Incident Investigation
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Under the Occupational Health and Safety Act, employers with 20 or more regularly employed workers must have an Occupational Health and Safety (OHS) Program. The OHS Program must include procedures about incident investigation. [OHS Act, S. 23(1)(g)] The goal of an incident investigation is to find the cause of an incident which will help prevent similar unsafe situations from happening again.
While the program must include a method to report and investigate injuries, it should also investigate minor incidents or near misses. The joint occupational safety and health (JOSH) committee or representative should review the information that was gathered and make recommendations for change when necessary. With a reporting process, and a goal of preventing recurrences, it is more likely that workers will report near misses and minor injuries.
Employers
Employers must:
- Maintain records and statistics, including OHS safely inspections and investigations, and make the reports available to persons named in the Act as needed. [OHS Act, S. 23(1)(h)]
This duty also includes investigating occurrences of harassment. [OHS Act, S. 12(3)][OHS General Regs., S. 52.3]
Serious Injuries
Employers must report serious injuries to the Occupational Health and Safety Division of the WCB. In the case of a serious injury, it is an offence to disturb the scene of the incident before the OHS Officer arrives, except to prevent further injury or damage. Report serious workplace injuries to the WCB Director of OHS within 24 hours by calling the OHS 24-hour emergency number at 902-628-7513 or giving written notice to the WCB Director of OHS. If the workplace has a JOSH committee, it must also be notified.
Role of the JOSH Committee or Representative
Other than for complaints of workplace harassment, the JOSH committee or representative will:
- receive, investigate, and respond to health and safety issues; and [OHS Act, S. 25(7)(b)][OHS Act, S. 26(6)(b)]
- participate in inspections, inquires, and investigations; [OHS Act, S. 25(7)(c)][OHS Act, S. 26(6)(c)]
The JOSH committee may also be called upon to investigate a work refusal when the situation has not been resolved to the worker’s satisfaction. [OHS Act, S. 28(5)] Specific steps must be followed when investigating a work refusal.
When an Incident Occurs
It’s important to identify who will do the investigation, and the tools that may be needed (pencil, paper, camera or recording device, tape measure, etc.) in advance. As little time as possible should be lost between the moment of an incident and the beginning of the investigation. The goal is to be able to observe the conditions as they were at the time and to identify witnesses.
When an incident occurs:
- Provide first aid and medical care to injured person(s).
- Report the incident to a designated person within the workplace.
- Take steps to prevent further injuries or damage.
The incident investigator (or team of investigators) should perform the following general steps:
- Scene management and scene assessment (secure the scene, make sure it is safe for investigators to do their job).
- Witness management (provide support, limit interaction with other witnesses, and conduct interviews when appropriate).
- Investigate the incident, and collect data.
- Analyze the data and identify the root causes.
- Report the findings and recommendations.
The employer, with assistance from the JOSH committee or representative, will next:
- Develop a plan for corrective action.
- Implement the plan.
- Evaluate the effectiveness of the corrective action.
- Make changes for continual improvement.
Workers
Workers:
- Must take all reasonable precautions to prevent injuries to themselves and others who may be at or near their workplace.[OHS Act, S. 16(1)(a)]
- Must report unsafe workplace conditions or equipment immediately to a supervisor. [OHS Act, S. 16(2)(a)(b)]
- Can assist the inspector or team by discussing their observations and concerns.
A serious workplace injury is an incident at work that:
- Is or may be fatal.
- Results in a loss of a limb.
- Produces unconsciousness.
- Results in a substantial loss of blood.
- Involves a fracture.
- Involves the amputation of a leg, arm, hand, or foot.
- Consists of burns to a large portion of the body.
- Causes the loss of sight in an eye.
