New Joint Committee Members Inspections and Investigations

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New Joint Committee Members

Inspections and Investigations

PARTICIPANT HANDBOOK

Ministry of Labour
Inspections and Investigations

Employers’ Advisers Office (EAO)


The EAO is a branch of the Ministry of Labour.

The mandate of the EAO is found under section 352 of the Workers Compensation
Act. All services are complimentary as the expenses for the office are paid out of the
Worker's Compensation Accident Fund, which is funded entirely by the employers
of British Columbia.

The EAO provides independent advice, assistance, representation and education to


all employers or potential employers on workers compensation issues. Advisers are
available to discuss workers compensation claims management, assessments,
experience rating, safety or other areas of concern with you, your management staff
or your association.

Telephone, Fax or Email

Toll free: 1-800-925-2233 (Canada and USA)

Toll free fax: 1-855-664-7993 (Canada wide)

Website address: http://www.gov.bc.ca/employersadvisers

Email: EAO@eao-bc.org

Copyright/Disclaimer:

This resource is for informational purposes only and may be used for non-commercial, personal, or
educational purposes to help promote occupational health and safety, including as part of a health and
safety program. No part of this document may be copied, reproduced, or distributed for profit or other
commercial enterprise, nor may any part be incorporated into any other publication, without written
permission of the Provincial Government of British Columbia.

Use of this resource does not constitute an endorsement, express or implied, of any person, service
provider, service, or product. Use of this resource is at your own risk. Neither the Province of British
Columbia nor WorkSafeBC warrant the quality, accuracy, or completeness of any information contained
in the template, which is provided “as is” without warranty or condition of any kind.

Where indicated, samples and templates are © WorkSafeBC (Workers’ Compensation Board), used
with permission.

Publication date: August 2023

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Table of Contents
Introduction 5

Joint Health and Safety Committee (JHSC) 6

Understanding the Legislative Hierarchy 7

Related Law and Policy for Joint Committees 8

Related Regulation(s) for Joint Committees 10

Workplace Inspections 11

How to Conduct a Workplace Inspection 12

Inspection Checklist (Template) 13

Figure #1 What’s wrong with photo? 16

Figure #2 What’s wrong with photo? 17

ABC Hazard Classification 18

Inspection Report Blank 19

Inspection Report Sample 20

Inspection Report Sample 22

Accident Reporting and Investigations 23


SECTION 68 – IMMEDIATE NOTICE OF CERTAIN ACCIDENTS 23
SECTION 69 – INCIDENTS THAT MUST BE INVESTIGATED 26
SECTION 70 – INVESTIGATION PROCESS 26
SECTION 71 – PRELIMINARY INVESTIGATION, REPORT AND FOLLOW-UP ACTION 27
SECTION 72 – FULL INVESTIGATION, REPORT AND FOLLOW-UP ACTION 27
SECTION 73 – EMPLOYER OR SUPERVISOR MUST NOT ATTEMPT TO PREVENT REPORTING28

Summary of Employer and JHSC Investigation Responsibilities 28

Resources 30
WORKSAFEBC 30
EMPLOYERS’ ADVISERS 30
WORKERS’ ADVISERS 30
LEGISLATION, POLICY AND GUIDELINES 30

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Inspections and Investigations

WorkSafeBC Health and Safety Resources 31


OHS TRAINING 32
OHS REGULATION MOBILE APP 32
HEALTH AND SAFETY ASSOCIATIONS 33
CCOHS – INCIDENT INVESTIGATION 33

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Inspections and Investigations

Introduction
On April 3, 2017, changes to the Occupational Health and Safety (OHS) Regulation
regarding Joint Health and Safety Committees (JHSC) took effect. These changes include:

• Mandatory annual evaluation of joint committee effectiveness (regulation 3.26)


• Minimum training requirements for new joint committee members and new
worker health and safety representatives (regulation 3.27)
• Clarification as to the meaning of employer or worker representative participation
in employer incident investigations (regulation 3.28)

The EAO has developed the following webinars to assist employers and new joint
committee members in meeting the minimum training requirements under regulation
3.27:

• Rules of Procedures and Meetings


• Right to Refuse, Consultation and Making Recommendations
• Inspections and Investigations
• Committee Evaluations and Assessing Training Needs

Participants are asked to complete WorkSafeBC’s online e-learning component of the


training before attending any EAO webinar. The online training takes approximately 2
hours. The EAO webinars make up the remaining 6 hours of mandatory training.

This Participant Handbook is a companion to the facilitated virtual session. It references


relevant sections from the Workers Compensation Act, the OHS Regulation, Prevention
Policies and Guidelines. The Participant Handbook also contains additional information,
sample templates and exercises on topics addressed in the course.

