An experienced truck driver was injured after raising his truck box into overhead power lines. He received a dislocated shoulder and minor burns. The company had implemented an occupational health and safety program that included job hazard analyses, training, policies and procedures, documentation of training, and enforcement. They appeared to demonstrate due diligence on health and safety requirements based on eight key court measures, and no charges were laid against the company after the incident.

1. Presented by Chevreau Consulting Limited (CCL) Graham Chevreau, CRSP, C. Chem W ww.chevreau.ca [email_address] 519-635-0574

2. There’s been an accident!

5. Orders will usually be issued the same day as the MOL investigates

7. OHSA Section 69 - Limit on Prosecutions MOL has one year after the date of the incident to initiate legal action. Typically it will be very close to 12 months after an accident that MOL delivers notice of legal action .

8. Part IX (Offences and Penalties) Section 66 (Penalties) 66 (1) Penalties – Every person who contravenes or fails to comply with, A provision of this act or the regulations; An order or requirement of an inspector or a Director; or an order of the minister. Is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than twelve months, or to both” Penalties Arising from Charges

9. CRITICAL INJURY – Penalties 66 (2) If a corporation is convicted of an offence under subsection (1) the maximum fine that may be imposed upon the corporation is $500,000 and not as provided therein. 66(3) Defence – On a prosecution for a failure to comply with, (a) subsection 23(1); (b) clause 25(1)(b), (c) or (d), or (c) subsection 27(1), It shall be a defence for the accused to prove that every precaution reasonable in the circumstances was taken.

12. OHSA Section 25,2(j) requires that each employer who has more than 5 employees…..” prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy ”

14. Key Court Measures for Due Diligence: 1.0 A good working Knowledge of OHSA and applicable Regulations ; 2.0 Knowledge of workplace hazards; 3.0 Ongoing Action to Correct Hazards; 4.0 Written Health and Safety Policies and Procedures; 5.0 Orientation and Training; 6.0 Supervisory Coordination, monitoring and communication; 7.0 Enforcement with Discipline; 8.0 Documentation

23. Key Court Measures for Due Diligence: 1.0 A good working Knowledge of OHSA and applicable Regulations ; 2.0 Knowledge of workplace hazards; 3.0 Ongoing Action to Correct Hazards; 4.0 Written Health and Safety Policies and Procedures; 5.0 Orientation and Training; 6.0 Supervisory Coordination, monitoring and communication; 7.0 Enforcement with Discipline; 8.0 Documentation

28. Tires Burned Holes in the Ice

29. 1.0 A good working Knowledge of OHSA and applicable Regulations  - Reg. 851 OH clearance 2.0 Knowledge of workplace hazards  - JHAs & THAs ; 3.0 Ongoing Action to Correct Hazards  - Workplace Inspections and monitoring by supervisors ; 4.0 Written Health and Safety Policies and Procedures  - H&S Manual with procedures ; 5.0 Orientation and Training  - Initial and on-going training relevant to jobs ; 6.0 Supervisory Coordination, monitoring and communication  - regular H&S talks and meetings ; 7.0 Enforcement with Discipline  - documented cases of safety discipline ; 8.0 Documentation  - training certificates, training material, attendance sheets, test results.

31. Have a nice day!