Occupational Health & Safety Guide

Due diligence requires that the party charged be able to establish that they took all reasonable and practicable care to avoid the particular event giving rise to the prosecution.

This must be proven in the form of verbal evidence and backed up by written documentation. If there is no documentation to back up the verbal evidence, then the possibility is greater the company will be found guilty as charged.

By implementing and documenting all elements of your Health and Safety Program, this demonstrates the Owner/Manager commitment to meet “Due Diligence” requirements.

These actions mean: A means to an end; not an end in itself. Taking reasonably practicable precautions, a standard to evaluate program effectiveness, deterring substandard performance, and motivating proactive actions as we worry about, “what is” reasonable care.

• Establish a safety policy
• Provide a safe workplace
• Maintain a safety program and promote safety awareness
• Ensure proper training of employees when required
• Instruct workers about safety
• Ensure that regular inspections are done
• Correct unsafe practices and conditions
• Enforce safety rules
• Provide first aid
• Investigate all accidents
• Report injuries to the Workers’ Compensation Board
• Ensure compliance with health and safety rules and legislation
• Coordinate sub-contractor, employee, and supervisor practices so they meet those established by Wall FX Ltd.
• Supply the necessary first aid facilities and personnel as required by safety legislation.
• Set a good example by conforming to the Health and Safety Program

• Act as health and safety representative on behalf of Wall FX Ltd.
• Promote safety awareness
• Establish safe work procedures
• Provide new employees and subcontractors with a safety orientation
• Instruct employees about safety 
• Correct unsafe practices and conditions
• Detect troubled employees
• Enforce safety rules
• Inspect work sites for hazards and complete hazard assessments
• Investigate all accidents and incident reports
• Review all reports and ensure the required corrective action is taken
• Ensure proper maintenance of equipment
• Conduct regular tool box and site safety meetings
• Document injuries and report to management
• Monitor, enforce, and comply with health and safety rules and legislation
• Set a good example by conforming to the Health and Safety Program

• Read, understand, and comply with the company safety policy 
• Comply with all health and safety rules and legislation
• Follow safe work practices, procedures, regulations, and rules
• Supply and wear safety equipment and personal protective devices and clothing required by safety legislation
• Immediately report and correct unsafe acts and conditions using the hazard assessment and near miss incident forms
• Immediately report any injury
• Participate in health and safety meetings
• Make safety suggestions
• Handle controlled products in accordance with WHMIS and safety legislation
• Report to work not under the influence of drugs or alcohol
• Set a good example by conforming to the Health and Safety Program

• Proof of registration and current good standing with the WCB
• Participate in pre-contract safety meetings and workplace safety orientation programs for Subcontractors
• Ensure all their employees have WHMIS training and professional certifications (if required)
• Conduct weekly tool box meetings and provide documentation to Wall FX Ltd.
• Provide all required personal protective equipment and safety devices for their employees
• Provide site specific safe work protective equipment and emergency procedures as required
• Provide proper labeling and MSDS for all controlled products that they bring to the workplace and provide copies to the Supervisor/Foreman or safety professional
• Conduct incident investigation for any situation involving their employees and submit a copy of their investigation and recommendations to Wall FX Ltd.
• Notify Wall FX Ltd. of any special hazardous procedures and ensure the work area is conducted off to prevent incidental exposure to those hazards
• Set a good example by conforming to the Health and Safety Program

Subcontractor Failure to Comply
All agreements with subcontractors contain a penalty clause which serves as notice of the actions to be taken in the event that the subcontractor or their employees fail to comply with all company health and safety rules or WCB regulations.

Any costs or penalties associated with noncompliance shall be deducted from scheduled payments and failure to resolve this situation could result in the termination of the contract.

• 1st violation – written notice, 
• 2nd violation (same offence) – written notice and a 3 day suspension without pay, 
• 3rd violation (same offence) – written notice and a 1 week suspension without pay, 
• 4th violation (same offence) – permanent dismissal at the discretion of management

• 1st violation – written notice, 
• 2nd violation (same offence) – written notice and a 3 day suspension, 
• 3rd violation (same offence) – written notice and a 1 week suspension, 
• 4th violation (same offence) – permanent dismissal at the discretion of management

• Dismissal of an employee shall be reviewed with a party of three (i.e. Management, Supervisor, and Safety Personnel).

1. PERSONAL PROTECTIVE EQUIPMENT: Hard Hats and CSA approved safety boots must be worn at all times. Safety glasses must be worn when using tools, performing work, or working in an area where a risk of eye injury is possible. Respirators, dust masks and hearing protection should be used when required.

