protecting vulnerable workers in your workplace - OHS Insider

4 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEHow 'Newness' Impacts Workplace Safety, Cont'dIn addition, because recent immigrants are often underemployedin terms of hours worked, they may be willing to takeon more dangerous tasks at work. As a result of all of thesefactors, recent immigrant workers have a higher risk of injurythan non-immigrant workers. For example, one study foundthat male immigrants in their first five years in Canada reportedtwice the rate of work-related injuries requiring medicalattention than Canadian-born male workers.ConclusionThe IWH briefing demonstrates the importance of safetytraining for young workers and new workers of all ages. Inaddition, the briefing supports the need to take measures toaddress language barriers in the workplace, especially if youhave a large number of workers who are recent immigrantsand don’t speak English or French as their native tongue.INSIDER SOURCE“‘Newness’ and the risk of occupational injury,” The Institutefor Work & Health, May 20092011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE5One kind of worker who requires special protection is theyoung worker. Why? Young workers aren’t used to theworkplace and its safety rules. They’re also likely to be performingtasks, using tools and operating equipment withwhich they’re unfamiliar. And they may be reluctant to askquestions.Here’s a look at the special safety protections the law givesto young workers and how to comply with those requirements.There’s also a chart on page 8 outlining the protectionsfor young workers in each jurisdiction.YOUNG WORKER ORIENTATION: There’s a Young WorkerSafety Orientation Checklist on page 9. Go to the Insider’sonline partner site, www.OHSInsider.com, to download thisChecklist and adapt it for use in your workplace.Defining Our TermsWho’s a “young worker”? Statistically, workers under the ageof 25 are most at risk—they’re 33% more likely to suffer a jobrelatedinjury or illness than an older worker. But special legalprotections are generally provided only for workers ages12 to 17. (Exceptions: BC has special protections for workersunder 25, Québec has protections for workers under 20 andthe Yukon has protections for workers under 19.) When werefer to “young” workers, we’re talking about minors—that is,workers under age 18.WHAT THE LAW SAYSProtections for young workers come from two sets of laws:the employment standards laws and the OHS laws. Let’s lookat the protections in each.The Employment Standards LawsThe primary source of protection for young workers is the employmentstandards laws (sometimes called labour standardslaws). Employment standards laws deal with the terms of employment,such as wages and hours, and don’t address specifickinds of workplace hazards the way OHS laws do. Still, therestrictions in employment standards laws protect the safetyof young workers by limiting the kinds of jobs you can assignthem to do—or even whether you can hire them at all.Every jurisdiction restricts the employment of workersunder 18. These restrictions are generally tiered by age. Forexample, hiring a person under 14 for any job is often completelybarred. Strict limits are set for individuals 14-16, whilethe limits for those 17 and older are less rigid.Protecting Young WorkersFor each age group, there are generally two kinds of limits.Industry and work limits. Most employment standardslaws limit the industries in which young workers may be employedand the types of work they can do. The chief reason forthese limits is safety. The industries from which young workersare typically barred are some of the most dangerous, suchas construction and mining. The same is true for the kindsof jobs young workers are barred from doing. For example,Manitoba’s Employment Standards Regs. bar young workersfrom doing work involving the abatement or removal of asbestosand from working in confined spaces.In addition, many jurisdictions’ laws include general catchalllanguage barring employers from hiring young workersfor work that’s dangerous. For example, the federal CanadaLabour Standards Regs. bar employers from hiring a workerunder 17 if the work he’s hired to do is “likely to be injurious tohis health or to endanger his safety.” And PEI’s Youth EmploymentAct bars employment of workers under 16 for work that“is or is likely to be harmful to the health or safety, or moral orphysical development of the young person.”Hour limits. The employment standards laws also limit thehours young workers may work. These limits apply to boththe total number of hours they may work as well as the hoursof the day they’re allowed to work. For example, Alberta’sEmployment Standards Regs. bar employers from working an“adolescent”—that is, a person at least 12 but under 15—forlonger than two hours on a school day and eight hours on anon-school day. It also bars adolescents from working duringnormal school hours and from 9:00 pm to 6:00 am.2011 © Bongarde • www.OHSInsider.com

6 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEProtecting Young Workers, Cont'dThe OHS LawsThe OHS laws require employers to take reasonable stepsto ensure the safety of all workers, regardless of age. Thus,young workers are entitled to the same protections and havethe same rights as older workers, such as the right to receivetraining and refuse dangerous work. However, five jurisdictions—BC,ON, QC, SK and YT—provide additional protectionsfor young workers in their OHS laws:hhhhhhhhhhIn BC, the OHS Regs. require employers to provide safetyorientations to “young workers”—that is, any workerunder age 25;In ON, the OHS Act requires employers to hire only workersover designated ages and OHS regulations restrictworkers under certain ages from doing certain kinds ofwork. For example, the OHS Construction Projects Regs.bar anyone under 16 from working at a constructionproject;In QC, the Act respecting Occupational Health and Safetybars employers from hiring workers who haven’treached the age designated by the regulation to performsuch work and various OHS regulations restrictworkers under designated ages from certain kinds ofwork. For example, the OHS in Mines Regs. bar workersunder 16, 18 and 20 from doing specific kinds of work;In SK, the OHS Regs. bar workers under 16 from workingin certain workplaces and performing certain jobs, andset separate restrictions for workers under 18; andIn YT, the Code of Practice for New and Young Workersspells out the minimum orientation, training and supervisoryrequirements for workers under age 19.HOW TO COMPLYTo comply with the special protections for young workerscontained in both the OHS and employment standards laws,take the following four steps:Step #1: Ensure Company Can Legally Employ Young