home. On Sunday morning, I could not get out of bed - I was in excruciating pain. I was visited by a home doctor and prescribed pain killers and other medication and told to rest for the week. What should I do?
On Friday evening when you reached home, if your supervisor has voicemail, call his/her telephone extension and leave him/her a voicemail message and about the incident. On Sunday when you began to experience pain, leave another voicemail message for your supervisor. Once you have been seen by the doctor and received his advice, leave yet another voicemail message for your supervisor, informing him/her about the doctor's directions. Also, try to connect with your supervisor on Monday morning. Keep your supervisor abreast of all developments. If after being at home for a week and you are still in pain, let your supervisor know. Also, please keep the Department of Occupational Health and Safety abreast of your injuries.
When meeting with the doctor, inform him/her about the incident on Friday evening at York University. Since it is an incident that occurred on the Employer's property, the doctor will complete the appropriate form and submit it to the Workplace Safety and Insurance Board.
Upon learning of your incident and your subsequent absence due to the incident, your supervisor would have contacted a YUSA/APUY Health and Safety rep, completed a Supervisor Report and submitted it to the Department of Occupational Health and Safety or the Department of Human Resources. DOHS/HR would then submit a claim to the WSIB.
2. Over the past two months I began to realize an ache in my left shoulder through my left arm. This morning my left hand began to tingle. Should I be alarmed?
Yes, this ache and tingling could be the indication of a musculoskeletal injury or a repetitive strain injury. The ache and tingling is usually an indication that the body is being forced into performing an unnatural activity that is not suited to the individual. For example, holding your head and neck in an unnatural position for extended periods of time in order to hold the cradle of a phone while typing on the computer.
It is important that you get this taken care of as soon as possible!
You must report this to your supervisor. See Section C for further details.
3. On my way to and from work I feel fine but once I get into the office I begin to feel sluggish, my eyes burn and I have a headache all day. What is happening?
Your physical response indicates that you are adversely affected by 'something' in your office/building. It could be that the ventilation system is inadequate, poor air quality, poor air flow, an inability to adjust the temperature in the office, perhaps there are pollutants in the air that you may be allergic to such as mould, or dust mites, perhaps the humidity levels in your office is too high or too low. Perhaps the light levels also need to be adjusted. In other words, many variables may be a play that should be considered.
You may consult with an Occupational Hygienist in the Department of Occupational Health and Safety who can measure the air quality, measure the humidity levels, test for mould and other allergens and test for light levels. An Occupational Hygienist will investigate your complaints and make recommendations for change.
4. The office furniture has been moved around to accommodate another workstation. Now the electrical box on the floor is in the walkway. Is this not a safety hazard?
Yes, it is. Please contact Facilities at 22401 to have the electrical box relocated, and the hole in the floor capped. In the meantime, put something over the hazard to alert others that there is a danger. For example, put an overturned garbage can over the electrical box.
A service order may be required in order to get the work done.
5. There is a water fountain in our hallway. Today, I noticed a big water spill on the floor. What can I do?
First put some paper over the water - so as to alert other people that there is a danger. Then contact Facilities at 22401.
Depending on the internal policies of your department, you may call Facilities yourself or you may have to report your concerns through your supervisor. Many supervisors are happy if you take on this chore.
6. I have asthma. Some people in my department know this, but more particularly my supervisor knows. Yesterday around 4 pm, my supervisor informed us that a contractor was coming in tomorrow to sand down the office door so that it would lock better. My supervisor expects me to remain in my office during the sanding to work on a project, which is due the day after tomorrow (the required software is only on my computer and is not available on disks). What can I do?
a. Speak with your supervisor. Express your concerns – explain that you have asthma and that sanding will produce pollutants that could be unsafe for your health and that this could result in an asthmatic attack, which could be a life or death situation.
b. Contact a YUSA/APUY Health and Safety rep.
c. If after speaking with your supervisor, he or she does not seem concerned or will not make any changes to accommodate your health concerns, you have the right to invoke your right to refuse work under the proposed conditions as they occur.
Your supervisor is responsible for providing a safe and risk free environment for you. He or she should either try to relocate you to a risk free environment while the renovation continues or make alternate arrangements with the contractor to complete the work during the evening hours or when you will not be in the office.
d. If you choose to invoke your right to refuse work, you must be explicit about this with your supervisor. You must come into work on the day of the renovation. Your supervisor will then be forced to relocate you to another office and you may be given other types of work to complete if your usual setup cannot be provided. For example, since the software is not installed on any other computer, you may be asked to work on another project while you are relocated. You may even be asked to help with a mailing or another type of office work.
In the meantime, your YUSA/APUY Health and Safety Rep with the assistance of someone from the Department of Occupational Health and Safety will investigate the situation and make recommendations to your supervisor.
IF YOU DO NOT FOLLOW THESE INSTRUCTIONS, YOU COULD BE DISCIPLINED.
7. There is a large photocopier in my work area for high volume copying. When it runs, my lungs become congested and the temperature in the office rises. What is happening and what can be done?