2. KNOW YOUR WORKSITE MATERIALS AND TOOLS: All employees must be aware of fire extinguisher locations, first aid stations, and first aid personnel at each job site. Emergency phone numbers, MSDS (Material Safety Data Sheets), and WHMIS (Workplace Hazardous Materials Information Sheets) information is available for all employees to review and employees are required to know where to locate them. MSDS cautions for tools are usually located on the tool itself so please review and follow the manufacturer’s instructions.

3. PERSONAL CONDUCT: Consumption of alcohol and use of illegal drugs are strictly prohibited. Anyone found to be under the influence of either will be terminated immediately and no longer be employed by Wall FX Ltd. Use of over the counter prescription drugs must be used with caution, as some may cause drowsiness or dizziness. Please read the labels and follow directions clearly. Please use designated washroom facilities. Using bathtubs, pails, bottles, cups, and boxes will not be tolerated.

4. GUARD RAILS ON SHAFTS AND BALCONIES: Part 9 Section 139 (1) of the Occupational Health and Safety Act states that workers must use fall protection when a worker may fall from 3 metres or more. There are no exceptions to this rule. Guard rails are put in place for a reason and should be replaced if removed. Railings are not meant to support weight and should not be used to stand or lean on.

5. SCAFFOLDING AND SAFETY HARNESSES: If you are working on scaffolding make sure proper guard rails, kick boards, decks, braces, etc. are in place and properly secured. An approved safety harness must be worn if guard rails are not in place or there is a potential fall hazard. Scaffolding must be erected and disassembled by qualified or experienced individuals. Please make sure baker scaffolds are not damaged and are set up properly. They can be extremely dangerous to someone if they come apart or tip over. They are not built to work off the top deck without fall protection or guard rails in place.

6. COMMON SENSE AND HAZARD ASSESSMENTS: Always put safety first, use your head at all times. Potential risks on any project are not to be ignored regardless of what person or sub-trade is at fault. If you observe a possible risk or injury please fill out a hazard assessment form provided by Wall FX Ltd. and submit it to your manager or supervisor immediately. Double check to make sure corrective action has been taken. Hazard assessment forms will be available to you through your manager, supervisor, or on site safety manual. Your co-operation may save some one from serious injury or death.

7. SITE CLEAN UP: Sub-trades are responsible to clean up after themselves. This is not an option. A clean jobsite helps make a safe jobsite. If you do not clean up after yourself we will hire someone else to do the job for you and you will be charged accordingly.

8. INJURIES: All injuries, regardless of severity, must be reported to onsite safety personnel immediately and dealt with accordingly. A hazard assessment and an accident investigation report must then be completed.

In the event of an injury, illness, or emergency where assistance would not be available Wall FX Ltd. requires all its employees to have another form of communication such as a two-way radio or a cellular phone readily available to them.

When an employee is required to work alone, the employer shall establish a schedule where the employee must radio or telephone into the main office at set intervals.

Prior to commencing work all employees are required to perform a hazard assessment to identify any potential hazards that may hinder their safety. If the area is unsafe notify your manager immediately.

The Occupational Health and Safety Act and Regulations shall form a minimum standard.

For ease of information, the following summary is provided for items specific to Wall FX Ltd.

Head Protection
Workers must obtain and wear a CSA certified safety hat on the job site at all times.

Foot Protection
Workers must wear CSA certified footwear with heavy duty toe and sole protection. Such boots bear a green triangular patch stamped with the registered trademark of the CSA. Workers will ensure that boots are fully laced and tied. Workers working with concrete or chemicals shall wear CSA certified rubber boots to prevent injury.

Eye Protection
Where a worker is exposed to the hazard of eye injury, he will wear appropriate eye protection (i.e. drilling overhead or into concrete, masonry, and drywall, when using power actuated tools, demolition, and when chipping, grading or cutting).

Ear Protection
Where a worker is exposed to ear injury, he will wear appropriate ear protection (i.e. jack hammering, power actuated tools, working with machinery in confined spaces).

Gloves
Workers will supply their own gloves unless hazardous materials are being used, in which case, proper gloves will be provided.

Dust Masks
Dust masks will be available for use on the job site and be appropriate to the level of hazard.

Protective Clothing
Shirts and full length pants are required at all times.