WorkersMake sure that the company is legally allowed to hire youngworkers to do a job before you hire them. There are three factorsyou must consider:h hh hh hWorker’s age—make sure the worker isn’t too young to beemployed at all or too young for your industry or the workfor which you’re considering the worker;Industry—some industries, such as construction, are barredfrom hiring anyone under 18; andWork—even if a young person is allowed to work in yourindustry, make sure he’s old enough to do the job or performthe operation for which you hire him. For example, ifyour company repairs cars, you may be able to hire a 15-year-old to answer the phones and do office work but notto actually work on cars.Step #2: Get Permit, Consent if NeededIf you’ve determined that it’s legal for your company to hirea young worker for the position, find out whether you needto get a permit for that worker or the consent of the worker’sparents. In some cases, the worker must get the permit; inothers, it’s the employer’s responsibility. The failure to get therequired permits or parental consent can be costly.Example: An Alberta museum hired a 14-year-old boy andassigned him the job of sandblasting a truck box. While doingthe work, the box fell on him, crushing him to death. Themuseum and its director were charged under the Alberta EmploymentStandards Code with hiring a worker under 15-yearsoldwithout his parents’ consent and with having that workerwork in an environment that could be dangerous to his life,health, education or welfare. The museum was also chargedwith 10 violations of the OHS Act. The museum and directorwere convicted. The court imposed the maximum penalty—$500,000 [R. v. Reynolds Museum Ltd., AB Govt. News Release,July 13, 2006].2011 © Bongarde • www.OHSInsider.com

8 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEKNOW THE LAWS OF YOUR PROVINCE: YOUNG WORKER PROTECTIONSHere’s what the laws in your province or territory say aboutyoung workers:FEDERAL: Canada Labour Standards Regs.. restricts workers under17 from working during school hours and under certain conditions,such as in an underground mine or as a nuclear energyworker [Sec. 10].ALBERTA: OHS Law: Doesn’t contain any specific protections foryoung workers. Employment Standards Law: a. Bars children under12 from working; b. requires an “adolescent” (age 12-14) tohave parental consent to work and imposes other restrictions;and c. allows a “young person” (age 15-17) to work in generalwithout parental consent but subject to other limits [EmploymentStandards Reg., Part 5].BRITISH COLUMBIA: OHS Law: OHS Regs. require employers toensure that workers under 25 get an OHS orientation and trainingbefore beginning work [Secs. 3.22-3.25]. Employment StandardsLaw: Bars employment of child under 12 without Director’spermission and employment of child under 15 without parents’consent [Employment Standards Act, Sec. 9]. Limits working hoursof children age 12-15, requires adult supervision and sets additionalrestrictions on employment of children in the entertainmentindustry [Employment Standards Reg., Part 7.1].MANITOBA: OHS Law: Doesn’t contain any specific protectionsfor young workers. Employment Standards Law: a. Bars childrenunder 16 from working without a permit and limits their workhours; and b. bars children under 18 from working alone late atnight and from working in prescribed jobs or industries [EmploymentStandards Code, Div. 14]. Lists prescribed jobs and industriesin which workers of certain ages can’t work and requirespermits for children under 16 [Employment Standards Reg., Secs.25 and 26].NEW BRUNSWICK: OHS Law: Doesn’t contain any specific protectionsfor young workers. Employment Standards Law: a. Barschildren under 14 from working in certain industries; and b. restrictsemployment of children under 16 [Employment StandardsAct, Secs. 39-41].NEWFOUNDLAND/LABRADOR: OHS Law: Doesn’t contain anyspecific protections for young workers. Employment StandardsLaw: a. Bars employment of children under 14 unless work is prescribedwork within prescribed undertakings; b. bars employmentof a “child” (under 16) for work that is or is unlikely to beunwholesome or harmful to the child’s health or normal development;c. limits types of work a child may do and hours childrenmay work; and d. requires parental consent for child to do suchwork [Labour Standards Act, Secs. 45-48].NORTHWEST TERRITORIES: OHS Law: Doesn’t contain anyspecific protections for young workers. Employment StandardsLaw: Restricts employment of “youths” (workers 16 and under)in certain jobs and during certain hours [Employment StandardsAct, Part 5].NOVA SCOTIA: OHS Law: Doesn’t contain any specific protectionsfor young workers. Employment Standards Law: Restrictsemployment of children under 16 and sets additional restrictionsfor employment of children under 14 [Labour StandardsCode, Secs. 68-70].NUNAVUT: OHS Law: Doesn’t contain any specific protectionsfor young workers. Employment Standards Law: Employment ofYoung Persons Regs. govern employment of “young persons”(workers under 17).ONTARIO: OHS Law: OHS Act requires employers to only employpersons over such age as may be prescribed [Sec. 25(2)(f)]. ConstructionProjects Regs. bar anyone under 16 from working at aconstruction project [Sec. 16]. Industrial Establishments Regs. seta minimum age of 16 for logging operations, 15 for factories otherthan logging operations and 14 for a workplace other than afactory [Sec. 4(1)]. Mines & Mining Plants Regs. set a minimum ageof 16 for mining plants or surface mines and 18 for undergroundmines and the working faces of surface mines [Sec. 8(1)]. EmploymentStandards Law: Doesn’t contain any specific protections foryoung workers.PRINCE EDWARD ISLAND: OHS Law: Doesn’t contain any specificprotections for young workers. Employment Standards Law: YouthEmployment Act governs the employment of children under 16.QUÉBEC: OHS Law: An Act respecting Occupational Health andSafety bars employers from employing workers who haven’treached the age determined by regulation to perform such work[Sec. 53(1)]. OHS Regs. bar workers under 16 from operating aforklift truck and under 18 from performing blasting work orwork with explosives. OHS in Mines Regs. bar certain work frombeing done by workers under 16, 18 and 20. Safety Code for theConstruction Industry bars workers under 18 from performingcertain jobs. Employment Standards Law: Bars employment of achild under 14 without parental consent and sets additional restrictionsfor work performed by “a child” [Labour Standards Act,Div. VI.2]. Restricts night-time work by children [Reg. respectingLabour Standards, Div. VI.1].SASKATCHEWAN: OHS Law: OHS Regs. bar workers under 16from working in certain workplaces and performing certain jobs.Sets separate restrictions