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The Provincial Government announced last fall that they had amended the Occupational Health and Safety (OH&S) Regulations. What was once 189 sections had now expanded to over 500 sections leaving employers overwhelmed and confused as to how it affects their business. This overhaul was long overdue, but some think employers do not have enough notice to prepare.
Depending on the industry that you are working in, these amendments could have a big effect on how you are currently carrying out your business. NL Government Services enforces OH&S and inspectors have broad powers to inspect any workplace; investigate any potentially hazardous situation, critical injury, fatality and work refusal; order compliance with the Act and regulations; stop unsafe work from being performed; and initiate prosecutions.
As a result of the legislation, Occupational Health and Safety inspectors are now visiting more workplaces before injuries occur, focusing resources where they are most needed. In other words, to avoid trouble later, they are looking for it now so I recommend employers pay close attention to the new legislation.
Regarding enforcement, low risk violations of the new OH&S regulations will be imposed January 1, 2010. High risk violations came into force September 1st, 2009 with the usual; written directives and potential stop work orders; and include any activity, process, or environment that can potentially cause serious injury. Examples would include fall arrest, confined space entry, guarding machines, etc.
The implementation of the new regulations also makes it more important than ever for employers to be aware of current CSA Standards as the number of CSA standards referenced in the regulations has increased significantly. In particular, the standards pertaining to Personal Protective Equipment (PPE) including foot protection, prescription safety glasses and face protection, which are now CSA approved. Prescription safety glasses also have to meet the requirements of American National Standards Institute (ANSI). You can verify equipment is CSA or ANSI approved by locating the stamp or logo on equipment.
The new regulations also highlight revisions to respiratory protection (i.e. respirators, supplied air and self contained breathing apparatus (SCBA)) in the workplace. If your workplace currently carries this type of equipment in-house now, you will be required to develop and implement a “Respiratory Protection Program” in accordance with the CSA Standard Z94.4 “Selection, Use and Care of Respirators.”
I caution you that failure to comply may result in an OH&S officer issuing written directives, stop work orders and possibly fines and charges. This can seriously impact on your ability to compete for Government contracts and may affect the bottom line and reputation of a company staying in business.
