OHS Program Components

[OHS General Regs., S. x] Follow these links
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A workplace’s occupational health and safety (OHS) policy is a statement of principles and general rules that serve as guides for action. The OHS program provides a definite plan of action to implement these principles and rules to prevent accidents and injuries in the workplace. Each workplace will have different hazards and needs which means their OHS program will be unique to them. However, all policies and programs will have similar elements as required by legislation.

Employer Duties

Employers must establish an occupational health and safety (OHS) policy or program as required. [OHS Act., S. 12 (2)(e)]

OHS Policy

An occupational health and safety (OHS) policy is required when 5 or more workers are regularly employed. [OHS Act., S. 24(1)] The OHS policy must be written, reviewed at least annually, and created in consultation with the Joint Occupational Health and Safety (JOSH) Committee or Safety Representative, if present. [OHS Act., S. 24(1)] When a committee or representative is not required, the employer must consult with workers when developing the policy. [OHS Act., S. 24(3)]

The employer must: [OHS Act., S. 24(4)]

  • state their commitment to occupational health and safety in the policy.
  • commit to cooperating with workers to maintain a occupational health and safety.
  • state the responsibilities of themselves (the employer), supervisors, and other workers to fulfill these commitments.

OHS Program

An occupational health and safety (OHS) program is required when 20 or more workers are regularly employed. [OHS Act., S. 23(1)] The OHS program must be written, reviewed at least annually, and created in consultation with the joint occupational health and safety (JOSH) committee or representative, if present. [OHS Act., S. 23(1)]

The employer must make a copy of the OHS program available to the JOSH committee or representative, and on request to any worker at the workplace. [OHS Act., S. 23(4)]

The OHS program must include: [OHS Act., S. 23(3)]

  • requirements for training and supervision of workers to protect their health and safety at work, and the health and safety of others.
  • requirements for written work procedures to implement OHS work practices.
  • how to identify what types of work require work procedures.
  • how the JOSH committee will be established and operate as required, including maintaining membership records, access to management to resolve OHS matters, and access to information required by law.
  • a hazard identification system that includes:
    • evaluating the workplace to identify potential hazards;
    • procedures and schedules for regular inspections;
    • procedures for reporting hazards;
    • procedures to make sure person’s responsible for correcting hazards do so; and
    • what types of hazards will be reported by the employer to the JOSH committee or representative, and the procedures for doing so.
  • a system to monitor the workplace for OHS issues, and to promptly follow-up and control any hazards that are identified.
  • a system to investigate any hazardous occurrences promptly to find their causes, and to identify the actions needed to prevent that event from happening again.
  • procedures for maintaining records and statistics, including reports of OHS inspections and investigation.
  • procedures for making reports available to those persons or groups that are to receive them as required by the Act.
  • requirements for monitoring implementation and effectiveness of the OHS program.
When determining the number of workers, a worker is considered employed when they are regularly employed by an employer, or directly by a constructor or contractor. A worker who is an independent contractor is not considered employed by a constructor or contractor. [OHS Act., S. 24(1) and (2)]

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01

Section 12 Duties of employers

12. (1) An employer shall ensure

(a) that every reasonable precaution is taken to protect the occupational health and safety of persons at or near the workplace;

(b) that any item, device, material, equipment or machinery provided for the use of workers at a workplace is properly maintained, and is properly equipped with the safety features or devices, as recommended by the manufacturer or required by the regulations;

(c) that such information, instruction, training, supervision and facilities are provided as are necessary to ensure the occupational health and safety of the workers;

(d) that workers and supervisors are familiar with occupational health or safety hazards at the workplace;

(e) that workers are made familiar with the proper use of all safety features or devices, equipment and clothing required for their protection; and

(f) that the employer's undertaking is conducted so that workers are not exposed to occupational health or safety hazards as a result of the undertaking.

(2) An employer shall

(a) consult and cooperate with the joint occupational health and safety committee or the representative, as applicable;

(b) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations;

(c) provide such additional training of committee members as may be prescribed by the regulations;

(d) comply with this Act and the regulations and ensure that workers at the workplace comply with this Act and the regulations; and

(e) where an occupational health and safety policy or occupational health and safety program is required under this Act, establish the policy or program.

(3) An employer shall establish and implement as a policy, in accordance with the regulations, measures to prevent and investigate occurrences of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 3]

Section 23 Occupational health and safety program

23. (1) Where 20 or more workers are regularly employed

(a) by an employer other than a constructor or contractor; or

(b) directly by a constructor or contractor,

the employer, constructor or contractor shall establish, and review at least annually, a written occupational health and safety program, in consultation with the committee or representative, if any.

(2) For the purposes of subsection (1), a worker is not regularly employed directly by a constructor or contractor if the worker works with the constructor or contractor as an independent contractor.

(3) An occupational health and safety program shall include

(a) provisions for the training and supervision of workers in matters necessary to their occupational health and safety and the occupational health and safety of other persons at or near the workplace;

(b) provisions for

(i) the preparation of written work procedures for the implementation of occupational health and safety work practices, required by this Act, the regulations or by order of an officer, and

(ii) the identification of the types of work for which the procedures are required at the employer's workplace;

(c) provisions for the establishment and continued operation of a committee required by this Act, including maintenance of records of membership, rules of procedure, access to a level of management with authority to resolve occupational health and safety matters, and information required by this Act or the regulations;

(d) provisions for the selection and functions of a representative where required by this Act, including provision for access by the representative to a level of management with authority to resolve occupational health and safety matters;

(e) a hazard identification system that includes

(i) evaluation of the workplace to identify potential hazards,

(ii) procedures and schedules for regular inspections,

(iii) procedures for ensuring the reporting of hazards and the accountability of persons responsible for the correction of hazards, and

(iv) identification of the circumstances where hazards shall be reported by the employer to the committee or representative, if any, and the procedures for doing so;

(f) a system for workplace occupational health and safety monitoring, prompt follow-up and control of identified hazards;

(g) a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent recurrences;

(h) the maintenance of records and statistics, including reports of occupational health and safety inspections and investigations, with provision for making the reports available to persons entitled to receive them under this Act; and

(i) provisions for monitoring the implementation and effectiveness of the program.

(4) The employer shall make a copy of the program established under this section available

(a) to the committee or representative, if any; and

(b) on request, to a worker at the workplace.

(5) The results of a workplace harassment investigation do not constitute a report for the purposes of clause (3)(h).

[S.P.E.I. 2018, c. 45, s. 5]

Section 24 Occupational health and safety policy

24. (1) Where five or more workers are regularly employed

(a) by an employer other than a constructor or contractor; or

(b) directly by a constructor or contractor,

the employer, constructor or contractor shall establish, and review at least annually, a written occupational health and safety policy, in consultation with the committee or representative, if any.

(2) For the purposes of subsection (1), a worker is not regularly employed directly by a constructor or contractor if the worker works with the constructor or contractor as an independent contractor.

(3) Where this Act does not require a committee or a representative, an employer shall consult the workers regarding the proposed policy.

(4) An occupational health and safety policy shall express the commitment of the employer to occupational health and safety including

(a) the commitment of the employer to cooperate with the workers in pursuing occupational health and safety; and

(b) a statement of the responsibilities of the employer, supervisors and other workers in fulfilling the commitment.