for workers under 18 [Sec. 14]. EmploymentStandards Law: a. Bars employment of anyone under14; b. restricts employment of “youths” (at least 14 but not 16);c. requires parental consent; d. requires youths to complete awork readiness program; and e. permits exemptions for a “youngperson” (under 16) under certain circumstances [Minimum WageReg., Sec. 9.1-9.5].YUKON: OHS Law: The Code of Practice for New and Young Workersspells out the minimum orientation, training and supervisoryrequirements for workers under age 19. Employment StandardsLaw: Bars employment of worker under 17 in any occupationsor contrary to any conditions prescribed by the regulations [EmploymentStandards Act, Sec. 18(6)].2011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE9YOUNG WORKER SAFETY ORIENTATION CHECKLISTThis checklist is a guideline for conducting a safety orientationfor young workers. Once completed and signedby both the supervisor and the worker, it serves as documentationthat a proper orientation has taken place.Worker’s Name:Supervisor’s Name:Date Worker Started:Date of Orientation:Name of Person Giving the Orientation:Place a check in each box to indicate that the topic hasbeen covered.Explanation of the company safety program, including:FF OrientationFF On-the-job trainingFF Safety meetingsFF Incident investigation and reportingFF Function of the safety committee (if there is one)Personal Protective EquipmentFF Hard hatsFF Safety glassesFF High visibility vestsFF Rubber glovesFF Respiratory protective equipmentFF Other protective equipment specific to jobLines of Communication and Responsibility for ReportingIncidents:FF When to report an injuryFF How to report an injuryFF To whom an injury should be reportedFF Filing an incident report formFF Reporting “near misses”First Aid Supplies, Equipment and TrainingFF Obtaining first aid treatmentFF Location of first aid stationsFF Location and names of staff with first aid trainingReview Hazards Specific to Job DutiesFF Physical hazards (ladders, electricity, repetitive work, hotoil, etc.)FF Chemical hazards (cleaning chemicals, toxic substances,dust, paint, asbestos, etc.)FF Biological hazards (bacteria, viruses, fungi, mold, insects, etc.)FF Ergonomic hazards (work station design, lifting, repetitivemovements, etc.Emergency PlanFF Exit locations and evacuation routesFF Use of firefighting equipment (extinguisher, hose)FF Specific procedures (medical, chemical, fire, etc.)Vehicle Safety Check ProcedureFF Safety and speed regulationsFF Operating license appropriate for vehiclePersonal Work HabitsFF Consequences of horseplay and not following the safety rulesFF InattentionFF Smoking policyFF Good housekeeping practicesFF Proper lifting techniquesOther Health and Safety ItemsAdd any other health and safety items the worker needs toknow about your workplace, such as security procedures forworking alone. You may need to provide education and trainingfor these at another time.FFFFFFThe signatures below are evidence that the topics containedin this checklist have been discussed to the satisfaction of theworker and supervisor. Signing indicates that both parties acceptresponsibility for maintaining a safe and healthy workplace.Supervisor’s Signature:Worker’s Signature:Date:2011 © Bongarde • www.OHSInsider.com

10 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEProtecting New Workershh Workers with less than 6 months’ experience are threetimes more likely to be injured than workers with a yearor more of experience.hh 40% of all recordable injuries are sustained by workerson the job less than a year.hh During their first four weeks on a new job, workers arefive to seven times more likely to sustain an injury.These statistics provide evidence of something that makeslogical sense: Workers are at their most vulnerable whenthey’re new. After all, new workers aren’t used to the workplaceand its safety rules. And like young workers, they alsomay be performing tasks, using tools and operating equipmentwith which they’re unfamiliar.The implication: Making sure that each of your new workersreceives a thorough safety orientation can go a long way towardspreventing injuries. And providing a safety orientationfor new workers isn’t just a sound injury prevention strategy;it may also be a legal requirement.Here’s a look at what the OHS laws say about safety orientationsand how to ensure that your safety orientation complieswith these requirements.NEW WORKER SAFETY ORIENTATION FORM: On page 14,there’s a New Worker Safety Orientation Form, which is basedon one used by the BC Forest Service. Go to the Insider’s onlinepartner site, www.OHSInsider.com, to download this formand adapt it for use in your workplace.WHAT THE LAW SAYSAll Canadian OHS laws require employers to train their workersso that they can work safely. But they don’t always specifywhat, if any, special safety orientation workers should receivewhen they’re first hired. There are two basic approaches tosafety orientations:The 5 Specific Duty JurisdictionsFive jurisdictions—BC, MB, NL, SK and YT—specifically requireemployers to provide safety training to workers beforethey start work:hh In MB, every employer must provide safety information, in-struction and training to a worker before the worker startswork, starts a new position in the workplace or is moved to anotherpart of the workplace that has different facilities, proceduresor hazards [Workplace Safety and Health Act, Sec. 4(4)];hh In NL, if an employer is required to have an OHS pro-gram, that program must include “a plan for orientingand training workers and supervisors in workplace andjob-specific safe work practices, plans, policies and procedures,including emergency response, that are necessaryto eliminate, reduce or control hazards” [OHS Regs.2009, Sec. 12(1)(2)];hh In SK, employers must ensure that a worker gets safetytraining when he starts work or is moved from one job orpart of the workplace to another that has different hazards,facilities or procedures [OHS Regs., Sec. 19(1)]. TheSK regulations also spell out what topics that safety orientationmust cover [Sec. 19(2)]; andhh In YT, an employer must ensure that before a new workerbegins work, he’s given a health and safety orientationand training specific to that worker’s workplace and jobtasks [Code of Practice for New and Young Workers, Sec. 6].BC’s safety orientation requirements may go the furthest.Under Secs. 3.23 through 3.25 of the OHS Reg., employers inBC must provide safety orientations to not only new workersbut also workers under age 25. A “new worker” is defined asany worker who’s:hh New to the workplace;hh Returning to the workplace where the hazards havechanged during the worker’s absence;hh Affected by a change in the workplace’s hazards; orhh Relocated to a new workplace