The EAO wishes to acknowledge and thank WorkSafeBC for the use of many of the
materials and resources found in its Joint Health and Safety Committee Fundamentals:
Facilitator Guide, published April, 2017, and the Handbook for Joint Health and Safety
Committees

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Joint Health and Safety Committee (JHSC)


A JHSC is a committee made up of worker and employer representatives working
together to identify and resolve health and safety problems in the workplace.

To be successful, the JHSC must operate in an atmosphere of cooperation and be


effective in promoting and monitoring a sound occupational health and safety program.

While the employer is ultimately responsible for the overall safety program, the JHSC is
responsible for identifying and recommending solutions to problems. The individual
worker has a responsibility to report problems to the supervisor or employer. However,
if the problem is not corrected, a JHSC member should be contacted.

The JHSC’s role in the workplace includes:

• promoting safe work practices


• assisting in creating a safe and healthy workplace
• recommending actions to improve the effectiveness of the occupational health
and safety program
• promoting compliance with the Workers Compensation Act and the Occupational
Health and Safety Regulation

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Understanding the Legislative Hierarchy


It is important for JHSC members to have an understanding of the sources of law
governing occupational health and safety in British Columbia and how they relate to one
another. The sources are:

• Workers Compensation Act


• Occupational Health and Safety Regulation
• Prevention Policies
• Prevention Guidelines

The Workers Compensation Act (the Act) is the highest authority for health and safety in
the province and its provisions are mandatory. The Act reflects the policies of the
provincial government and sets out such matters as:

• when a JHSC is required at a workplace


• how it is to be created
• the duties of the JHSC
• workplace inspections and investigations
• safety enforcement

The provisions of the Occupational Health and Safety Regulation (the Regulation) are
created by WorkSafeBC and are also mandatory. The Regulation is designed to support
the broad provisions of the Act. For example, the Act requires the employer to ensure
the health and safety of its workers. The Regulation sets out safety requirements that
apply to all workplaces in the province, (such as right to refuse unsafe work and working
alone provisions); addresses specific hazards, (such as fall protection and chemical
exposure), and regulates the work processes for particular industries, (such as
construction and forestry).

Prevention Policies are also created by WorkSafeBC and are also mandatory. The policies
interpret the provisions of the Act and Regulation to help decision-makers and workplace
parties understand and apply them.

Guidelines are also created by WorkSafeBC but are not mandatory. Rather, they provide
further information about how compliance can be achieved under a particular section or
regulation, and the approach to compliance that a WorkSafeBC prevention officer can be
expected to take in an inspection at a workplace.

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Inspections and Investigations

The Guidelines communicate information to assist workplace parties in a variety of ways.


A Guideline may do one or more of the following:

• explain terms or phrases used in the Act or Regulation


• explain the intent of a legal requirement, or provide background or educational
information to enhance understanding of a legal requirement
• provide one or more suggested options for compliance
• prescribe procedures, measures, standards, or training courses acceptable to
WorkSafeBC
• communicate the existence of a vice-president directive suspending the
application of a regulatory requirement.

Related Law and Policy for Joint Committees


Numerous sections of the Act, Regulation and Prevention Policies outline the duties of
the JHSC. The tables below list the provisions that are most relevant to the JHSC. Please
note that the tables are not intended to identify all legislative and regulatory
requirements that apply to your workplace. Other sections of law and policy may apply
to your workplace because hazards and tasks vary from workplace to workplace within
the same industry.

Section of Act Policy(ies) and Description of Requirement


Guidelines
(where applicable)
13 None Definitions
21 P2-21-1, P2-21-2 and General duties of employers (including bullying
P2-21-3 & harassment provisions)
31 P2-31-1 When a joint committee is required
32 G-P2-32-1 Variations in committee requirements
33 None Membership of joint committee
34 None Selection of worker representatives
35 None Selection of employer representatives
36 None Duties and functions of joint committee
37 None Joint committee procedure
38 P2-38/39-1 Assistance in resolving disagreements within
committee
39 P2-38/39-1 Employer must respond to committee
recommendations
40 P2-40-1 Time from work for meetings and other
committee functions

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Section of Act Policy(ies) and Description of Requirement


