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Module 1: Occupational Health and Safety Framework

August 5, 2021

In this module, you will learn the fundamentals of the different components that make up the Occupational Health and Safety Framework that applies to the federal public service. This regulatory framework is a powerful tool in health, safety and prevention. Cascading down from the legislation (Canada Labour Code, Part II) to your departmental[1] occupational health and safety (OHS) policies and procedures, the regulatory framework sets out specific occupational health and safety requirements for employers, supervisors, and employees in order to protect your health and safety regardless of your work and workplace.

By the Royal Canadian Mounted Police

Topics include:

  • Health and safety law and policies
  • Canada Labour Code, Part II
    • Important definitions
    • Important sections
  • Canada Occupational Health and Safety Regulations
  • Maritime Occupational Health and Safety Regulations
  • Aviation Occupational Health and Safety Regulations
  • Policy Committees, Workplace Committees and Health and Safety Representatives Regulations
  • Who enforces the Canada Labour Code and its regulations?
  • Treasury Board of Canada Secretariat policies
  • National Joint Council Occupational Health and Safety Directive
  • Your departmental occupational health and safety program
  • Example: OHS Policy and General OHS Policy Statement for Fisheries and Oceans Canada
  • Example of a standard OHS statement
  • About your departmental OHS unit
  • Quiz: 5 questions
  • Going further than that…

Module 1: Occupational Health and Safety Framework

Health and safety law and policies

For federally regulated employers, the Canada Labour Code, Part II, (the Code, Part II) and its associated regulations outline the minimum requirements for workplace health and safety.

Specific to federal public service employees, the Code is accompanied by the Canada Occupational Health and Safety Regulations, Maritime Occupational Health and Safety Regulations, Aviation Occupational Health and Safety Regulations, Treasury Board of Canada Secretariat policies, National Joint Council directives, and your department or agency’s occupational health and safety (OHS) policy, directives, guidelines, procedures, and training.

The Canada Labour Code: Part II

The Code, Part II, is legislation designed to protect you, a federal public service employee, from workplace injuries and illnesses. It establishes the duties for your employer, OHS committees and representatives within your organization;[2] the powers of the Minister of Labour and their representatives; and your duties and rights as an employee.

Important definitions under the Code, Part II

Employee: a person employed by an employer.

Employer: a person who employs one or more employees and includes an employers’ organization and any person who acts on behalf of an employer (this definition includes anyone who directs the work of another person and can be a manager, supervisor, a lead hand or lead scientist in field operations).

Safety: protection from danger and hazards arising out of, linked with or occurring in the course of employment.

Workplace: any place where an employee is engaged in work for the employee’s employer (a workplace is not limited to an office environment or on board a vessel; it is any place where the employee conducts work on behalf of the department).

Important sections of the Code, Part II

A specific list of duties, powers and rights are outlined in the following sections:

  • Employers: sections 124 and 125;
  • Employees: section 126;
  • Representatives of the Minister of Labour: sections 127 and 129;
  • Policy Health and Safety Committees: section 134;
  • Workplace Health and Safety Committees: section 135;
  • Health and Safety Representatives: section 136.

Your specific duties as an employee and your employer’s duties are outlined in a later section of this training.

Processes are outlined in the Code, Part II, for the reporting of hazards via:

  • An Internal Complaint Resolution Process: section 127.1;
  • A Refusal to Work Process: section 128;
  • A complaint process for employees when action has been taken against them as a result of a refusal to work: section 133;
  • An appeal process for directions issued by the Labour Program’s health and safety officer, who is the representative of the Minister of Labour; the appeal is made to the Canada Industrial Relations Board: section 146.

When and how to navigate through these processes will be addressed in a later section of this training.

Special provisions are outlined in the Code, Part II, to ensure that:

  • If you are pregnant or nursing, your health and that of your fetus or child are protected should your regular job function pose a risk (section 132).
  • You are not prevented from providing information to an appeals officer or the Minister of Labour upon request (section 143).