Firstly, a high volume photocopier should not be located in a room with people working their regular shift. It should be located in a separate room, with extra ventilation. Your supervisor should check whether the filters on the photocopier have been changed according to the maintenance schedule. If it is impossible to re-locate the photocopier, your next option is to get yourself removed from the vicinity, noting to your supervisor your body’s response to the photocopier useage. You may need to support this with notes from your Doctor, e.g., if you are an asthmatic. You may want to get help from one of the YUSA Health and Safety Committee representatives, or perhaps even get the Union involved. As a last resort, remember that you always have the option of refusing to work if you feel that your health is been threatened.
8. I work alone in the evenings in my office. I am also the only staff person in the building in the evenings. I am afraid for my safety.
Speak with your supervisor. Speak with your health and safety reps.
The YUSA/APUY Joint Health and Safety Committee has dealt with this issue in the past few years.
It is strongly encouraged that, if possible, employees should not work alone in isolated areas. If it is a necessary work practice that an individual must work alone, several steps can be put in place to reduce risks:
· notify Security of the employee, location and telephone number
· provide panic buttons that can be carried on the person or under your desk
· provide a protective 'shield', e.g., an office with restricted access whereby a counter is used to attend to clients
9. Does my office layout contribute to workplace health and safety?
Definitely! It is strongly encouraged that you carefully think through your office layout. Some things to think about:
· try not to have your back to an open door while seated at your workstation
· if your office is an open concept, ensure that there are guard points in place to discourage persons wandering through or loitering. For example, use a chime alert on entrance doors to notify when someone has opened the door. Also, ensure that someone is always available in the 'foyer' who can monitor movement.
· store anything that can be used as a weapon out of sight, e.g., scissors, letter openers, knives
· restrict access to and movement within departments
Security provides consultation on office design in order to address safety and security issues. You may contact them at 416-650-8000.
10. I tripped on the Campus Walk while going to a meeting. What do I do?
a. If you are able to continue on to the meeting, do so. Contact your supervisor as soon as possible. Your supervisor will contact a YUSA/APUY Health and Safety rep and a Supervisor Report will be completed and submitted to the Department of Occupational Health and Safety.
b. If you have badly injured yourself from the fall. Try to get assistance from a passerby or someone in the vicinity. Contact Security. Ask Security to contact the Department of Occupational Health and Safety and call an ambulance. Also, ask Security to contact your supervisor. Your supervisor will contact a YUSA/APUY Health and Safety rep and a Supervisor Report will be completed and submitted to the Department of Occupational Health and Safety.
Supervisor Reports are kept on file at the Department of Occupational Health and Safety or the Department of Human Resources. Forms will be submitted to the Workplace Insurance and Safety Board when situations develop from incidents. For example, if an employee loses time from work due to a workplace injury, the form is submitted to WSIB as a claim.
11. While attending to a client today, he became hostile and verbally threatening. What should I have done?
Terry Wright of Security Services, who teaches courses such as “Violence in the Workplace”, would advise you to remain calm in order to de-escalate the hostility in the area. It is helpful to reflect back to the person their own feelings, e.g., “I see you are very upset…..tell me what has been happening to upset you?” Never raise you voice or get into name calling. Try not to get “boxed” into the room with the person blocking the only exit. This could be part of a room schematic previously considered with just this scenario in mind. You might also have considered panic alarms to link you with Security or have arranged for a “code word” that your office neighbours might hear and come to your assistance (in a non-threatening manner), or get help from Security.
12. I am unsure of my workplace health and safety rights and responsibilities. How can I find out more?
Read through the Ontario Occupational Health and Safety Act - copies should have been provided on departmental Health and Safety bulletin boards. The Act is also available:
· on the Department of Occupational Health and Safety (DOHS) web site at http://www.yorku.ca/dohs/index.htm
· on the Ministry of Labour's web site at http://192.75.156.68/DBLaws/Statutes/English/90o01_e.htm or you can navigate your way from the main page at http://www.gov.on.ca/lab/main.htm
Also, read through our Collective Agreement.
Consult with your health and safety reps - we will do our best to answer your questions and assist in addressing workplace health and safety concerns.
We all have a right to work in hazard free places. We also have a responsibility to work safely.
13. Does WSIB accept all claims?
Not necessarily. Once an incident/accident is reported to WSIB, the WSIB will investigate the situation. For example, you may be asked to provide supporting documents from your doctor or specialist, your physiotherapist, etc. Other supporting documents may also be requested. For example, if the incident was reported to the York Security, a reported would have been completed. In addition, if the Toronto Police had been called in by York Security to provide assistance, this report could also be requested.
WSIB is responsible for adjudicating all claims.
The Workplace Safety and Insurance Act governs
how the WSIB conducts its business.
Claims are considered on an individual basis.
Once a claim has been submitted, an Adjudicator will be assigned to your situation.