Fall Protection – Safety Belts, Safety Harnesses, and Lanyards
Full body safety harnesses shall be the sole acceptable means of fall restraint. Safety belts will only be permitted for travel restraint. All safety harnesses, belts, and lanyards must be CSA certified and carry a CSA label. Safety harnesses must be snug fitting and worn with all hardware and straps intact and properly fastened. The D-ring of the safety belt of harness should be in the center of the back. The lanyard should be secured to a rigid support of lifeline, preferably higher than waist level, and be kept as short as possible, no more than 5 feet to reduce fall distance. When the lanyard is wire rope or nylon webbing, a shock absorber must be used.

• Of size and material specified
• Used by only one worker at a time
• Free from any danger of chafing
• Free from cuts, abrasions, and other defects
• Long enough to reach the ground and knotted at the end to prevent lanyard from running off the lifeline

• Falls – maintain guardrails and/or use safety belts
• Cave-ins – do not enter until properly shored or sloped
• Electrocution – be aware of electrical hazards 
• Back injuries – know your limits
• Eye injuries – use safety glasses
• Cuts – nails (be aware)
• Tripping or slipping – remove the hazard
• Fires – ensure you know the location of fire extinguisher
• Moving machinery – trucks, cranes, heavy equipment
• Ladders & Scaffolding – proper use and erection
• Noise – use hearing protection when necessary
• Chemicals – WHMIS training
• Falling objects – toe boards, warning signs

• Where is the first aid kit located?
• Where is the eye wash station located?
• Where are the fire extinguishers located?
• Who is your safety representative?
• What is the procedure to follow in case of injury or accident?
• Watch for and adhere to all signs and posters concerned with hazards and safety.
• Report any and all hazards and safety concerns to your safety representative or supervisor.
• Report any use of the fire extinguisher, first aid kit, eye wash station to your safety representative or supervisor.
• Be sure you are fully knowledgeable in the use of the power tools, explosive actuated tools, and equipment prior to use.
• If in doubt about anything; ask before proceeding.

Ladders
Should always be set on a firm level surface
Are to be tied off before use
Are to extend 3 feet above working surface
Be sure any ladder being used is in proper mechanical working condition
Always maintain three points of contact when climbing up or down any ladder
Workers must wear a safety harness tied off to a fixed support when the work is: 10 feet or more above the floor, above operating machinery, or above hazardous substances or objects
Any defective ladders should be removed from the work site immediately and reported to the supervisor
Ladders shall not be used for any other purpose than those for which they are designed
Ladders will be in accordance with the Occupational Health and Safety Act and Regulations

Scaffolds
Scaffolds are to be erected on a firm level surface
Be sure that all baseplates, braces, pins, screwjacks, and other devices needed are used when erecting scaffolding
Scaffolding planks are to be a true 2 inches by 10 inches in cross section, free from loose knots and rot and should extend 6 inches but not more than 1 foot beyond the scaffold frame, complete with cleats
Working platforms on a scaffold shall be equipped with guardrails consisting of a toprail, midrail, and toeboard, and planked across its full width if over 8 feet high
Scaffolds must be tied to the building at vertical intervals not exceeding 15 feet
A ladder must be used for access on scaffolds exceeding 10 feet in height
Rolling scaffolds must be equipped with brakes
Remove any slippery substances or hazards prior to use
Scaffolds will be in accordance with the Occupational Health and Safety Act and Regulations

Openings and Edges
Guardrails consisting of a top, middle, and toeboard shall be erected around all floor openings, edges of floors, ramps or any other area where a worker is in danger of falling from one level to another (where no guardrails exist, a safety belt or harness tied off to a fixed support must be used)
Openings and edges will be protected in accordance with the Occupational Health and Safety Act and Regulations

All accidents and incidents, no matter how small whether there is an injury or not, shall be reported and investigated in accordance with WCB regulations. Reporting shall be as set out in Employee Responsibilities and Supervisor Responsibilities.

The Supervisor shall, in every case, complete the appropriate sections of the Accident Investigation Report: in duplicate, retaining a copy for his own use and forwarding a copy to the Operations Manager. The Supervisor shall also ensure that, when required, the WCB Accident Report (form 7) is filled out.

The Project Manager shall ensure that, when required, notification is given to the Ministry of Labour, and that the necessary WCB reports are filed.

Each occurrence requiring first aid shall be recorded on the First Aid Log. This record shall be kept as part of the first aid kit. A Workers Compensation Accident Report should also be filled out even if there is no lost time.

Follow up by management and supervision on the rehabilitation of an injured worker and/or correction of an unsafe condition is an important part of our program.