Guidelines
(where applicable)
41 P2-41-1 and Educational leave
G-P2-41-1 Guideline: Joint Committee course approval
42 None Other employer obligations to support
committee
43 None Committee reports
44 None Employer must post committee information
45 P2-45-1 Worker health and safety representative
46 P2-46-1 Participation of alternate worker
Participation of worker representative in inspections
representatives in
inspections
63 None Notice of application for variance orders
68 P2-68-1 Major release of hazardous substance
G-P2-68-1 Guideline: WorkSafeBC notification of serious
injury
69 None Incidents that must be investigated
70 No Policy Investigation process
G-P2-70-1 Guideline: Participation by employer and
worker representatives in incident
investigations
71 P2-71-1 Preliminary investigation, report and follow-up
action
G-P2-71-1 Guideline: Preliminary incident investigation
and interim corrective actions
72 P2-72-1 Full investigation, report and follow-up action
G-P2-72-1 Guideline: Full incident investigation, report,
and follow-up actions
78 None Representation on inspection
82 None Employer must post inspection reports
83 to 97 Enforcement
P2-83-1 Compliance agreements
P2-84-1 Compliance orders
P2-85-1 Orders
P2-90/91/92-1 Stop Work Orders
P2-95-1 to P2-95-10 Administrative Penalties
P2-96-1 Orders – Cancellation/suspension of certificates
P2-97-1 OHS injunctions
G-P2-83-1
G-P2-84-3 Guideline: Compliance agreements
G-P2-94-1 Guideline: Protection of privacy in inspection
G-P2-95-2 reports
Guideline: OHS citations
Guideline: OHS penalties – High risk violations

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Related Regulation(s) for Joint Committees


Regulation Guideline Description of Requirement
2.5 None Inspection Reports

3.3 None Contents of health and safety program


3.5 None General requirements for inspections
3.7 None Special inspections
3.8 None Participation of the Joint Committee or representative
3.9 None Remedy without delay unsafe conditions
3.10 None Reporting unsafe conditions
3.11 None Emergency circumstances
3.12 G3.12 Procedure for refusal of unsafe work
3.12.1 None Reassignment of refused work
Repercussions for exercising right to refuse are not allowed;
Referred to
3.13 however, temporary assignment to alternative work pending
in G3.12
resolution is allowed
3.23(2)(m) G3.23 Young or new worker orientation and training
3.26 G3.26 Evaluations of Joint Committees
Minimum training requirements for new Joint Committee members
3.27 G3.27
or worker health and safety representatives
Participation by employer or representative of the employer and
3.28 G3.28
worker representative (Participation in investigations)
4.3 G4.3(2) Safe machinery and equipment
4.9 None Inspection and maintenance records
4.21(5) G4.21 Procedures for checking well-being of worker
4.53(1) G4.53 Consultation (Ergonomics – MSI – requirements)
5.5 G5.5 WHMIS programConsultation on education and training
5.16 None Availability of a Safety Data Sheet (SDS)
5.16.1 None Availability of toxicological data
5.54(3) G5.54-3 Exposure control plan (Hazardous materials)
5.59(2) G5.59 Investigating symptoms (Hazardous materials)
5.97(3) G5.97 Emergency plan
6.10(2) G6.10 Substitution (Asbestos)
8.4 None Workplace evaluation (Personal protective equipment)
8.6(1) None Annual review (Personal protective equipment)
Qualifications (Confined space, hazard assessment and work
9.11 G9.11
procedures)
21.4 G21.4 Blasting log
31.3(1) None Health and safety Committee (Firefighting)
31.9 None Test records (Firefighting)

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Notes:

Workplace Inspections
Effective inspections are one of the most important prevention tools in a
company’s health and safety program. Early identification of existing and
potential hazards, followed by prompt corrective action, is an effective way to
prevent injuries and occupational diseases.

JHSC members have the duty to ensure workspace inspections are undertaken
and to participate in them.

A comprehensive workplace inspection program can include:

• daily inspections of equipment


• initial startup inspections
• daily or weekly supervisor inspections
• weekly or monthly departmental inspections

In addition to regularly scheduled inspections, an inspection should occur


whenever a new work process or new equipment has been introduced to the
workplace.1

There are many benefits to conducting workplace inspections. Regularly


scheduled inspections allow JHSC members to touch base with fellow workers
and supervisors and discuss any safety concerns they may have in carrying out
their work. Inspections also enable a better understanding of the job tasks being
performed. Specifically, the benefits of workplace inspections include:

• Identifying insufficient worker training


• Discovering any equipment deficiencies
• Improving work procedures
• Identifying any negative effects of operational changes
• Demonstrating a commitment to safety

1
It is important to note that general safety inspections do not replace the regular pre-use and scheduled inspections
required for certain types of tools and equipment.

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Inspections and Investigations

An effective inspection program will go a long way to reduce or prevent work-


related injuries and illnesses.

How to Conduct a Workplace Inspection


The purpose of an inspection is to identify and eradicate potential and actual
hazards. In order to do this, the JHSC will need to be aware of the employer’s
standards and safe work procedures for all job tasks. Familiarity with any
regulatory requirements for each work activity and an understanding of the
applicable industry and manufacturer standards is also required.

As part of your inspection process, review records of any previous accidents,


incidents or near misses. Doing so can assist in determining which tasks,
processes, machinery or equipment are associated with higher incident
frequency.

When the time comes to do the inspection, a checklist may be helpful. A checklist
helps control the inspection activities and provides an on-the-spot report of what
is observed.