As an employee, you need to be careful of several things:
· ensure that you report all incidents and accidents
· ensure that you keep a record of incidents and accidents and when they were reported and to whom
· ensure that you keep a record of dates of visits to doctors/physiotherapists/massage therapists, etc.
· speak with your health and safety rep – he/she may be able to provide some direction
14. The light over my desk is out. Who should I call?
Facilities at extension 22401.
This phone number connects you to the person who arranges repairs of such caretaking items as replacing burnt out lights, water leaks, maintenance issues, etc.
Depending on the internal policies of your department, you may call Facilities yourself or you may have to report your concerns through your supervisor. Many supervisors are happy if you take on this chore.
15. I have been experiencing wrist/arm/shoulder/neck pains after working on my computer for several hours. I am afraid to say anything to my supervisor in case he/she thinks I am a complainer. What should I do?
There are several reasons why you should speak to your supervisor about pains that you may experience while working:
At the very least, if your supervisor is unaware that work processes and/or your workstation are causing you pain, this will continue for as long as you are working in that particular job. Changes cannot be made if this is not brought to the supervisor's attention. Moreover, if the situation is not addressed fairly soon, the pain/ache you are experiencing could develop into a severe condition that could become disabling and still affect you even after you have retired from York.
When work-related pains/aches are reported, your supervisor can arrange from an ergonomic assessment by the Ergonomist in the Department of Occupational Health and Safety. Furthermore, reporting work-related pains/aches is important because it will provide a record of any work-related injuries or incidences in the case that a severe condition develops and a claim is submitted to the Workplace Insurance and Safety Board (WSI B).
The Ergonomist may be able to suggest low-cost changes to your work processes that could address and/or reverse any pains/aches you may be experiencing. For example, showing you how to properly adjust your chair in relation to your monitor, also how to adjust your keyboard.
Ergonomic problems with workstations are common. It is better to deal with them while problems are relatively small, than to wait until you are virtually crippled.
If you are still uncomfortable speaking with your supervisor, you may call one of the YUSA/APUY health and safety reps. Health and safety reps are also trained in ergonomics and musculoskeletal injuries. Health and safety reps can conduct an inspection in your area and make suggestions for change and request the assistance of the Ergonomist to review your work area.
16. My chair is not adjustable/is broken/is hurting my back while sitting on it for the day. My supervisor says there is no money for a replacement. What should I do?
The Employer has an obligation (in our Collective Agreement and in the Occupational Health and Safety Act) to provide employees with a safe working environment. If your chair is broken or is harmful to you, it is not safe. Money for a replacement is not the issue. Once it has been identified, the concern needs to be addressed.
| SECTION E: WORKPLACE HEALTH AND SAFETY HAZARDS |
Some examples.....
1. Trip and fall hazards:
· uneven pavement
· electrical cords in walkways and hanging under desks
· fraying carpets
· uneven rugs
· gravel
· big chunks of salt in the winter
2. Slip hazards:
· water spills/leaks
· black ice
· sand
3. Musculoskeletal or Repetitive Strain Injuries:
· unnatural positions such as holding the phone with your neck bent and your should hunched
· using a poorly adjusted keyboard (height)
· having to reach a far distance away for the phone when it rings
· using a broken chair
· using a chair that does not provide proper lumbar support
· staring at a computer monitor for long periods that has glare from a window
4. Respiratory sensitivities:
· second hand smoke
· dust build up
· strong body odour
· perfume
· dust generated from renovations and construction projects
· vapours generated from painting projects
· vapours generated from renovations and constructions projects
· rodent excrement (e.g., mouse droppings)
· mould
· temperatures
· humidity
| SECTION F: EXAMPLES OF INCIDENTS, ACCIDENTS, INJURIES, HEALTH CARE INCIDENTS |
‚ Trip or fall caused by cords in walkways
‚ Slip or fall caused by water on the floor
‚ Trip or fall caused by uneven flooring
‚ Accidentally stabbing oneself with a pipette while preparing a science lab
‚ Experiencing pain, numbness in the wrist, shoulders, neck
‚ Experiencing lower back pain due to lifting or exerting pressure
‚ Asthmatic reactions to dust, fumes, construction/renovation activities
‚ Falling down stairs
‚ Bumping into doors
‚ Being threatened by clients, colleagues (violence in the workplace)
‚ Paper cut to the eye
‚ Chemical spills
‚ Electrical shocks from computer monitors
‚ Leaving small appliances turned >on=, e.g., coffee pot, kettle
| SECTION G: WAYS TO PROTECT YOURSELF |
· Educate yourself about your workplace health and safety rights and responsibilities
· Ask questions.
· Attend workshops, brown bag lunches, participate in health and safety training
[1] Smith, Doug. Consulted to Death: How Canada's Workplace Health and Safety System Fails Workers, Winnipeg: Arbeiter Ring Publishing, 2000, p. 20.
[2] Ministry of Labour. Guide to the Occupational Health and Safety Act. Ontario: Queen’s Printer for Ontario, 1996, p.2.
[3] Ibid.