Canada Gazette

The Hazard Prevention Program that forms Part XIX of the Canada Occupational Health and Safety Regulations (COHS Regulations) will be amended to include provisions for ergonomics-related hazards. The amendments will be made pursuant to Part II of the Canada Labour Code, the purpose of which is to prevent accidents and injury to health arising out of, linked with, or occurring in the course of employment in the federal jurisdiction.

The impetus for the proposed amendments are provisions in Part II of the Code, requiring federally-regulated employers to take the prescribed steps to prevent and protect against ergonomics-related hazards in the work place. These provisions were part of amendments made to Part II of the Code under Bill (C-12), which came into force on September 30, 2000.

The intention of creating a working group to discuss regulatory provisions relating to ergonomics was announced at the Labour Program Regulatory Review Committee meeting of May 22, 2002. Later in 2002, the tripartite working group was established comprised of employer, employee and government representatives who examined various alternatives to address workplace ergonomics, including regulatory and non-regulatory options.

The proposed amendments to the Hazard Prevention Program include requirements for the employer to incorporate ergonomics-related hazards in the program. This would mean conducting hazard identification and assessment, developing preventive measures and employee education on ergonomics.

Based on the data sets from the national musculoskeletal incidence reporting from all jurisdictions in Canada and the incidence for select employers under federal jurisdiction located in British Columbia, it is estimated that musculoskeletal injuries constitute approximately 30% of all work-related injuries in federally-regulated workplaces. The incidence of injury suggests a need for workplace ergonomics regulations in an effort to reduce this risk.

Alternatives including regulatory and non-regulatory options were discussed within the working group. At the initial meeting, the Director General of Labour Operations reiterated the Minister's commitment to the issue of ergonomics and a desire for parties to work together. It was also noted that the parameters, which fall within the revised Part II of the Canada Labour Code, specifically those referenced in paragraphs 125(1)(t) and (u), clearly require that employers ensure machinery, equipment, tools, work place, work spaces and procedures meet prescribed ergonomic standards. Prescribed standards defined in the Code are those developed in regulations.

Following amendments to Part II of the Canada Labour Code in 2000, there was an increased responsibility for workplace parties (employers and employees) to address occupational health and safety issues jointly in a more efficient and effective manner. The establishment of steps to prevent hazards, including ergonomics-related hazards through hazard identification and preventive measures, tailored to the unique or specific needs of individual workplaces, was recognized as essential by all parties. In workplaces, it is the role of workplace health and safety committees and representatives to resolve such issues.

A cost-benefit analysis for the proposed amendments to the Hazard Prevention Program has been completed by the Research and Analysis Unit, National Labour Operations Directorate.

Government regulations and amendments are a public investment. When Human Resources and Social Development Canada (HRSDC) performs a cost-benefit analysis for safety and health provisions, it evaluates the project in much the same way as a commercial investment. One important difference is that the point of view is the entire Canadian economy considering the sum of advantages and disadvantages for business, labour, consumers, and governments (Berljawsky, 1997).

The objective of Canada's regulatory policy is to ensure that the use of the Government's regulatory powers results in the greatest net benefit to Canadians. To this end, departments and agencies must justify the need for regulations as well as weigh the benefits of the regulations against their cost. Safety regulations benefit Canadians by promoting, among other things,

. safer workplaces;
. reduced insurance premiums; and
. greater economic productivity.

Under the proposed amendments, employers would be obliged to ensure that ergonomics-related hazards are also identified and eliminated, as much as is reasonably possible, which may include use of engineering controls, provision of protective equipment clothing, devices or materials and management of the exposure duration, recovery and work patterns.

The main benefit anticipated from these Regulations would be the reduction or elimination of injury directly or indirectly resulting from ergonomics-related hazards in workplaces of employers under federal jurisdiction. The direct economic benefits following the introduction of the proposed amendments would be realized mainly in the advantage to the Canadian economy as a result of the anticipated reduction in injury or illness from workplace hazards, including ergonomics-related hazards. There would also be indirect benefits due to the avoidance of various economic losses generated by occupational injury and illness. Among the indirect benefits from the proposed amendments are the potential for an improvement in labour relations, an improvement of worker morale, therefore increased productivity, as well as savings realized when overtime/replacement worker costs are not required.