General Regulations
EC180/87
Part 52 VIOLENCE IN THE WORKPLACE
Section 52.3 Risk identified
52.3 If a risk of injury to a worker from violence in a workplace is identified by an assessment under section 52.2, the employer shall establish procedures, policies and work environment arrangements
(a) to either
(i) eliminate the risk of violence to workers in that workplace, or
(ii) if elimination of the risk is not possible, minimize the risk of violence to workers in that workplace; and
(b) to provide for reporting, investigating and documenting incidents of violence in that workplace.
[EC2006-43, s. 5]
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 16 Duties of worker
16. (1) A worker, while at work, shall
(a) take every reasonable precaution to protect the worker's own occupational health and safety and that of other persons at or near the workplace;
(b) cooperate with the employer and with the other workers to protect the worker's own occupational health and safety and that of other persons at or near the workplace;
(c) wear or use such individual protective equipment as is required by this Act and the regulations;
(d) consult and cooperate with the committee or representative, if any;
(e) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations; and
(f) comply with this Act and the regulations and any policy or program established by an employer pursuant to this Act or the regulations.
(2) Where a worker believes that any item, device, material, equipment or machinery, condition or aspect of the workplace is or may be dangerous to the worker's occupational health or safety or that of other persons at or near the workplace, the worker
(a) shall immediately report it to a supervisor;
(b) shall, where the matter is not remedied to the worker's satisfaction, report it to the committee or the representative, if any; and
(c) may, where the matter is not remedied to the worker's satisfaction after the worker reports it in accordance with clauses (a) and (b), report it to an officer.
(3) Clause (2)(b) does not apply in respect of a complaint of harassment in the workplace.
[S.P.E.I. 2018, c. 45, s. 4]
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 25 Joint occupational health and safety committee
25. (1) At a workplace where 20 or more persons are regularly employed by an employer, the employer
(a) shall establish and maintain a joint occupational health and safety committee; and
(b) may establish additional such committees.
(2) Where 20 or more persons are regularly employed by one or more constructors at a project that is expected to last three months or more, a constructor shall establish and maintain a committee for the project.
(3) At a workplace where fewer than 20 but more than five persons are regularly employed, the Director may consult with the workers and employers at the workplace regarding the establishment of a committee and the Director may order that a committee be established.
(4) Where the Director orders that a committee be established under subsection (3), the employer shall ensure that the committee is functioning in accordance with this Act within 30 days of receipt of the order.
(5) A committee shall be composed of the number of persons
(a) agreed to by the workers or their union, and the employer; or
(b) ordered by the Director.
(6) Membership of the committee shall be determined as follows:
(a) one-half of the members shall be selected by the union representing the workers or, in the absence of a union, by the workers that the members represent;
(b) one-half of the members shall be selected by the employer.
(7) The committee shall
(a) cooperate to identify hazards to occupational health and safety in the workplace and effective systems to respond to the hazards;
(b) receive, investigate and promptly deal with issues respecting occupational health and safety , other than a complaint of workplace harassment;
(c) participate in inspections, inquiries and investigations respecting the occupational health and safety of workers in the workplace , other than an investigation of a complaint of workplace harassment;
(d) advise the employer on individual protective equipment, devices and safety features that are best suited to the needs of the workers, within the provisions of this Act and the regulations;
(e) advise the employer regarding a policy or program required by this Act;
(f) make recommendations to the employer, the workers and any other persons for the improvement of the occupational health and safety of persons at the workplace; and
(g) maintain records and minutes of committee meetings in a form and manner approved by the Director and provide an officer with a copy of those records and minutes at the request of the officer.
(8) Subject to subsection (9), a committee shall meet at least once each month unless the committee otherwise provides in its rules of procedure.
(9) Where the Director is not satisfied that the frequency of meetings of a committee is sufficient to enable the committee to effectively perform its functions, the Director may order the committee to hold meetings at such frequency as the Director may specify.
(10) A worker who is a member of a committee is entitled to take the necessary time off from work to attend meetings of the committee, to take training prescribed by the regulations and to carry out the worker's functions as a member of the committee.