WorkSafeBC has developed an Inspection Checklist template outlining the most


common areas of focus for a workplace safety inspection.2 The checklist is set out
on pages 11 to 13. Please note that this template is to be used as a guideline only.
Every workplace will have its own needs for routine inspections of facilities,
equipment, and work practices. Consequently, look to make any modifications,
additions or deletions to suit the needs of your particular workplace.

A word of caution: use the checklist as a tool, but do not be so focused on it that
other hazardous conditions may be missed. JHSC members are advised to keep
an open mind and to look beyond any general impressions they may have.

During the inspection, note observations and record findings systematically.


Record any items that are not up to pre-determined standards. Clearly describe
any identified hazard and its exact location. A diagram of the workplace may be
helpful for this purpose.

2 Other inspection checklists that WorkSafeBC has produced include the Small Business Health and Safety Program
Inspection Checklist. For additional samples, search “inspection checklists” on www.worksafebc.com

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Inspections and Investigations

Inspection Checklist (Template)3


Inspection completed by:_______________________________

Date and time:_______________________________

For any item identified as deficient (N), use the Inspection report at the end of
this checklist to document details of the problem and recommended action.

Y N n/a
# Facilities and equipment
Emergency equipment and procedures
1 Equipment present and working:
2 Fire extinguishers
3 Fire detection & suppression systems
4 First aid kits
5 Eye wash stations
6 Emergency lighting
7 Alarms
8 Escape routes and muster points signed
9 Emergency procedures signed
10 Emergency contact information posted
11 Emergency drill performed in last 12 months
Floors, walkways, and stairways
12 Well-lit
13 No blind corners
Free of tripping hazards (e.g., clutter, damaged mats, uneven flooring,
14
uncovered cables)
15 Dry, clean, and free of slipping hazards
16 Railings and guardrails in place and secure
Entrances and parking lots
17 Well-lit
18 Clear of obstructions
19 Entrances are secured
Clear signage in parking lot (no parking, speed limits, direction of
20
traffic, etc.)
Shop floors and work yards
21 Appropriate lighting for work tasks
22 Air flow and ventilation appropriate for work tasks

3 WorkSafeBC, Joint Health & Safety Committee Fundamentals: Participant Workbook, April 2017, pp. 17-19.

Employers’ Advisers Office 13


Inspections and Investigations

Y N n/a
23 Piping for gas, compressed air, etc. clearly labelled
24 Electrical control boxes have clear access
25 Circuit breakers and starter switched clearly marked
26 Adequate heating and cooling
27 Safe noise levels or hearing protection provided as required
28 Pedestrian traffic separated from vehicle traffic where practical
Materials
Stacked materials are stable (interlocked, strapped, or other means of
29
restraint)
30 Stacked materials are not near ignition sources
31 Stacked materials do not obstruct sprinkler systems
Containers and storage racks undamaged and appropriate for
32
materials
33 Hazardous materials are properly labelled
Flammable and hazardous materials secured and stored in approved
34
containers
35 SDS available and less than three years old
Tools and equipment
36 Maintenance log up-to-date
37 Inspection log up-to-date
Warning signage for physical hazards created by equipment and
38
processes
39 Hazardous points of operation adequately guarded
Safeguards in place, in good condition, and cannot be easily removed
40
by workers
41 Lockout procedures posted
42 Equipment positioned to avoid endangering other workers
43 Workers protected from materials ejected from tools or equipment
Equipment controls clearly labelled and within easy reach, but
44
protected from inadvertent activation
45 Defective tools and equipment tagged and removed from service
46 PPE available as required for all workers
Ladders
47 Ladders are appropriate for the work task
48 Ladders are in good condition with no obvious signs of wear and tear
Mobile equipment
49 Maintenance logs up-to-date
50 Pre-use inspection logs up-to-date
51 Operators are trained

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Inspections and Investigations

Y N n/a
Vehicles
52 Maintenance logs up-to-date
53 Inspection logs up-to-date
Other areas of focus
54 Problems identified in previous inspection(s):
55 Priority areas as defined by the joint committee:
B. Workplace practices
Work practices — general
56 Workers trained for specific work tasks
57 Workers supervised for work tasks
58 Tools used for their designed purposes only
Personal protective equipment (PPE)
59 Workers are trained in correct PPE use
60 Used consistently and correctly
61 Maintained in good working order
62 Inspected and replaced on schedule
Ladder Use
63 Workers not required to carry materials up and down ladders
Ladders are used only for non-routine activities completed in 15
64
minutes or less
65 Fall protection used when required
66 3-point contact maintained
Slipping and tripping avoidance
67 Handrails are used
68 Spills cleaned immediately
69 Well-fitting, non-slip footwear worn
Ergonomics
70 Available assistive equipment and/or mechanical aids used
71 Tasks are varied or rotated to minimize repetitive movement
72 Loads assessed before lifting or pulling
73 Loads maintained close to body
74 Lifting with legs
75 Upper body kept erect
76 Natural reaching without having to over-extend
77 Workstations and seating at proper height