It is anticipated that the principal costs to the Canadian economy from the introduction of the amendments to the Hazard Prevention Program would be the cost factors deriving from ergonomics-related hazard identification and assessment by federally-regulated employers and the introduction of engineering and administrative controls in workplaces for preventive measures. Human resource costs for employers to develop and administer their respective hazard prevention programs related to ergonomics, and their associated implementation plans and recommendations may be incurred.

It is recognized that some larger federally-regulated employers in Canada, and those with employees at high risk for injury (that is certain industries, office workers and the federal public service), may already have preventive measures in place, (for example, educational tools, safety or protective equipment, workplace controls and staff training). It is also recognized that amendments to the Hazard Prevention Program will result in the development and implementation of specific preventive measures to reduce or eliminate workplace hazards related to ergonomics for federally-regulated companies in Canada .

The cost-benefit analysis study (completed for the Regulatory Impact Analysis Assessment of the proposed amendments to the Canada Occupational Health and Safety Regulations) attempts to take all of these factors into consideration and to only estimate those specific benefits and costs arising from the new requirements introduced by the proposed amendments to the Hazard Prevention Program for federally-regulated companies.

The principal costs were estimated as staff resource time (person-hours/days per enterprise or worksite) and as equipment/ staff training expenses (per enterprise, worksite or employee).

The principal benefits were expressed and shadow-priced as a range of foreseeable percentage of reductions in incidents of disabling musculoskeletal injuries. For many of the specific cost estimation elements, special allowances were made for employees at higher risk for ergonomics-related workplace injuries.

Ongoing costs and benefits in each industry under Canadian federal jurisdiction were estimated and evaluated according to a variety of three different numerical scenarios. All three scenarios were considered realistic, or plausible following the introduction of the proposed amendments to the Hazard Prevention Program in federally-regulated employers in Canada.

For further study, a detailed cost-benefit report is available entitled Cost-Benefit Analysis for New Regulations on Ergonomic Injuries Prevention Program completed by Research and Analysis Section, Occupational Health and Safety and Injury Compensation Division, Labour Program.

In 1986, Labour Canada, now the Labour Program, established the Regulatory Review Committee for the technical revision of federal occupational health and safety regulations. This Committee consists of an equal membership drawn from organized labour and employer organizations in the federal jurisdiction.

In 2002, the Regulatory Review Committee appointed a Working Group to review the positions and concerns of labour, management and HRSDC regarding proposals for new regulations relating to the prevention of ergonomics-related injuries in the workplace. The members of the Working Group, representing a wide range of industrial sectors, were appointed by the Canadian Labour Congress (CLC) and by the Federally Regulated Employers in Transportation and Communications Organization (FETCO). A complete list of members is available upon request.

The first meeting of the tripartite Ergonomics Working Group was held in February 2003. The framework for ergonomics provisions—within the Hazard Prevention Program or a stand-alone regulation—was a major item of discussion throughout the meetings. The employers expressed their opinion that the Hazard Prevention Program had been designed to address all hazards. The employee group has supported the development of a separate ergonomics regulation. The Labour Program prepared the final report of the working group and provided a copy to the spokespersons from the Working Group for comment. Discussions with stakeholder organizations continued since the adjournment of the Working Group, culminating in the decision to include additional language regarding ergonomics-related hazard prevention within the existing Part XIX of the COHS Regulations.

The purpose of the Labour Program's compliance policy is twofold. First, it provides employers and employees with a better understanding of the mechanism used to achieve compliance with the Code. Second, it outlines the steps that the Labour Program will take to ensure compliance with the Code.

Compliance with occupational health and safety requirements is monitored through a number of techniques. Consulting with employer and employee groups on the development of regulations and promoting public information and education programs aims to ensure that the Code and regulations are understood and accepted by all parties.