Fines and convictions are outlined in the Code, Part II, for confirmed contraventions of the Code (section 148).

Did you know?

Your employer is responsible for ensuring that a copy of the Canada Labour Code, Part II, is posted in your workplace and in electronic form, in a place accessible to all employees. Do you know where a copy of the Code, Part II, is available in your workplace should you want to consult it?

Canada Occupational Health and Safety Regulations

The Canada Occupational Health and Safety Regulations define specific standards on how the employer and employee duties in the Code, Part II, are to be carried out for work activities conducted on land and shore. The regulations are broken down into the following parts.

Part number

Title

Summary

Part I

Interpretation

Definitions.

Part II

Permanent Structures

Buildings, towers, antennas, and heating, ventilation, and air conditioning (HVAC) systems: design, construction and maintenance.

Part III

Temporary Structures and Excavations

Portable ladders, temporary ramps, stairs and elevated work bases: working conditions on temporary structures; design, construction and the maintenance of temporary structures.

Part IV

Elevating Devices

Elevating devices standards, use, operation, inspection, testing and repair.

Part V

Boilers and Pressure Vessels

Use, operation, repair, alteration and maintenance of boilers and pressure vessels.

Part VI

Lighting

Levels of lighting in work areas and emergency lighting.

Part VII

Levels of Sound

Levels of sound in the work area, measurement and limits of exposure; investigations, reporting and hearing protection.

Part VIII

Electrical Safety

Safety procedures, safety watchers, coordination of work, isolation of electrical equipment, testing and grounding.

Part IX

Sanitation

Sanitation requirements for facilities.

Part X

Hazardous Substances

Storage, handling and use of hazardous products; employee education; investigations; ventilation requirements; control of hazards; material safety data sheets and labels.

Part XI

Confined Spaces

Confined space entry requirements: hazard assessment, emergency procedures, hot work, and ventilation equipment.

Part XII

Protection Equipment and Other Preventive Measures

Personal protective equipment and clothing requirement instructions; training and maintenance.

Part XIII

Tools and Machinery

Design, construction, operation, maintenance, instruction, training and use of tools.

Part XIV

Materials Handling

Design, construction and maintenance of motorized and manual material handling equipment; protection while using material; instruction and training requirements; manual handling of material requirements.

Part XV

Hazardous Occurrence Investigation, Recording and Reporting

Requirements for the investigation and reporting of accidents, occupational disease or other occurrences affecting employees.

Part XVI

First Aid

First aid attendant requirements, first aid station requirements, first aid supplies and equipment, first aid rooms, transportation of injured employees and teaching requirements for first aid teachers.

Part XVII

Safe Occupancy of the Work Place

Fire protection equipment, emergency and evacuation plans and procedures, conducting inspections, and meeting and training requirements.

Part XVIII

Diving Operations

Procedures, instructions and training for diving operations, medicals and fitness, plans and teams for dive operations; equipment requirements.

Part XIX

Hazard Prevention Program

Requirements for employers to have and implement a hazard prevention program and the elements of that program.

 

Work Place Harassment and Violence Prevention Regulations

The Government of Canada made a commitment to ensure all Canadian workers, including the most vulnerable, are protected from harassment and violence in federally regulated workplaces. To this end, on January 1st, 2021, the Government took an important step toward strengthened federal provisions in the Canada Labour Code to better protect workers and support employers. The Regulations replace Part XX of the Canada Occupational Health and Safety Regulations, portions of the Canada Labour Standards Regulations, as well as occupational health and safety regulations related to aviation, maritime, oil and gas, and on board trains. They highlight the importance of harassment and violence prevention and make it easier for employers and employees to identify their rights and duties.

Maritime Occupational Health and Safety Regulations

When employees are conducting work on board a vessel (i.e. Canadian Coast Guard ship, fast rescue craft, canoes) on the water, the Maritime Occupational Health and Safety Regulations apply. Specific standards on how the duties in the Code, Part II, are to be carried out on board these vessels are broken down into the following parts.

