Federal workplace safety requirements: what a federally regulated employer needs in writing

Who is federally regulated

It turns on what the business does. Most businesses are provincial; these are the federal ones.

• Federally regulated workplaces: Part II of the Canada Labour Code applies to employment on or in connection with a federal work, undertaking or business, except one of a local or private nature in Yukon, the Northwest Territories or Nunavut. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 123(1))
• Federally regulated workplaces: Federal works, undertakings and businesses include shipping, railways and other works connecting a province with another or extending beyond a province, interprovincial ferries, air transport and aerodromes, radio broadcasting and banks. (Canada Labour Code, R.S.C. 1985, c. L-2, s. 2 'federal work, undertaking or business')
• Federally regulated workplaces (our reading): Our reading: trucking and courier companies that carry goods across provincial or national borders are federal, because their work connects provinces or extends beyond a province. The Code does not name trucking. A carrier that stays inside one province is provincially regulated. (Canada Labour Code, R.S.C. 1985, c. L-2, s. 2 'federal work, undertaking or business')

The hazard prevention program

Every federal employer has one, whatever its size. It has six parts:

• Federally regulated workplaces: Every employer, whatever its size, must develop, implement and monitor a hazard prevention program, in consultation with the policy committee or, if there is none, the work place committee or the health and safety representative. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 125(1)(z.03))
• Federally regulated workplaces: The hazard prevention program, including ergonomics-related hazards, must suit the size of the workplace and the nature of its hazards, and include an implementation plan, a hazard identification and assessment methodology, hazard identification and assessment, preventive measures, employee training and a program evaluation. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.1(1))
• Federally regulated workplaces: The employer must develop an implementation plan with a time frame for each phase, monitor progress, and review the time frame regularly. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.2(1))
• Federally regulated workplaces: The employer must develop a hazard identification and assessment methodology that sets the steps and time frame, keeps a record of the hazards, and sets a time frame for reviewing the methodology. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.3)
• Federally regulated workplaces: The employer must identify and assess the hazards in the workplace using that methodology, taking into account the nature of each hazard, the level, frequency and duration of exposure, its effects, the preventive measures in place and employee reports. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.4)
• Federally regulated workplaces: Preventive measures follow this order: eliminate the hazard, reduce it, provide personal protective equipment, then administrative procedures. The employer must also develop and implement a preventive maintenance program. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.5(1)-(2))

Training, with both signatures

• Federally regulated workplaces: Each employee must be trained on the hazard prevention program, the hazards of the workplace, their duty to report and an overview of the Act and regulations. The training program is reviewed at least every three years and when conditions or hazard information change. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.6(1)-(3))
• Federally regulated workplaces: Each time hazard prevention training is given, the employee acknowledges in writing that they received it and the employer acknowledges in writing that it was given. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.6(4))
• Federally regulated workplaces: The employer must keep a paper or electronic record of the training given to each employee for two years after the employee stops being exposed to the hazard. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.6(5))

Evaluating the program

• Federally regulated workplaces: The employer must evaluate how well the hazard prevention program works, and revise it if necessary, at least every three years and when conditions or hazard information change. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.7(1))
• Federally regulated workplaces: After each program evaluation the employer must prepare a program evaluation report and keep it readily available for six years. (Canada Occupational Health and Safety Regulations, SOR/86-304, s. 19.8)

Harassment and violence prevention

Most of these are done jointly with your committee or representative.

• Federally regulated workplaces: The employer and the applicable partner (the policy committee, or else the work place committee or the health and safety representative) must jointly carry out a workplace assessment of the risk factors for harassment and violence and the preventive measures, keep it up to date, and review it every three years. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 5(1)-(3))
• Federally regulated workplaces: Within six months after identifying the risk factors, the employer and the applicable partner must jointly develop preventive measures and an implementation plan, and implement them. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 9)
• Federally regulated workplaces: The employer and the applicable partner must jointly develop a workplace harassment and violence prevention policy with the 11 elements the regulations list, make it available to all employees, and review it at least every three years. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 10(1)-(4))
• Federally regulated workplaces: The employer and the applicable partner must jointly develop emergency procedures for an occurrence that poses an immediate danger to an employee, or a threat of one, make them available to all employees, and review them after every use. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 11)
• Federally regulated workplaces: Jointly developed harassment and violence training, specific to the workplace, must be given to each employee within three months of starting work and every three years after, to the designated recipient before they take on their duties, and to the employer itself every three years. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 12)
• Federally regulated workplaces: The employer must make available to employees information on the medical, psychological and other support services in their area. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 13)

What the policy has to contain

Records and the March 1 report

• Federally regulated workplaces: The employer must keep the policy, the workplace assessment and the other listed records. The reviews of the assessment, the records of notices, the investigator reports, the annual reports and the other records listed after them are kept for 10 years. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 35)
• Federally regulated workplaces: On or before March 1 each year, the employer must give the Head of Compliance and Enforcement an annual report on the previous calendar year's harassment and violence occurrences. (Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s. 36)

Committees and representatives

• Federally regulated workplaces: For each work place it controls where fewer than 20 employees are normally employed, or where no work place committee is needed, the employer must appoint the health and safety representative the employees select. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 136(1))
• Federally regulated workplaces: The employer must establish a work place health and safety committee for each work place it controls where 20 or more employees are normally employed. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 135(1),(10))
• Federally regulated workplaces: An employer that normally employs 300 or more employees directly must establish a policy health and safety committee. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 134.1(1),(7))
• Federally regulated workplaces: A committee must keep accurate records of the matters that come before it and minutes of its meetings. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 135.1(9))
• Federally regulated workplaces: The employer must respond in writing within 30 days to recommendations from the policy committee, the work place committee or the health and safety representative. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 125(1)(z.10))

Why it matters

• Federally regulated workplaces: Every employer must ensure that the health and safety at work of every person it employs is protected. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 124)
• Federally regulated workplaces: A contravention can bring a fine of up to $1,000,000, imprisonment of up to two years, or both, on conviction on indictment. (Canada Labour Code, R.S.C. 1985, c. L-2, Part II, s. 148(1)-(3))

Questions

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