Safe work practices for high-risk work conform to regulatory requirements and are followed
for:
78 Working at elevation
79 Asbestos exposure

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Inspections and Investigations

Y N n/a
80 Exposure to hazardous materials
81 Working in excavations
82 Entry into confined space
83 Working near combustible dust
84 Hand falling or bucking
85 Use of explosives, or flammable or combustible materials
86 De-energization, lockout, and safeguarding
87 Exposure to violence
Other areas of focus
88 Problems identified in previous inspection(s):
89 Priority areas as defined by the joint committee:

Figure #1 What’s wrong with photo?

© WorkSafeBC (Workers’ Compensation Board), used with permission.

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Inspections and Investigations

Figure #2 What’s wrong with photo?

© WorkSafeBC (Workers’ Compensation Board), used with permission.

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Inspections and Investigations

ABC Hazard Classification


The seriousness of the hazard and how quickly it should be addressed should
also be documented. To do this, the ABC Hazard Classification approach may be
used:

• Class A is a condition or practice that is likely to cause permanent disability, loss


of life or limb, or extensive loss of property. For such hazards, work should be
stopped and the problem addressed immediately.
• Class B is a condition or practice that is likely to cause serious injury or illness or
disruptive property damage. This type of hazard should be attended to without
delay; however, work may continue provided no worker is exposed to the hazard.
• Class C is a condition or practice likely to cause non-disabling injury or illness or
non-disruptive property damage. These hazards should be attended to as soon
as practicable.

Do not exclude any condition simply because it was corrected during the
inspection. A record of all corrected items will provide evidence of compliance
with the Act and Regulation and help to identify any repeat issues.

Any deficiencies found during the regular inspection should be reported to the
supervisor. If corrective action is not taken or is not taken to the satisfaction of
the JHSC, the item should be included on the agenda for consideration at the next
JHSC meeting.

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Inspections and Investigations

Inspection Report Blank Hazard Rating Legend

A – High B – Medium C - Low

INSPECTION REPORT
DATE: _____________ INSPECTORS: _________________________________________

TO BE COMPLETED BY INSPECTION TEAM: ASSIGNED FOLLOW UP:


BY
MANAGER:
ITEM HAZARD AND HAZARD CORRECTION DATE TO BE ACTION TAKEN
NO. LOCATION RATING BY (PERSON) COMPLETED COMPLETED/DATE
(ACTION IF ABC PENDING
APPROPRIATE)

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Inspections and Investigations

Inspection Report Sample Hazard Rating Legend

A – High B – Medium C - Low

INSPECTION REPORT
Date: January 18, 2018 Inspectors: George Green & Orville Stewart

TO BE COMPLETED BY INSPECTION TEAM: ASSIGNED FOLLOW UP:


BY
MANAGER:
ITEM HAZARD AND HAZARD CORRECTION DATE TO BE ACTION TAKEN
NO. LOCATION RATING BY: PERSON COMPLETED COMPLETED/DATE
(ACTION IF ABC PENDING
APPROPRIATE)
FURNITURE
SHOP
1 No. 4 table saw A Phil Lowe Immediate Completed January
guard has been (operator) 18
removed and Correct and
could not be establish
located. reason.
Tagged out-of-
service until
corrected.
2 Fire B Tim Jones January 19 Completed January
extinguisher at (new 19
planer is extinguisher
missing. from stores)
3 Belt sander was B George January 18 Completed
left running Green to
and no enforce
operator
present. We
shut it off.
4 Grinding stone A J. Singh Immediate Completed January
need to be (foreman) 18
redressed.

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Inspections and Investigations

5 Belt sander was B J. Singh for January 26 Completed January


left running Crew Talk 21
and no
operator
present. We
shut it off.
MAINTENANCE
6 Ground prong A Fred Peters Immediate Completed January
missing from 18
portable drill.
Removed from
service
7 Storage room C Fred Peters January 26 Completed January
cluttered 24
8 Broken glass A Fred Peters January 19 Completed January
on gauge of 19
oxygen
acetylene unit.
Tagged out-of-
service.
PAINT BOOTH
9 Open container B Dave Asante Immediate Completed January
of solvent left to correct & 18
unattended establish
reason.
10 WHMIS label B Dave Asante Immediate Completed January
illegible on 21
paint container.
11 Worker not A Dave Asante Immediate Crew Talk given on
wearing for follow-up January 19
respirator while Crew Talk
spray painting.
Corrected on
site.