Part number

Title

Summary

Part 1

General

Interpretations and application of the regulations.

Part 2

Structures

Requirements for design, construction, temporary structures, scaffolding, stages, ladders, housekeeping and maintenance.

Part 3

Crew Accommodations

Requirements for crew accommodation on board vessels.

Part 4

Sanitation

Sanitation requirements for vessels.

Part 5

Safe Occupancy of the Work Place

Fire protection equipment, emergency evacuation, training and instruction and inspections.

Part 6

Medical Care

Medical care ashore, first aid kits, medicine chests, medical equipment and guides.

Part 7

Hazard Prevention Program

Requirement for employers to have and implement a hazard prevention program and the elements of that program.

Part 8

Diving Operations

Dive operations from a vessel must meet the same requirements as the Canada Occupational Health and Safety Regulations.

Part 9

Persons Transfer Apparatus

Requirements for transfer apparatus used for the purpose of carrying persons on board a vessel and every safety device attached to that apparatus.

Part 10

Protection Equipment

Requirements for protection equipment (i.e., protective headwear and footwear, or respiratory, skin and fall protection), instruction, training and maintenance.

Part 11

Lighting

Lighting requirements for the workplace.

Part 12

Prevention of Noise and Vibration

Requirements for levels of sound on board vessels and personal protective equipment to reduce the hazard.

Part 13

Work Permit

Requirements for permits to conduct hazardous work.

Part 14

Confined Spaces

Requirements for working in confined spaces: permits

Part 15

Electrical Safety

Requirements for safety procedures, control devices and switches, power supply, fuses and permits.

Part 16

Hot Work Operations

Requirements for conducting hot work (work where a flame is used or a source of ignition may be produced).

Part 17

Boilers and Pressure Vessels

Use, operation, repair, alteration and maintenance of boilers and pressure vessels.

Part 18

Tools and Machinery

Requirements for the design, construction, maintenance and use of tools.

Part 19

Materials Handling and Storage

Design, construction and maintenance of motorized and manual material handling equipment; protection while using equipment; instruction and training requirements; manual handling of material requirements.

Part 20

Hazardous Substances

Storage, handling and use of hazardous products, employee education, investigations, ventilation requirements, control of hazards, material safety data sheets and labels.

Part 21

Hazardous Occurrence Recording and Reporting

Requirements for the investigation and reporting of accidents, occupational disease or other occurrences affecting employees.

 

Aviation Occupational Health and Safety Regulations

The Aviation Occupational Health and Safety Regulations apply to employees employed on board aircraft while in operation, and persons granted access to the aircraft. Specific standards on how the duties in the Code, Part II, are to be carried out on board an aircraft while in operation are broken down into the following parts.

Part number

Title

Part 1

General

Part 2

Levels of Sound

Part 3

Electrical Safety

Part 4

Sanitation

Part 5

Hazardous Substances

Part 6

Safety Materials, Equipment, Devices and Clothing

Part 7

Temperature and Lighting

Part 8

Materials Handling

Part 9

First Aid

Part 10

Hazardous Occurrence Investigation, Recording and Reporting

 

Policy Committees, Work Place Committees and Health and Safety Representatives Regulations

The following outlines the regulations regarding the various occupational health and safety committees and occupational health and safety representatives.

Part number

Summary

Part 1

Selection of members, qualification of members selected by the employer, chairpersons, vacancy, quorum, minutes, and annual reporting.

Part 2

Selection of OHS representatives, term of office, and vacancy of office.

Part 3

Health and safety training program for members.

 

[Insert your department’s name] is responsible for making readily available to employees for examination a copy of the regulations that apply to the workplace. Do you know how to access the relevant regulations that apply to your workplace?

Who enforces the Canada Labour Code and its regulations?