if the hazards in that work-place are different from the hazards in the worker’s previousworkplace.The BC regulations require employers to:hh Provide a health and safety orientation and trainingthat’s specific to the workplace before the young or newworker starts work;hh Provide additional orientation and training if warranted,say, because a new worker can’t perform his job safely orrequests additional help; andhh Document the orientation and training provided.The 9 Implied Duty JurisdictionsThe remaining nine jurisdictions—Fed, AB, NB, NS, NT, NU,ON, PEI and QC—don’t specifically require employers to providea safety orientation to workers before they start work.What all of these jurisdictions do say is that employers must2011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE11Protecting New Workers, Cont'densure that their workers get adequate training to ensuretheir health and safety at work. The obligation to provide asafety orientation for new workers is an implied part of thisrequirement.How do we know this requirement is implied? Some jurisdictionshave specifically said as much. For example, the OntarioMinistry of Labour has issued a fact sheet for employersthat recommends an orientation for new workers that coversemergency procedures, workplace safety rules, generalrequirements for PPE, first aid provisions, information aboutwhere the OHS Act is posted and all other essential health andsafety facts. In addition, one of the Dean Panel’s key recommendationsis that health and safety awareness training begiven to all “entry-level” workers before they’re exposed toworkplace hazards.Employers in these jurisdictions also have a clear duty toprovide workers with training and information about hazardsbefore they’re exposed to those hazards. And the best way tosatisfy that obligation is by giving a safety orientation whena worker starts work.HOW TO COMPLYIf your company is in BC, MB, NL, SK or YT, your legal obligationis to do whatever the OHS laws tell you to do withregard to safety orientations. But only BC, SK and YT providedetailed safety orientation requirements; the MB andNL laws simply say that you must provide safety trainingbefore new workers start work without specifying how. Andif your company is in one of the nine indirect duty jurisdictionswhere there are no regulations on the subject, it’s evenless clear what measures you must take to provide a propersafety orientation to new workers.So how do you know what to do to satisfy your legal obligationsif you’re not from BC, SK or YT? The best way to answerthat question is by referring to the regulations of thosejurisdictions. Unless and until your jurisdiction establishesstandards of its own, the BC, SK and YT requirements representthe clearest indication of what the regulatory communityconsiders acceptable in terms of providing safety orientationsto new workers and so could be considered by courts tobe “best practices” for companies outside those jurisdictions.Thus, you should treat these rules as a minimum standard fornew worker safety orientation.The Elements of a Safety OrientationThe BC, SK and YT requirements touch on some of the issuesyou need to consider when deciding how to provide a safetyorientation for new workers, including:Who should provide the training. Any competent person,such as the safety coordinator, HR director, a JHSCmember, a supervisor, a union representative or an outsidesafety trainer, can give a general safety orientation. After all,a general safety orientation simply involves providing basicinformation about safety issues common to all workers, suchas fundamental safety rules, the location of first aid kits andemergency procedures. New workers should also get an orientationon the specific hazards of the jobs they’ll be doing.The job-specific elements of the orientation should be givenby a competent person who’s familiar with those hazards andthe related safety rules, such as a supervisor or lead hand.Who should attend the orientation. All new workersshould be required to attend the safety orientation—eventhose who are very experienced. A new worker who’s highlyqualified to do the job he was hired for is still likely to be unfamiliarwith your workplace, its hazards and its safety rules.Assuming that a new worker doesn’t need a safety orientationbecause of his prior experience with another employercan be a costly mistake.Example: A subcontractor for a Nova Scotia developer hireda worker who said that he had four years of carpentry experience.So the subcontractor assumed the worker knew how todo the job safely and didn’t provide him with a safety orientation.But the carpenter had lied. Instead of four years, he hadonly two months’ experience. Sure enough, while carryingfloor joists to another carpenter, the worker slipped and felloff the joist on which he was standing, breaking his neck intwo places.The developer and subcontractor were convicted of severalOHS violations. The court noted that workers were givenno formal safety training; instead, the subcontractor relied on“the experience of the workforce” as “its greatest safeguard.”And there was no evidence that this worker was qualified todo the work he was assigned safely [R v. Barrington Lane DevelopmentsLtd., [1994] N.S. J. No. 667, March 1, 1994].Companies in BC, MB, SK and YT must also give a safety orientationto any current worker who may be exposed to newhazards because of a change in work circumstances, such asreassignment to a new position involving different hazards.2011 © Bongarde • www.OHSInsider.com

12 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEProtecting New Workers, Cont'dAll companies, regardless of location, should give safety orientationsto any worker who:hh Is returning to the workplace after a lengthy absence,such as a maternity or long-term disability leave; orhh Has been reassigned to a new job or area of the work-place if the hazards associated with the job or in that areaare different from the hazards in the worker’s previousjob or area.PRACTICAL POINTER: Give all visitors and contractorssome sort of safety orientation when they come to the workplace.The extent of the orientation that these people needwill depend on the nature of their visit, what areas of theworkplace they’ll have access to, the hazard level in those areasand the length of their visit.When to give the orientation. New workers should getat least an overview of key safety issues and information ontheir first day and a general safety orientation within their firstday or two on the job. And as workers are trained on how toperform their new jobs, they should get safety training whenthey first encounter each new hazard.What to cover in the orientation. The BC, SK and YT requirementsspell out the topics that a company must includein workers’ orientation and training. Here’s a list of topics theorientation should cover based on these requirements andbest practices:hh The company’s OHS program and policy and the conse-quences for violating that policy;hh Workers’ rights and responsibilities under the law, suchas the right to refuse unsafe work and the duty to complywith the safety rules;hh Employer’s rights and responsibilities under the law, suchas the duty to provide a safe workplace;hh Workplace health and safety rules;hh Communication of safety information, such as the loca-tion of safety bulletin boards and MSDSs;hh Procedures for reporting safety incidents, injuries and ill-nesses;hh Hazards specific to the workplace, such as confined spacehazards and the dangers of working alone;hh General hazards, including workplace violence;hh Use and maintenance of PPE;hh Location of prohibited or restricted areas;hh Location of first aid facilities and how to summon first aidand report injuries and illnesses;hh Emergency procedures;hh Instruction and demonstration of workers’ specific tasksor processes;hh WHMIS information requirements;hh Supervisor’s name and contact information; andhh The JHSC (or health and safety representative), includingwho the members are and how to contact them.NEW WORKER SAFETY ORIENTATION FORM: On page 14,there’s a New Worker Safety Orientation Form, which is basedon one used by the BC Forest Service. Go to the Insider’s onlinepartner site, www.OHSInsider.com, to download this formand adapt it for use in your workplace.How to conduct the orientation. If several new workersstart at the same time, it’s appropriate to give a general safetyorientation to those workers as a group. Then the workers canget individual orientations on their specific jobs.Certain safety information should be put in writing and distributedto new workers, such as the company’s OHS policyand safety rules. But don’t just hand out some written materials,tell new workers to read them and that's it. You must alsogo over the safety information with them and ensure thatthey understand it. If you don’t, your company may be liablefor not properly training the workers.Example: Two workers were off-loading natural gas condensateinto a free-standing storage tank at a well in Alberta.Their truck was parked too close to the tank and its runningengine sucked in condensate vapours, causing an explosion.Both workers were badly burned. The oilfield company wasconvicted of failing to properly train its workers. During thetrial, the injured workers testified that when they were hired,they were given safety and hazard manuals to read over bythemselves. They were also told to check their names off thenew employee checklist after they’d read the manuals. Butthat practice wasn’t enough to satisfy the company’s trainingobligations under the OHS law, the court said. No one everwent over the manuals with the workers or confirmed thatthey actually understood any of what they were supposed tohave read [R. v. Dial Oilfield Services, [2007] ABPC 16 (CanLII),Jan. 19, 2007].2011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE13PRACTICAL POINTER: Only BC and YT specifically requireemployers to document that they’ve provided safety orientations.But all companies should do so anyway. If you don’tdocument your safety orientations your company won’t beable to prove that it provided them. And a lack of proof couldundermine the company’s due diligence defence if, say, a newworker is injured and the company is charged with failing toproperly train him.ConclusionFew workers are more vulnerable than those who are new toyour workplace. It’s therefore incumbent on you to provide asafety orientation to these workers the moment they first setfoot in the workplace—if not sooner. The safety orientationis your opportunity to induct the new worker into the workplaceand its safety culture. And the orientation will set thetone for how the worker sees the company’s commitment tosafety. If new workers see that the company is being proactiveand taking their safety seriously from day one, they’ll bemore likely to take safety seriously themselves.Protecting New Workers, Cont'd2011 © Bongarde • www.OHSInsider.com

14 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACENEW WORKER SAFETY ORIENTATION FORMFirst Day OrientationInitialDiscussion TopicsCompetence VerifiedY N N/A Previous ExperienceDate tocompleteEmergency Response: Review Emergency Response Plan, EvacuationPlans and ProceduresFirst Aid: Introduce new worker to first aid attendant and location of firstaid facilities.Rules: Review all rules; review use of PPE.Rights: Review 3 basic worker rights: the right to know, the right torefuse unsafe work and the right to participate.1 st Week Safety OrientationInitialDiscussion TopicsCompetence VerifiedY N N/A Previous ExperienceDate tocompleteSafety Policy: Review and identify location.Health and Safety Accord: Review and identify location.Safety Responsibilities: Review and distribute.Employment Standards: Required breaks, hours of service.Hazard, Risk, and Controls: General review of hazard generators, howthey are assessed, and how risk is determined; types of controls.Personal Protective Equipment: Review of what PPE is to be worn,where, how to maintain and take care of PPE.Hazard ID and Reporting: Discuss hazard recognition types of hazards(hazards vs. close calls) and reporting procedures2011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE15NEW WORKER SAFETY ORIENTATION FORM, Cont'd1 st Week Safety Orientation Cont'dInitialDiscussion TopicsCompetence VerifiedY N N/A Previous ExperienceDate tocompleteSafety Meetings: Expectations for attendance and input SafetyRepresentative/Joint OHS Committee: Worker representation in theworkplace, duties, participation.Training Requirements: Inspections, incident investigation and legalrequirements.Incidents: Review definitions of incidents and how to report them.Review purpose of investigations and how they are conducted.Inspections: Review worker's responsibilities as they relate toconducting safety inspections. Review pertinent chapters in the safetymanual and inspection checklistsMan Check Procedures: Review method of conducting man checks andthe frequency.Work Procedures & Practices: How procedures are developed (TaskInventory); review of codes of practice, work practices, and generalprecautions.Supervisors (Orientation Only): Discuss procedures and supervisorsresponsibilities as they relate to safety inspection records, staff orientationsand administrative.Certifications:Drivers License – For new hires, obtain copy of Drivers License.Additional Safety Issues covered during Orientation:Worker receiving Orientation:I acknowledge that I understand the training received, and accept the legal responsibility for my role in fulfilling what I have initialled on this page.Name/DateSignaturePerson conducting Orientation:Name/DateSignature2011 © Bongarde • www.OHSInsider.com