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Inspections and Investigations

Inspection Report Sample Hazard Rating Legend

A – High B – Medium C - Low

INSPECTION REPORT
Date: January 18, 2018 Inspectors: George Green & Orville Stewart

TO BE COMPLETED BY INSPECTION TEAM: ASSIGNED FOLLOW UP:


BY
MANAGER:
ITEM HAZARD AND HAZARD CORRECTION DATE TO BE ACTION TAKEN
NO. LOCATION RATING BY: PERSON COMPLETED COMPLETED/DATE
(ACTION IF ABC PENDING
APPROPRIATE)
SHIPPING
12 Semi wheels not A Drive & Paul Immediate Completed January 18
chocked. Lapierre
13 Paint lines on B Fred Peters February 1 Pending Weather
dock are faded. (Maintenance
Supt.)
14 Racking at south B Fred Peters February 1 Pending re new
wall of warehouse racking. Racking not
is damaged. Has used.
been hit by
forklift.
OFFICE A J. Singh Immediate Completed January 18
(foreman)
15 Exit light out at B Sharon Price January 20 Completed January 19
mail room.
16 Carpet torn in C Tim McMillan February 21 Completed January 25
accounting.
17 Secretary using B Sharon Price January 19 Completed. Crew Talk
chair to reach top January 19
shelf. Corrected
immediately and
located
stepladder.

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Inspections and Investigations

Accident Reporting and Investigations


Accident reporting and investigations are found in sections 68 to 73 of the Act. What
follows is a brief overview of these sections.

SECTION 68 – IMMEDIATE NOTICE OF CERTAIN ACCIDENTS


Section 1 of the Act defines an “accident”, in relation to a worker, as one that includes a
willful and intentional act that is not the act of the worker, and a fortuitous event
occasioned by a physical or natural cause.

Section 68 of the Act requires employers to immediately notify the Board of the
occurrence of any accident that resulted in:

• the death or serious injury to a worker


• a major structural failure or collapse
• a major release of hazardous substances
• a fire or explosion with potential for serious injury
• a dangerous incident involving explosives
• an incident required by regulation to be reported

Serious Injury

As noted above, Section 68 of the Act provides that the employer must notify
WorkSafeBC of an accident that resulted in the serious injury or death of a worker.

Guideline G-P2-68-1 sets out what WorkSafeBC considers to be a "serious injury," which
an employer would be required to report to WorkSafeBC. A serious injury is any injury
that can reasonably be expected at the time of the incident to endanger life or cause
permanent injury. Serious injuries include both traumatic injuries that are life
threatening or that result in a loss of consciousness, and incidents such as chemical
exposures, heat stress, and cold stress which are likely to result in a life-threatening
condition or cause permanent injury or significant physical impairment.

Traumatic injuries that should be considered "serious injuries" include:

• Major fractures or crush injuries, such as


o A fracture of the skull, spine, or pelvis
o Multiple, open or compound fractures, or fractures to major bones such as
the humerus, fibula or tibia, or radius or ulna
o Crushing injuries to the trunk, head or neck, or multiple crush injuries

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Inspections and Investigations

• An amputation, at the time of the accident, of an arm or leg or amputation of a


major part of a hand or foot
• Penetrating injuries to eye, head, neck, chest, abdomen, or groin
• An accident that caused significant respiratory compromise, or punctured lung
• Circulatory shock (i.e. internal hemorrhage) or injury to any internal organ
• Lacerations that cause severe hemorrhages
• All burns that meet the rapid transport criteria of the Occupational First Aid
Training Manual, including
o Third degree burns to more than 2% of the body surface
o Third degree burns to the face, head, or neck
o Burns of any degree with complications
• An asphyxiation or poisoning resulting in a partial or total loss of physical control
(i.e. loss of consciousness of a worker in a confined space) or a respiratory rate of
fewer than 10 breaths per minute or severe dyspnea (difficult or laboured
breathing)
• Decompression illness, or lung over-pressurization during or after a dive or any
incident of near drowning
• Traumatic injury which is likely to result in a loss of
o Sight
o Hearing
o Touch

Injuries that require a critical intervention such as CPR, artificial ventilation or control of
hemorrhaging or treatment beyond First Aid, such as the intervention of Emergency
Health Services personnel (e.g. transportation to further medical attention), a physician
and subsequent surgery, or admittance to an intensive care unit should also be
considered "serious injuries."

Major Release of a Hazardous Substance

Section 68 provides that employers must notify WorkSafeBC of any accident that involved
the major release of a hazardous substance. The term "major release of a hazardous
substance" is explained in Policy Item p2-68-1.

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Inspections and Investigations

“A major release does not only mean a considerable quantity, or the peculiar
nature of the release, such as a gas or volatile liquid, but, more importantly,
the seriousness of the risk to the health of workers. Factors that determine
the seriousness of the risk include the degree of preparedness of the
employer to respond to the release, the necessity of working in close
proximity to the release, the atmospheric conditions at the time of the release and the nature
of the substance. “

Immediately

Employers are required to report serious injuries and fatalities to WorkSafeBC


immediately. This reporting should occur as part of the employers' response at the time
of the accident. In responding to the accident, employers should address any workplace
conditions that present an immediate hazard to other workers, ensure first aid and
medical treatment for the worker, and then notify WorkSafeBC.