The Labour Program, Employment and Social Development Canada (ESDC), enforces compliance with the Code and the associated regulations. The Minister of Labour has the authority under the Code to delegate their powers, duties or functions to any qualified person. These official representatives have the authority to inspect the workplace, and investigate accidents, internal complaints and work refusals.

Representatives of the Minister of Labour are Labour Affairs Officers, who work with the ESDC Labour Program to enforce the Canada Occupational Health and Safety Regulations.

The Aviation and Marine Safety Directorate of Transport Canada has been delegated the authority to enforce the Maritime Occupational Health and Safety Regulations and the Aviation Occupational Health and Safety Regulations.

Treasury Board of Canada Secretariat policies

The Treasury Board of Canada Secretariat (TBS) has developed occupational health and safety policies, standards and procedures that contain enhancements to the Code, Part II, for federal work sites. They are written to complement OHS programs in force in the federal public service. Like the legislation, they should be considered a minimum standard that may be exceeded with your employer’s OHS program.

Directives and standards shall be implemented in all federal workplaces. It is the responsibility of [insert your department’s name] to apply the most recent edition of standards and directives in the workplace.

National Joint Council Occupational Health and Safety Directive

Part number

Title

Part I

General

Part II

Permanent Structures and Safe Occupancy of the Workplace (Use and Occupancy of Buildings)

Part III

Elevated Work Structures

Part IV

Elevating Devices

Part V

Boilers and Pressure Vessels

Part VI

Lighting

Part VII

Noise Control (Levels of Sound)

Part VIII

Electrical Safety

Part IX

Sanitation

Part X

Pesticides

Part XI

Hazardous Substances

Part XII

Confined Spaces

Part XIII

Personal and Protective Equipment and Clothing

Part XIV

Tools and Machinery

Part XV

Materials Handling

Part XVI

Motor Vehicle Operations

Part XVII

Hazardous Occurrence Investigation, Recording and Reporting (HOIRR)

Part XVIII

First Aid

Part XIX

Refusal to Work

Part XX

Occupational Health and Safety Committees and Representatives

 

[Insert your department’s name] OHS program

[Insert your department’s name] has established workplace health and safety requirements through its OHS program. The departmental OHS program is based on the Modern Safety Management System, and it assists the department in complying with OHS legislation and its requirements.

Example: OHS Policy and General OHS Policy Statement for Fisheries and Oceans Canada

Fisheries and Oceans Canada (DFO) has an occupational health and safety policy that affirms the following: “Every employee of DFO should have the expectation of a safe and healthy workplace. The health and safety of employees is a legal responsibility of management and employees alike.”

The objective of the policy is to guide actions and decisions related to occupational health and safety throughout the department and define the governance of the department’s Occupational Health and Safety Policy and Program.

The policy mandates that the department’s Occupational Health and Safety Program be developed and implemented with clearly defined accountabilities, roles and responsibilities. Implementation of the Occupational Health and Safety Policy and Program is intended to protect the health and safety of employees, contribute to a department-wide culture of health and safety, and ensure that the department complies with applicable federal health and safety legislation, regulations, policies and standards.

To fulfill this commitment, we will provide and maintain a safe, healthy and violence-free workplace that complies with and at times exceeds regulatory health and safety requirements. We will strive to protect employees from any known or foreseeable hazards by dedicating sufficient resources to prevent and protect against hazards and behaviours that could result in personal injury or illness, or loss or damage to property. This Department is committed to promoting occupational health and safety by providing continually improving programs, and communicating information on occupational health and safety.

All managers and supervisors are accountable for providing a healthy and safe work environment. They shall be adequately trained and informed of their roles and responsibilities in health and safety, and comply with Part II of the Canada Labour Code (and associated regulations), TBS policies, standards and directives and the Departmental OHS program. These requirements are outlined in the Department of Fisheries and Oceans’ Occupational Health and Safety Manual and the Canadian Coast Guard Safety Management Systems.