16 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEProtecting New Workers Who Don't Speak EnglishCanada’s workforce is becoming increasingly diverse. Accordingto 2001 census data, 18% of Canadians (5.3 millionpeople) speak a language other than English or French—and 23% of these people use that other language at work.And as new immigrants have poured into Canada, thosepercentages have likely increased and will continue to do soin the future. The fact that English or French isn’t the first languageof so many workers has important legal implicationsfor employers, especially with regard to one of the most fundamentalobligations under the OHS laws: the duty to provideappropriate safety training and information to workers.On the surface, the new demographics haven’t had any impacton employers’ obligations. The OHS laws generally saythat employers must provide workers with appropriate safetytraining and information; they don’t specify the languagesuch training and information must be provided in. Althoughthere are a few language requirements sprinkled into theregulations (see the chart on page 20 for a summary of thelanguage requirements of each jurisdiction), they typicallyapply only in limited circumstances or only to certain jobs orpositions.However, the key isn’t so much what the laws say as whatthey mean in practical application. When you look closely athow the OHS laws are written, the purpose they’re designedto serve and how they’ve been interpreted in actual workplacesituations, there isn’t even the slightest doubt that employersdo have an obligation to provide safety training andinformation in the language their workers speak and understand.Conversely, providing safety training and informationto workers in a language they don’t understand is a clear violationof OHS laws.Let’s look at the dangers posed by language barriers in theworkplace, where the implied obligation to provide multilingualsafety training and information comes from and whatyou must do to comply with it.But for many workers, English or French isn’t their first languageor a language in which they’re capable of communicatingat a conversational or technical level. It’s not uncommonfor workers in Canadian workplaces to speak two or three differentlanguages, even if all members of senior managementspeak English.The fact that workers can speak English or French doesn’tnecessarily mean that they can understand safety trainingand information in those languages. For example, workerswith a working knowledge of conversational English mayhave a limited ability to read English. So although they maybe able to understand safety information presented to themorally, they may not be able to read the written safety materialsthey get from their employers.If workers can’t understand the safety training and informationthey receive from their employers, they’re at greaterrisk of getting injured or of injuring their co-workers. Forexample, in April 2007, two Chinese workers were killedin Alberta when the roof of an oil storage tank collapsed.Four other Chinese workers were injured in the incident. Theworkers had only been in Canada for a year and likely didn’tspeak English. In fact, government inspectors had to bringin Chinese interpreters to interview other workers about theincident. Several companies are currently facing OHS chargesfor this incident.LANGUAGES ACROSS CANADAMost Canadians speak either English or French as theirfirst language. But increased immigration means thatthe mother tongue of many residents is now a languageother than English or French. The most commonlanguages spoken in Canada now include:Dangers Caused by Language BarriersWorkers get most, if not all, of the information and trainingthey need to do their jobs safely from their employers. Soemployers who fail to provide adequate training and informationare leaving their workers vulnerable. Most employersunderstand and embrace this responsibility and set out tomeet it by making sure that their training materials are comprehensiveand technically sound. These materials are usuallyin English and/or French.hh Chinesehh Germanhh Ukrainianhh Italianhh Spanishhh Arabichh Punjabihh Portuguesehh Polishhh Tagaloghh Creehh InuktitutThe predominant foreign language varies by region. Forexample, in Vancouver, Chinese is the most commonforeign language spoken.2011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE17Protecting New Workers Who Don't Speak English, Cont'dWHAT THE LAW SAYSThe OHS laws say employers must provide adequate safetytraining and information to their workers. But they don’tspell out how. The OHS laws say little to nothing about whichlanguage or languages should be used in the workplace forsafety training and written materials. In fact, no province orterritory imposes a general, across-the-board language requirementthat applies to all workplaces and all safety trainingand written materials. (See the chart on page 20 for thelanguage requirements in your jurisdictions.) However, theDean Panel has recommended that Ontario develop safetyinformation in multiple languages and formats.Some jurisdictions don’t include any language requirementsin their OHS laws. So the “default” language of mostworkplaces in these locations is English or French. Other jurisdictionsdo impose language requirements on:Certain safety material. Some jurisdictions impose languagerequirements on certain types of written safety material.For example, federal OHS law requires MSDSs to beprovided in both English and French. In Ontario, employersmust post copies of the OHS Act and any explanatory materialon workers’ rights, responsibilities and duties in English andthe “majority language of the workplace.” And in BC, warningsigns for pesticides and fumigants must be in a language“that can be readily understood by the workers.”Certain jobs and/or industries. The OHS laws in other jurisdictionshave language requirements that relate to specificjobs or industries:hh In NL and NS, offshore petroleum well operators mustensure that differences in language or other barriers toeffective communication don’t jeopardize safety or environmentalprotection;hh In NT and NU, the managers of mines must ensure thattraining provides for the instruction of people who mayhave a poor understanding of the language commonlyused in the mine’s operation;hh In ON, employers must give construction workers who setup and remove measures on or by roadways, direct trafficor act as signallers adequate written and oral instructionsand/or training in a language they understand;hh In SK, direct supervisors, hoist operators and blasters atmines must have