The purpose of the reporting requirement in section 68 is to ensure that a WorkSafeBC


prevention officer and/or an investigations officer is able to respond to the accident, as
soon as possible, in order to:

• Attend at the scene to conduct an investigation and ensure the integrity of the
scene
• Offer availability of counseling services, as appropriate
• Inspect the workplace to ensure workers are protected before work is resumed
• Ensure any post-accident response or cleanup is performed in a safe manner
• Provide a referral to compensation services

The requirement to immediately report a serious injury or fatality is separate from the
requirement to report injuries for claims purposes. Filing a Form 7, which is the form
used to report an injury for claims purposes, will not satisfy the obligation to immediately
report a serious injury or fatality.

Failure to immediately notify WorkSafeBC of a serious injury or fatality will be considered


a breach of section 68 of the Act and may result in an administrative penalty.

To report a serious incident or fatality (24 hours a day, 7 days a week):

Phone 604-276-3100 in the Lower Mainland or 1-888-621-7233 (1-888-621-SAFE).

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SECTION 69 – INCIDENTS THAT MUST BE INVESTIGATED

Section 69 of the Act requires the employer to conduct a preliminary investigation under
section 71 and a full investigation under section 72 respecting an accident or incident.

Part One of the Regulation defines “incident” as including an accident or other


occurrence which resulted in or had the potential for causing an injury or occupational
disease. Incidents are therefore broader than the defined “accidents” and include a near
misses.

An accident or incident requiring investigation is that which:

• is required to be reported by section 68,


• resulted in injury to a worker requiring medical treatment,
• did not involve injury to a worker, or involved only minor injury not requiring
medical treatment, but had a potential for causing serious injury to a worker, or
• is an incident required by regulation to be investigated

Note: The above does not apply in the case of a vehicle accident occurring on a public
street or highway.

The purpose of investigating a workplace accident or incident is:

• most importantly to find out the cause


• to prevent recurrences and injuries
• to recommend corrective actions
• to save time, money and lives and
• to fulfill legal requirements (it’s the law)

SECTION 70 – INVESTIGATION PROCESS

Section 70 of the Act requires an investigation to be carried out by persons


knowledgeable about the type of work involved and, if they are reasonably available, with
the participation of the employer or a representative of the employer and a worker
representative.

Section 70 and Regulation 3.28 set out what worker representative “participation” looks
like during investigations. Specifically, worker representatives should assist the person
carrying out the investigation with:

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• viewing the scene of the incident


• providing advice respecting methods used to carry out the investigation, the
scope of the investigation, or any other aspect of the investigation
• gathering information relating to the investigation
• analyzing the information gathered during the investigation
• identifying corrective actions to prevent recurrence of similar incidents

Guideline G-P2-70-1 sets out what is meant by “reasonably available”. Factors to be


considered include:

• the location of the incident and the time required for a worker representative to
attend
• the availability of a worker representative for an after-hours investigation if they
are on shiftwork
• the type of investigation involved

If no worker representative is available until after the expiry of the 48-hour deadline, the
preliminary investigation should proceed. The attendance of worker representatives
should be accommodated as best as possible for the full investigation.

SECTION 71 – PRELIMINARY INVESTIGATION, REPORT AND FOLLOW-UP


ACTION

Section 71 of the Act sets out the requirement for an employer to conduct a preliminary
investigation of a section 69 incident within 48 hours of the incident. A preliminary
investigation must be done and a report completed within 48 hours of the incident.
During this phase, the employer must identify any unsafe conditions, acts or procedures
and take interim corrective action to allow work to resume safely until a full investigation
has been completed.

SECTION 72 – FULL INVESTIGATION, REPORT AND FOLLOW-UP ACTION

Section 72 of the Act set out the requirement for an employer to conduct a full
investigation immediately after completing a section 71 preliminary investigation and a
report provided to WorkSafeBC within 30 days of the incident. This phase includes

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Inspections and Investigations

identifying the factors and unsafe conditions that caused the incident. The employer
must also detail the corrective action it will take to remove or minimize any unsafe
practices or procedures. Sometimes the nature of the incident allows an employer to do
a full investigation within the 48-hour period, in which case only the full investigation
report needs to be completed and submitted to WorkSafeBC.

SECTION 73 – EMPLOYER OR SUPERVISOR MUST NOT ATTEMPT TO


PREVENT REPORTING
Section 73 prohibits employers and supervisors from preventing a worker from reporting
an injury or hazardous condition.

