Cost of compliance making your business unviable? The cost of non-compliance could be higher
In the first part of this interview published last month we shed some light on some of the reasons why a health and safety inspector from the Ministry of Labour might be at your door. We continue the interview with Neil Martin (NM), Health and Safety Inspector, Ministry of Labour.
TR: We've discussed proactive visits by an inspector. What might be some reasons for a reactive visit?
NM: We conduct reactive visits when we are called to the workplace because of an injury, complaint or work refusal.Specific situations could be:
– Injuries or fatalities
– Unplanned events not causing injury or bodily harm
– Disputes arising out of disagreement between workplace parties regarding assessment / control program
– Worker complaints
– Work refusals, work stoppage (bilateral or otherwise)
– Dismissal, discipline, suspension, threats, penalty against worker who has acted in compliance with the Act or regulations
– Follow up to an earlier visit
TR: How often do you find violations or non-compliance? What happens if you do find something?
NM: When something happens at a workplace and we are called in, we review the workplace for compliance with the Act and regulations. When a workplace has a robust health and safety system, they are able to provide us with the information we need to determine compliance. If after a review of all the facts and circumstances we find a contravention, a report is completed with recommendations that could involve prosecution.
TR: Is there a logical progression from compliance order to ticket to prosecution?
NM: We want workplace parties to comply with their duties. We want hazards in the workplace made safe for workers. An inspector has various tools they can use to gain compliance. Usually an order will be issued for compliance but prosecution in the form of a ticket or summons is also available to the inspector at all times..
TR: Some employers maintain that complying with some orders work out to be so expensive that it makes the business unviable. This is more so in the case of smaller businesses. Could we hear it from an inspector's perspective?
NM: We understand that compliance can be expensive in some cases. We want employers to be aware of their options for compliance by consulting with people that know and understand their work. Employers always has equivalency available to them and some of the most creative solutions have come from these situations. They can also refer to the applicable standards for the type of work they perform. Unfortunately, if workers are endangered, the inspector will not be influenced by cost.
TR: What kind of importance is attached to training and documentation?
NM: A workplace must assess what training is required for their workers and how often it must be re-offered. It is strongly suggested that records for training be kept at the workplace. When changes in the type of equipment or chemicals are made in the workplace, training should be revisited. The JHSC can help in assessing the need for training by bringing recommendations to the meetings and assessing whether standard operting procedures are being followed.
TR: Whose responsibility is it? The employer's or the JHSC?
NM: It's the employer's responsibility to train workers. The JHSC can help by making recommendations and suggestions.
TR: What steps should employers take when English is a second language for a large portion of their workers?
NM: Employers should make sure that workers have understood everything they have been trained on. The training should be in a language that the workers can understand.
TR: Would you recommend that important safety information like safe operating procedures be translated to benefit ESL workers?
NM: I wouldn't rule that out. It would go a long way in making workplaces safer.
TR: A health and safety manual is an important document in several workplaces with high staff attrition. What is you opinion of health and safety manuals?
NM: A health and safety manual is a good starting point but it cannot be the be all and end all. This is especially true in the case of firms where the manual is left on a shelf collecting dust. If you hav a manual put it to good use. Communicate its location and instruction on how to use it to all staff at regular intervals.:
(The REGIONAL thanks Neil Martin for his participation in this two-piece article)
That an occupational health clinic will monitor a worker's exposure to many chemicals.