adequate knowledge of the language“normally used” at the mine; andhh In YT, every person employed as a supervisor and everyperson who is supervising the work of other workersmust be able to communicate effectively in the language“commonly used” in a surface or underground mine ormining project.Implied Language RequirementsWith the few exceptions set out above, the OHS laws don’tsay whether safety training and other materials must be ina particular language. However, the clear intention behindthese laws is that such training and materials be understoodby the workers who receive them. Most of the time, providingtraining and materials in English or French will be sufficient.But if a worker only understands Portuguese, you need to figureout how to convey the necessary safety information inPortuguese before you entrust that worker to do his job.So just because no jurisdiction’s OHS law imposes a blanketlanguage requirement doesn’t mean that the law doesn’timply such a requirement on all workplaces and all employers.Actually, implied language requirements come from twoplaces:Training requirements. All Canadian OHS laws requireemployers to train workers so that they can work safely. Butit’s not enough to just provide safety training for workers; employersmust also ensure that workers understand the trainingthey receive. And the training must be appropriate for theworker. So if workers don’t understand English or French at allor only a little, how can you prove that they understood whatyou taught them and that the training was appropriate if thetraining was in English or French? Answer: You can’t.Safety information requirements. OHS laws also requireemployers to give workers certain health and safety information.A good example is employers’ obligation to giveworkers MSDSs informing them of the hazards posed by thehazardous substances with which they work. As with trainingrequirements, simply handing workers a manual or set of instructionsthat they can’t comprehend isn’t enough to meetthese obligations.2011 © Bongarde • www.OHSInsider.com

18 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEProtecting New Workers Who Don't Speak English, Cont'dHOW TO COMPLYSo to comply with OHS requirements, employers have an impliedduty to provide training and safety information in a languagethat their workers understand. This requirement applieswhether you provide training and instruction in-houseor hire an outside trainer. In other words, if you hire a consultantto train workers, make sure the consultant knows whatlanguages your workers speak and require the consultant toprovide training and related materials in that language.But understanding that employers must provide safetytraining and materials in languages workers understand isone thing; complying with this requirement is quite another.Safety coordinators at multilingual workplaces can be intimidatedby this daunting task, especially if workers speaka variety of languages. To help you overcome this challenge,we’ve simplified your compliance efforts to the followingfour steps:Step #1: Determine Languages Used in WorkplaceFirst you need to determine the languages your workers understand.Then you can tailor your efforts accordingly. For example,if half the workforce speaks and understands Englishand the rest speak and understand Spanish, you’ll know to,say, translate your company’s safety policies and rules intoSpanish.Note that you can’t address only the dominant languagesspoken in the workplace. Even if only one worker speaks acertain language, you must still ensure that that worker getsappropriate safety training and materials in that language. Soif you have one worker who speaks Tagalog, you can’t just ignorehim. Instead, you must ensure that a Tagalog translatorexplains the safety protocols to that worker and translates allrelevant safety material for him.Step #2: Use Pictograms When PossibleIf you’ve determined that a variety of languages are spokenin your workplace, try to cross language barriers by using pictogramswhenever possible to provide safety information. Apictogram is a graphic symbol or picture that represents anidea. Effective pictograms are simple and easily understoodby workers. In fact, in mines in NT and NU, workers who havea poor understanding of the language commonly used at themine must be trained using pictures and diagrams with verbalreinforcement.WHMIS warning labels are good examples of the use ofpictograms. Other examples: Posting pictures of hardhats orAnalogy to Hearing- and Sight-Impaired WorkersTo understand your company’s legal obligations to non-English and non-French speaking workers, a good analogyis hearing- or sight-impaired workers. Clearly, givinga lecture to a deaf worker or purely visual materials to ablind worker is inadequate. In fact, under federal OHSlaw, employers must ensure that workers with “specialneeds” are given any required direction, notice, information,instruction or training by any method of communicationthat “readily permits” the worker to receive it,including Braille or sign language [Canada Labour Code,Sec. 122.3(1)]. A worker who doesn’t speak the languageprimarily used in the workplace is in a similar position asthe worker with a hearing or visual impairment in termsof understanding what’s communicated to him. So itstands to reason that required safety information andtraining should be provided to a “language-impaired”worker in a language that he understands.safety glasses in areas where workers are required to wearthose items or pictures of a cigarette with a line through it inno-smoking areas.Try to use pictograms that will be universally understood—and that take into account not only language but also culturaldifferences. For example, the symbol for first aid in Westernculture is a red cross. But in other cultures, it’s a red crescentmoon.Step #3: Have Translators Provide Information VerballyPictograms will only get you so far. There’s some informationthat simply can’t be provided using pictograms, such as theworkers’ right to refuse dangerous work. For such information,have translators who are fluent in the applicable languagesverbally translate that information for workers. Youcan either use outside translators or in-house workers or supervisorswho are fluent in the relevant languages.PRACTICAL POINTER: Consider hiring personnel whospeak English or French and the other dominant languageof the workplace. They can then serve as on-hand translatorswhen necessary. Employers might also consider offering Englishas a second language, or “ESL,” courses in the workplace.2011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE19Protecting New Workers Who Don't Speak English, Cont'dStep #4: Provide Written Information in Relevant LanguagesUsing pictograms and verbal translations are