• Make sure that first aid is given immediately, in accordance with the regulations.
• Record the first aid treatment or advice given to the worker.
• Complete and give to the worker a treatment memorandum is health care is needed.
• Provide immediate transportation to a hospital, a doctor’s office, or the worker’s home if necessary.
• Submit to the WCB, within 3 days of learning of an accident, an Employer’s Report of Accidental Injury/Industrial Disease (form 7) and any other information that may be requested.

• Promptly obtain first aid.
• Notify the employer immediately of any injury requiring health care* and obtain from the employer a completed Treatment Memorandum to take to the doctor of the hospital.
• Choose a doctor or other qualified practitioner, with the understanding that a change of doctor cannot be made without permission of the WCB.
• Complete and promptly return all report forms received from the WCB.

The following items were copied from the most current version of the Occupational Health and Safety legislation. Please read and understand these codes before working for Wall FX Ltd.

Existence of Imminent Danger
35
(1) No worker shall:
a) carry out any work if, on reasonable and probable grounds, the worker believes that there exists an imminent danger to the health and safety of that worker,
b) carry out any work if, on reasonable and probable grounds, the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site, or
c) operate any tool, appliance or equipment if, on reasonable and probable grounds, the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site.


(2) In this section, “imminent danger” means in relation to any occupation
a) a danger that is not normal for that occupation, or
b) a danger under which a person engaged in that occupation would not normally carry out the person’s work.

(3) A worker who
a) refuses to carry out work, or
b) refuses to operate a tool, appliance or equipment pursuant to subsection (1) shall, as soon as practicable, notify the worker’s employer at the work site of the worker’s refusal and the reason for the worker’s refusal.


(4) On being notified under subsection (3), the employer shall
a) investigate and take action to eliminate the imminent danger,
b) ensure that no worker is assigned to use or operate the tool, appliance or equipment or to perform the work for which a worker has made a notification under subsection (3) unless
i. the worker to be so assigned is not exposed to imminent danger, or
ii. the imminent danger has been eliminated,
c) prepare a written record of the worker’s notification, the investigation and action
taken, and
d) give the worker who gave the notification a copy of the record described in
clause (c).

(5) The employer may require a worker who has given notification under subsection (3) to remain at the work site and may assign the worker temporarily to other work assignments that the worker is reasonably capable of performing.

Where Disciplinary Action is Prohibited
36
No person shall dismiss or take any other disciplinary action against a worker by reason of that worker acting in compliance with this Act, the regulations, the adopted code or an order given under this Act or the regulations.

Part 9 Fall Protection
Rescue Personnel Exemption
138 Rescue personnel involved in training or in providing emergency rescue services may use equipment and practices other than those specified in this Part.

General Protection
139
(1) An employer must ensure that workers use a fall protection system at a temporary or permanent work area if
a) a worker may fall 3 metres of more, or
b) there is an unusual possibility of injury if a worker falls less than 3 metres.

(2) For the purposes of this section, there is an unusual possibility of injury if the injury may be worse than an injury from landing on solid, flat surface.

(3) An employer must ensure that a worker at a permanent work area is protected from falling by a guardrail if the worker may fall a vertical distance of more than 1.2 metres and less than 3 metres.

(4) Despite subsection (3), if the use of a guardrail is not reasonably practicable, an employer must ensure that a worker uses a travel restraint system.

(5) Despite subsection (4), if the use of a travel restraint system is not reasonably practicable, an employer must ensure that a worker uses an equally effective means that protects the worker from falling.

(6) A worker must use or wear the fall protection system the employer requires the worker to use or wear in compliance with this Code.

Anchor Points
140
If a worker uses a personal fall arrest system or a travel restraint system, the worker must ensure that it is safely secured to an anchor point of plate that meets the requirements of this Part.

Special Protection
141
(1) An employer must ensure that a worker on an elevating work platform or aerial device uses a travel restraint system.

(2) Subsection (1) does not apply to a worker on a scissor lift, or an elevating work platform with similar characteristics, that is operating on a firm, substantially level surface with all the manufacturer’s guardrails and chains in place.

(3) If a fork-mounted work platform is elevated to a height of 3 metres or more above the ground and any portion of the guardrail system has been removed, an employer must ensure that a worker on the platform uses a travel restraint system.

(4) Despite subsections (1) and (3), if a worker’s movement cannot be adequately restricted in all directions, the employer must ensure that the worker uses a personal fall arrest system.

(5) An employer must ensure that a worker who is being raised or lowered in a man basket uses a personal fall arrest system.

(6) An employer must ensure that a worker who is working from a portable ladder referred to in section 137 uses a personal fall arrest system.