Summary of Employer and JHSC Investigation


Responsibilities4
Employer Joint Committee
• Notify WorkSafeBC of incidents as • Ensure that incident investigations are
required carried out as required by the Act and
• Conduct a preliminary investigation Regulation
within 48 hours to identify any unsafe • Provide meaningful participation in
conditions, acts, or procedures that incident investigations, as specified by the
significantly contributed to the incident Act and Regulation
• Conduct a full investigation immediately • Review the Employer Incident
after completing the preliminary Investigation Report (EIIR) and associated
investigation to determine the cause(s) of corrective action reports
the incident • Ensure that action items are completed
• Ensure incident investigations are carried
out by persons knowledgeable in the type
of work involved
• Ensure the incident investigation includes
the participation of the employer and a
worker representative if reasonably
available
• Prepare and distribute the Employer
Incident Investigation Report (EIIR) and
associated corrective action reports to the
joint committee

4
WorkSafeBC, Handbook for Joint Health and Safety Committees, p. 16.

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• Ensure a report of the full investigation is


submitted to WorkSafeBC within 30 days
of the incident

As noted above, the responsibilities of the JHSC include ensuring that accident
investigations are carried out as required and participating in them as provided under
the OHS provisions and Regulation.

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The Employers’ Advisers Office offers a specific seminar dedicated to accident/incident


investigations. Please visit our website listed in the Resources provided below for more
information.

Resources
WORKSAFEBC
Use the contact us link at the bottom of every worksafebc.com page to find direct
access information for:

Reporting unsafe working conditions

Regional offices

Claims and insurance assistance

Crisis support

EMPLOYERS’ ADVISERS
We offer seminars on relevant topics such as investigations and new worker
orientation.

WORKERS’ ADVISERS
Contact the Workers’ Advisers Office if you raised an issue of health and safety in the
workplace and your employer took some action — or failed to take some action —
that adversely affected your terms of employment or membership in a union.

LEGISLATION, POLICY AND GUIDELINES


Workers Compensation Act

Occupational Health And Safety Regulation

Prevention Policies

Guidelines

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WorkSafeBC Health and Safety Resources


WorkSafeBC has published hundreds of resources on health and safety. No matter
what industry you work in, you can find useful books, posters, videos, and interactive
tools on a range of topics to help enhance the health of safety of your workplace.

There are a number of ways to access information:

1. Start from the Health & Safety tab on worksafebc.com and browse by topic or
industry.

2. Use the search bar on the top-right corner to search by keyword. You can then
narrow your search results by selecting a specific resource type (from the
options listed on the left), such as forms, checklists, safety talks, or hazard
alerts. You can also use the selections on the left to identify resources by
language, since translated versions of many resources are available.

3. If you’re searching specifically for regulatory information, start from the


Occupational Health and Safety Regulation page.

4. Use the “I am a …” tabs at the top of each page and links at the bottom of each
page to jump directly to information for specific audience, including workers,
employers, and joint health & safety committees.

5. If you want to order hard copies of resources you can do so through the
WorkSafeBC Bookstore.

See also:

1. Joint Health and Safety Committees - FAQs

2. Handbook for Joint Health and Safety Committees

3. Refusing Unsafe Work

4. Refusing Unsafe Work - Meeting Guide

5. Safety Inspections Workbook

6. Reference Guide for Employer Incident Investigations

7. WorkSafe Magazine

8. Joint Health and Safety Committee Evaluation Tool

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9. Employer Health and Safety Planning Tool Kit

10. Industry health and safety data

OHS TRAINING
The OH&S Training Providers website lists training courses related to a wide range of
health and safety issues, including joint Committee work. The site organizes courses
by region so you can select training providers near you.

OHS REGULATION MOBILE APP


The OHS Regulation mobile app allows you to search and browse the OHS law and
policy documents on your mobile device. Once installed, you can access the
information offline.

The app contents include:

1. Workers Compensation Act

2. Occupational Health and Safety Regulation

3. OHS Guidelines

4. Policies

5. Standards

These are accessible via the Browse button, or use the Search function to find
information by topic or keywords.

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The app also allows you to save your most-


used sections in a Favourites list. Select the
Bookmark button on any of the contents
pages to add that section to your Favourites.

The app is available for iOS and Android. Visit


worksafebc.com, or download directly from
the iTunes or Google Play app sites. Once you
have installed it on your device, select
Settings and click “Check for Updates” to
make sure you have the most up-to-date
information.

HEALTH AND SAFETY ASSOCIATIONS


Health and safety associations (HSAs) have in-depth knowledge of workplace health and
safety issues in the industries they serve. A list of HSAs in B.C., along with information
about the services they offer and their contact information, can be found here.

CCOHS – INCIDENT INVESTIGATION


Canadian Centre for Occupational Health and Safety website contains a wide range of
health and safety information.

Employers’ Advisers Office 33

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