good first steps.But there’s some information that’s so important that workersshould have it in writing. Also, the OHS laws may requireyou to provide certain safety information in writing, whetherit’s handed out to workers or posted in the workplace. Soyou’ll have to provide such information in the language usedin the workplace.You may be able to get some written safety material in languagesother than English and French from several resources,such as:hh Ministries of labour;hh Workers’ comp boards. For example, the WorkSafeBC andthe Ontario WSIB offer safety information in languagessuch as Chinese, Italian, Korean, Polish, Portuguese, Punjabi,Russian, Spanish and Vietnamese; andhh Safety associations. Written materials are often availablefrom industry safety associations in the languages mostcommonly used by workers in that industry. For example,the Farm and Ranch Safety and Health Association providessafety training in Punjabi and written materials inPunjabi, Vietnamese and Spanish. And the Industrial AccidentPrevention Association provides a comprehensiveset of work safety rules in 19 languages.Any written safety material you can’t get from these sources,such as your company’s internal safety policies and rules,or that you can’t get in the necessary languages, you’ll haveto get translated on your own.ConclusionThe Insider isn’t aware of any cases in which an employer wasprosecuted specifically for failing to provide safety trainingor information in a language workers understood. But languagebarriers have probably been a factor or identified asa root cause in at least some workplace incidents. And as theworkforce gets even more diverse and speaks even morelanguages, language barriers will likely become more of anissue. So although OHS officers may not be focusing on languagebarriers as an enforcement issue now, they could addit to their priority list in the near future. Even if they don’t, anOHS program is only truly effective if it protects all workers—not just those who speak English or French. After all, the lawis designed to ensure that workers get what they need fromtheir employers to avoid injury. In the context of training andinstruction, the essence of the employer’s obligation is tocommunicate effectively. To meet that obligation, employersmust be prepared to use whatever language is necessary tomake sure their message is understood. That’s why it’s criticalfor safety coordinators to take steps now to address languagebarriers in their workplaces.2011 © Bongarde • www.OHSInsider.com

20 PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACEKNOW THE LAWS OF YOUR PROVINCE: OHS LANGUAGE REQUIREMENTSHere’s what the OHS laws of your province or territory sayabout language requirements:FEDERAL: OHS laws don’t include general language requirements.But MSDSs must be provided in both English andFrench [Canada OHS Regs., Sec. 10.34].ALBERTA: OHS laws don’t include language requirements.BRITISH COLUMBIA: OHS laws don’t contain general languagerequirements. But warning signs on pesticides andfumigants must be in a language “that can be readily understoodby the workers” [OHS Reg., Secs. 6.87 and 6.88].MANITOBA: OHS laws don’t include language requirements.NEW BRUNSWICK: OHS laws don’t include language requirements.NEWFOUNDLAND/LABRADOR: OHS laws don’t includegeneral language requirements. But the Offshore PetroleumDrilling and Production NL Regs. require well operators to ensurethat differences in language or other barriers to effectivecommunication don’t jeopardize safety or environmentalprotection [Sec. 20(d)].NORTHWEST TERRITORIES/NUNAVUT: OHS laws don’t includegeneral language requirements. But at mines, managersmust ensure that training provides for the instruction ofpeople who may have a poor understanding of the languagecommonly used in the mine’s operation [Mine Health andSafety Regs., Sec. 6.04(1)]. Where a person has a poor understandingof the language commonly used in the mine’s operation,the person must be trained by means of pictures anddiagrams with verbal reinforcement [Sec. 6.04(2)].ONTARIO: The OHS Act requires employers to post a copy ofthe Act and any explanatory material prepared by the MOL explainingworkers’ rights, responsibilities and duties in Englishand the “majority language” of the workplace [Sec. 25(2)(i)].Also, hazardous material identifications, MSDSs and noticesidentifying and warning of the presence of hazardous physicalagents must be in English and such other language(s) asmay be prescribed [Secs. 37(1)(c) and 41(4)]. The ConstructionProjects Regs. require employers to give workers who set upor remove certain measures on or by roadways, direct vehiculartraffic or serve as signallers adequate written and oral instructionsand/or training in a language that they understand[Secs. 67(6)(c), 69(4)(d) and 106(1.5)(a)].PRINCE EDWARD ISLAND: OHS laws don’t include generallanguage requirements.QUÉBEC: OHS laws don’t include general language requirements.SASKATCHEWAN: OHS laws don’t include general languagerequirements. But at mines, direct supervisors, hoist operatorsand blasters must have adequate knowledge of the languagenormally used at the mine [Mines Regs., Secs. 14(2)(c),179(d) and 244(c)].YUKON: OHS laws don’t include general language requirements.But the OHS Regs. require every person employed as asupervisor and every person who is supervising the work ofother workers to be able to communicate effectively in thelanguage commonly used in a surface or underground mineor mining project [Sec. 15.10(2)].NOVA SCOTIA: OHS laws don’t include general language requirements.But the NS Offshore Petroleum Drilling and ProductionRegs. require well operators to ensure that differences inlanguage or other barriers to effective communication don’tjeopardize safety or environmental protection [Sec. 20(d)].2011 © Bongarde • www.OHSInsider.com

PROTECTING VULNERABLE WORKERS IN YOUR WORKPLACE21ResourcesHere are links to some valuable resources on protecting new, young and non-English speaking workers:FEDERAL:hhCCOHS’s Young Worker ZoneALBERTA:hh X-Treme Safety: A Survival Guide for New and YoungWorkersBRITISH COLUMBIA:hhYoung Worker Safety CentrehhRaise Your HandMANITOBA:hhFact Sheet on Young EmployeeshhTips for Employing New WorkershhTips for Employing Young Workershh Health and Safety 101: Resource Guide for English Lan-guage LearnersNEW BRUNSWICK:hhNew Employees and Health & SafetyNORTHWEST TERRITORIES/NUNAVUT:hhYoung Workers Know Your RightsNOVA SCOTIA:hhYoung Workers ResourcesONTARIO:hhhhhhhhYoung Worker Fact SheetWhat Young Workers Should KnowInformation for New and Student WorkersNew WorkersPRINCE EDWARD ISLAND:hhGuide for Employers of Young WorkersSASKATCHEWAN:hhU.S.:hhTips for Young WorkersYoung Worker Safety & Health2011 © Bongarde • www.OHSInsider.com