All employees will perform their jobs in accordance with established safe work procedures and Departmental occupational health and safety programs and policies. Employees will promote safe, healthy and violence-free workplaces by reporting any action or circumstance that is likely to be hazardous.

Your department’s OHS policy and OHS policy statement should be posted in your workplace or be available at [insert your department’s link].

Example of a standard OHS statement

Statement of General Occupational Health and Safety
[Name of Department]

[Name of department] values the protection of the occupational health and safety of all employees as an integral part of our departmental culture.

Senior management is committed to overseeing the development and maintenance of programs and services that support the occupational health and safety of our employees. This objective is achieved by devoting time, effort and resources to meet or exceed, where possible, the legal obligations set out in the Canada Labour Code, Part II, and to implement preventive measures as set out in the National Joint Council’s Occupational Health and Safety Directive.

Employees and managers share responsibility for health and safety; they are responsible for their own safety and that of their colleagues.

Managers are responsible for protecting employees in the workplace, which includes, among other things:

  • Inform employees of the risks and ensure that they receive mandatory and comprehensive occupational health and safety training;
  • Act proactively to eliminate risks in the workplace, including psychological health and safety risks;
  • Ensure that the equipment and tools used by employees are safe and that work is done in accordance with safe procedures and practices;
  • Report any work-related physical or psychological injuries and illnesses and other hazardous situations;
  • Conduct work-related accident investigations and implement effective corrective measures;
  • Promote and maintain a respectful workplace culture.

Employees are responsible for making [name of department] a healthy and safe workplace by:

  • Following occupational health and safety training;
  • Identifying and reporting to their manager risks and incidents related to occupational health and safety;
  • Performing work safely by following occupational health and safety procedures and guidelines, and contributing to a respectful workplace;
  • Cooperating in the implementation of corrective measures in their workplace.

If you have any questions about occupational health and safety, talk to your supervisor or contact your occupational health and safety manager or workplace occupational health and safety committee (or occupational health and safety representative).

 

About [insert your department’s OHS unit]

Occupational health and safety (OHS) advisors are appointed, and are available to assist managers, OHS committees and OHS representatives. Advisors can interpret legislation, policies and directives. They can provide advice and guidance about the components of the departmental OHS program. OHS advisors can also deliver mandatory OHS training and audit the departmental OHS program.

Name

Title

Phone number or email address

 

OHS Manager

613-000-0000

 

OHS Advisor

613-000-0000

 

OHS Coordinator

613-000-0000

 

Quiz – Module 1: Occupational Health and Safety Framework

  1. What legislation, policies or directives are designed to protect employees?
    1. Treasury Board policies and directives
    2. Canada Labour Code, Part II
    3. Canada Occupational Health and Safety Regulations
    4. Maritime Occupational Health and Safety Regulations
    5. All of the above
  2. What is the definition of an employer?
    1. A person who employs one or more employees
    2. A person who employs one or more employees, including an employer’s organization and any person who acts on behalf of an employer
    3. Anyone who directs the work of another person
    4. All of the above
  3. Which regulations apply to [insert your department’s name]?
    1. Maritime Occupational Health and Safety Regulations
    2. Canada Occupational Health and Safety Regulations
    3. Both of the above
  4. Who enforces the Canada Labour Code, Part II, and its regulations?
    1. The Labour Program
    2. Treasury Board
    3. Departments
  5. The OHS policy and OHS policy statement demonstrate management’s commitment to occupational health and safety.
    1. True
    2. False

Module 1: Going further than that…

You are invited to enhance your skills and knowledge by consulting the following:

Course offered by the Canada School of Public Service

  • Canada Labour Code, Part II: An Overview (Z065)

Links to reference material

 

[1] In this training package, “department” is generally used to refer to federal departments and agencies.  

[2] In the Canada Labour Code, the more general term “organization” is used. When referring to the Canada Labour Code in this training package, the same term is used.