(11) The time off from work referred to in subsection (10) shall be deemed to be work time for which the worker is entitled to the worker's usual salary and benefits, without change.
(12) A committee shall establish its own rules of procedure.
[S.P.E.I. 2018, c. 45, s. 6]
Section 26 Occupational health and safety representative
26. (1) Where the number of workers employed at a workplace is five or more but no committee is required under section 25, the employer shall require the workers to select at least one representative from among the workers who do not perform managerial functions.
(2) Where the number of workers at a project is five or more but no committee is required under section 25, the constructor shall require the workers to select at least one representative from among the workers who do not perform managerial functions.
(3) Where the number of workers at a workplace is fewer than five, the Director may
(a) consult with the workers and the employer at the workplace regarding whether a representative should be selected at the workplace; and
(b) order that the workers select a representative if the Director considers that a representative is necessary to ensure that occupational health and safety issues in the workplace are monitored.
(4) A worker who is a representative is entitled to take the necessary time off from work to attend meetings of the committee, to take training prescribed by the regulations and to carry out the worker's functions as a representative.
(5) The time off from work referred to in subsection (4) shall be deemed to be work time for which the worker is entitled to the worker's usual salary and benefits, without change.
(6) A representative shall be involved on behalf of the workers, together with the employer, in occupational health and safety issues in the workplace and shall
(a) cooperate to identify hazards to occupational health and safety in the workplace and effective systems to respond to the hazards;
(b) receive, investigate and promptly deal with issues respecting occupational health and safety , other than a complaint of workplace harassment;
(c) participate in inspections, inquiries and investigations respecting the occupational health and safety of workers in the workplace , other than an investigation of a complaint of workplace harassment;
(d) advise the employer on individual protective equipment, devices and safety features that are best suited to the needs of the workers, within the provisions of this Act and the regulations;
(e) advise the employer regarding a policy or program required by this Act; and
(f) make recommendations to the employer, the workers and any other persons for the improvement of the occupational health and safety of persons at the workplace.
[S.P.E.I. 2018, c. 45, s. 7]
Section 28 Right to refuse work
28. (1) A worker may refuse to do an act at the worker's workplace where the worker has reasonable grounds for believing that the act is likely to endanger the worker's occupational health or safety or the occupational health and safety of another worker.
(2) A worker who has reason to believe that an act is likely to endanger the worker's occupational health and safety or the occupational health or safety of another worker shall immediately report the concern to the worker's supervisor, who shall promptly investigate the situation in the presence of the worker.
(3) Where a supervisor finds that the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the supervisor shall take appropriate remedial action or recommend appropriate remedial action to the employer.
(4) Where a supervisor finds the worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the supervisor shall advise the worker to do that act.
(5) Where a worker has made a report under subsection (2) and the matter has not been resolved to the worker's satisfaction, the worker shall refer the matter to a committee or representative or, where there is no committee or representative, to an officer.
(6) On receipt of a referral under subsection (5), the committee, representative or officer shall promptly investigate the situation.
(7) Where a committee or representative finds that the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the committee or representative shall recommend appropriate remedial action to the employer.
(8) Where a committee or representative finds that the worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the committee or representative shall advise the worker to do that act.
(9) Where a matter has been referred to a committee or representative under subsection (5), and the matter is not resolved to the satisfaction of the worker, the worker may refer the matter to an officer.
(10) On receipt of a referral under subsection (5) or (9), an officer shall promptly investigate the situation and make the officer's findings known in writing, as soon as is practicable, to the employer, the worker and the committee or representative, if any, as to whether the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker.
(11) Where, on a referral under subsection (5) or (9), an officer finds that a worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the officer shall order remedial action to be taken by the employer.
(12) Where, on a referral under subsection (5) or (9), an officer finds that a worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the officer shall advise the worker to do that act.
(13) Pending an investigation under this section, the worker shall remain available at the workplace during the worker's normal working hours.