Policy and workplace health and safety committees are the primary mechanism through which employers and employees work together to solve job-related health and safety problems. Health and safety officers assist the industry in establishing and implementing policy and workplace health and safety committees, and related programs. The statutory powers of health and safety officers allow them to enter a workplace and perform various activities to enforce compliance with the Code and the regulations. For example, health and safety officers may conduct safety audits and inspections. They may also investigate the circumstances surrounding the report of a contravention, work accident, refusal to work, or hazardous occurrence.

An Assurance of Voluntary Compliance (AVC) may be received by the health and safety officer from the employer or employee. The AVC is a written commitment to a health and safety officer that a contravention will be corrected within a specified time. Failure to complete the corrective actions specified in the AVC will lead to the issuing of a direction.

A direction is issued by a health and safety officer whenever a dangerous condition exists and when an AVC is not obtainable or has not been fulfilled. A direction is a written notice directing the employer or employee to terminate and correct a contravention within a specified time.

If non-compliance continues, prosecution can be initiated. Offences can lead to imprisonment. The maximum penalty for offences is, on summary conviction, a fine of $1,000,000, or on conviction on indictment, imprisonment for up to two years and/ or a fine of $1,000,000.

Brenda Allard
Acting Manager
Occupational Health and Safety Policy Unit
Labour Program
Human Resources and Social Development Canada
Place du Portage, Phase II, 10th Floor
165 Hôtel-de-Ville Street
Ottawa, Ontario
K1A 0J2
Telephone: 819-953-0240
Fax: 819-953-1743
Email: brenda.allard@hrsdc-rhdsc.gc.ca

Notice is hereby given that the Governor in Council, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 126 (see footnote c) and 157 (see footnote d) of the Canada Labour Code, proposes to make the annexed Regulations Amending the Canada Occupational Health and Safety Regulations.

Interested persons may make representations concerning the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Brenda Allard, Acting Manager, Legislation, Regulation and Policy Development Unit, Labour Program, Department of Human Resources and Social Development, 165 Hôtel-de-Ville Street, Gatineau, Quebec K1A 0J2 (tel.: 819-953-0240; fax: 819-953-1743).

1. The portion of subsection 19.1(1) of the Canada Occupational Health and Safety Regulations (see footnote e) before paragraph (a) is replaced by the following:

19.1 (1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:

2. Section 19.2 of the Regulations is renumbered as subsection 19.2(1) and is amended by adding the following:

(2) In implementing the prevention program, the employer shall ensure that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, as required by subsection 19.5(1), as much as is reasonably possible and that any person assigned to identify and assess ergonomics-related hazards has the necessary instruction and training.

3. (1) The portion of subsection 19.3(1) of the Regulations before paragraph (a) is replaced by the following:

19.3 (1) The employer shall develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information:

4. (1) The portion of section 19.4 of the Regulations before paragraph (a) is replaced by the following:

19.4 The employer shall identify and assess the hazards in the work place, including ergonomics-related hazards, in accordance with the methodology developed under section 19.3 taking into account

(2) Section 19.4 of the Regulations is amended by adding the following after paragraph (a):

(a.1) in the case of ergonomics-related hazards, all ergonomics-related factors such as

(i) the physical demands of the work activities, the work environment, the work procedures, the organization of the work and the circumstances in which the work activities are performed, and

(ii) the characteristics of materials, goods, persons, animals, things and work spaces and the features of tools and equipment;

5. (1) The portion of subsection 19.5(1) of the Regulations before paragraph (b) is replaced by the following:

19.5 (1) The employer shall, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority:

(a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee;

(d) administrative procedures, such as the management of hazard exposure and recovery periods and the management of work patterns and methods.

(b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes.

(5) The employer shall ensure that any person assigned to implement ergonomics-related prevention measures has the necessary instruction and training.

6. The portion of subsection 19.6(1) of the Regulations before paragraph (a) is replaced by the following:

19.6 (1) The employer shall provide health and safety education, including education relating to ergonomics, to each employee which shall include the following:

7. (1) The portion of paragraph 19.7(1) of the Regulations before paragraph (a) is replaced by the following:

19.7 (1) The employer shall evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, and, if necessary, revise it

(e) first aid records and any injury statistics, including records and statistics relating to ergonomics-related first aid and injuries.

8. These Regulations come into force on the day on which they are registered.