Bruce Jackson, PgCert, DipAEd, PID, CMIOSH, CRSP, CET

Advocate Workplace Safety Services

Vancouver, B.C.

Presentation Topics

•Focus of OH&S regulatory inspections in B.C.

•What to expect from a workplace inspection conducted by WorkSafeBC

•Regulatory enforcement tools available in the B.C. OH&S Legislation

•Role of auditing in OH&S management (Compliance vs. Management System Audits – COR/non-COR) in regulatory compliance

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Workplace Inspections Conducted by WorkSafeBC

•Basic objective to assess/ensure compliance with the applicable legislation

•Various strategies and initiatives have additional goals and objectives

• Inspectional activity focused in two areas:

•High risk strategies

• Industry initiatives

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WorkSafeBC High Risk Strategies

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Industry Initiatives

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1. Occupational Disease • Asbestos, lead, welding fume, solar, etc.

2. Risk-based/Specialty • Confined space, cranes, film production,

marine sector, and oil & gas

3. Vulnerable Worker • Agriculture • Bullying, harassment & discrimination• Program & committee evaluation

(PACE)• Serious injury prevention initiative (SIPI)

WorkSafeBC Officer Activities

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2016

Inspection Reports Issued 41,589 (70% related

to worksite visits)

52% of reports contained

no orders (violations of

OHSR/WCA)

Order-to-Worker Reports

Issued 224

None associated with fine,

etc.

Education Reports 698Internal Reports –not

provided to employer*

Consultation Reports 6,369Internal Reports –not

provided to employer*

What Happens Following a WorkSafeBC Inspection Options exist for how non-compliance is addressed

• Issue a Compliance Agreement (alternative to an order)

• Issue orders requiring the employer to correct non-compliance identified

• Non-compliance orders may be accompanied by an associated stop use or stop work order

• Stop work orders may be applied to other work locations where same work is done, and/or

• Prohibit employer from commencing new work of same type until deficiencies are corrected

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Orders Issued after an Inspection

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2016

Orders Issued 31,781 Non-compliance orders

Orders Complied with Promptly 86% Typically within a month or less

Orders Requiring Multiple

Follow-ups 14%

Varies in duration depending on

issues

Orders to Stop Use 178 Mostly high risk related

Orders to Stop Work 472 Mostly high risk related

Temporary Cessation of Work 362Compliance achieved

immediately

Orders to Stop Operations 4Cessation of same/similar work

at other work locations

Compliance Enforcement Tools in B.C.

•Stop Use Orders (may or may not result in an administrative penalty)

•Stop Work Orders (as above)

•OHS Citations (“lower maximum amount” administrative penalties)

• Initial Citation - $519.86 (per order)

• Subsequent Citation - $1,039.72 (per order)

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Compliance Enforcement Tools in B.C.

•Administrative Warning Letters (no financial penalty)

•Administrative Penalties (financial penalties)

•Court Injunction (restraining an individual from carrying on in an industry)

•Prosecution via the courts

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Administrative Penalties in B.C.

Three basic criteria for imposing penalties:

• High-risk of serious injury, illness or death

• Designated high-risk violation

• Deemed high-risk based upon the application of high-risk criteria

•Repeat non-compliance with the same requirement within a period of time (typically 3 years)

•Failure to comply with an order in a timely manner (continued non-compliance)

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Designated High-Risk Violations

• Entering an excavation over 4’ in depth contrary to the OHSR (shored, sloped, etc.)

• Working at over 10’ without using a system of fall protection

• Entry into a confined space without pre-entry testing, inspection to verify precautions are effective

• Causing work disturbing asbestos or material that may contain asbestos without the necessary precautions in place

• Hand falling or bucking without the necessary precautions in place

• Work in the vicinity of combustible dust without the necessary precautions in place

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Application of High-Risk Criteria

• Circumstance that expose a worker(s) to a high risk of serious injury, serious illness, or death

• Involve an assessment of the likelihood of an incident or exposure occurring, and

• The likely seriousness of any injury or illness that could result if the injury or exposure occurs

• Can be applied to any circumstance not captured by other aspects of the penalty policy*

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Penalty Amounts

• Based upon 0.5% of an employer’s assessable payroll

• Amount is increased based upon whether:

• Violation(s) were high-risk in nature

• Were intentional

• Involved attempt to prevent reporting

• Involved obstruction

• Involved a breach of a stop use or stop work order

• A previous penalty within past 3 years was for the same violation(s)

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Administrative Penalties in B.C.

2016

•361 Administrative Penalties imposed – total value: $5,434,627.00

2017

•Administrative penalties totalling ~$8,000,000.00 imposed

•Largest single penalty - $637,415.60 relating to asbestos abatement work

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Median OH&S Fines in Canada

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BC: $23,500

Alberta: $275,000

Canada: $97,500

Certificate of Recognition Program in B.C.

• OH&S COR certified employers receive a 10% rebate on their base assessment rate*

• Discount for RTW program frozen pending new standard, audit tool & auditor training

• Eight Certifying Partners (construction, forestry, agriculture, local gov’t employers, upstream oil & gas, tourism & hospitality)

• COR program in BC is associated with lower injury rates, most notably in the construction and forestry sectors*

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OH&S Management Systems & Compliance

• Established OH&S management system standards include a clause regarding compliance with legal obligations

• CSA Z1000-14 – Clause 4.2.4 (b)

“...Includes a commitment to comply with applicable OHS legal requirements, and other requirements”.

• ANSI Z10-2012 – Clause 6.1 (F)

“Assessment of performance relative to applicable legal and other requirements as determined by the organization”

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OH&S Management Systems & Compliance

• ISO 45001: 2018 – Clause 6.1.4 Planning Action, subsection (a) (2)

“Address legal requirements and other requirements”

• OHSAS 18001: 2007 – Clause 4.2 (c) – OH&S Policy

“Includes a commitment to at least comply with applicable legal requirements and with other requirements to which the organization subscribes that relate to its OH&S hazards”.

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COR Auditing & Regulatory Compliance

• None of the COR audit tools used by the Certifying Partners are intended to evaluate compliance*

• COR Certification does not imply that a robust framework for ensuring compliance with applicable legislation is in place, or that the employer is in compliance

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Bruce Jackson

Advocate Workplace Safety Services