Put Your House in Order – Part IV – It’s Not You, It’s Your Systems

Within the last three years, significant changes have been made to the Occupational Health and Safety Act (the “OHS Act”) and the Occupational Health and Safety Code (the “OHS Code”). Earlier this year, Alberta issued an online survey regarding proposed updates to the OHS Code. With these changes and developments, organizations would be wise to revisit their systems for compliance.

Practically, what does this mean?

While employers are constantly adapting their practices to changing standards, environments, financial climates, and stresses of not only keeping their business afloat but also protecting their workers, sometimes updating policies and procedures to reflect the current climate falls by the wayside. An employer’s Health Safety and Environment Management System (“HSE System”) is crucial not only for good record keeping in the case of litigation, but even more so to establish that the employer took all reasonable steps to keep their workers safe.

One of the best tools an employer can have in their toolchest of mitigation, in the case of litigation or potential charges under Occupational Health and Safety, is ensuring their HSE System is not only robust, but current and workable.

Talk Wordy to Me

Lengthy or ‘wordy’ policies and procedures are not necessarily more effective. Policies need to be understood by the workers and supervisors who need to adhere to that policy. Policies need to highlight expectations and procedures. Policies do not need to be thousands of pages with complex language. Do you have a policy in place that hasn’t been reviewed or updated since 2021? This is a good opportunity to review your HSE System and ensure it aligns with the current OHS Act and OHS Code.

In 2023, David Myrol, K.C., ICD.D and Iain Bailey authored an article titled “A New Era of Criminal Law Enforcement for Workplace Safety in Canada - Part 1.” This article highlights not only the need to reach out to legal counsel when a serious workplace incident occurs, but also the importance of having HSE Systems in place that address expectations and training.

While not exhaustive by any means, the following are some questions to consider in reviewing your HSE System:

  • When was the system, as a whole, last reviewed?
  • How often are policies and procedures brought forward for review?
  • Who is involved in the review?
  • Are there checks and balances in place to ensure appropriate review verification?
  • Have competencies been considered?
  • Are there policies and procedures regarding hazard assessments? Job safety analysis?
  • Are manufacturers’ recommendations and/or standards considered and accessible? Are these incorporated or referenced in policies/procedures?
  • Are policies and procedures easily accessible to workers?
  • Have all workers reviewed all applicable policies recently and are these reviews verified?
  • Have training programs been updated?
  • Is a Joint Health and Safety Committee or a Health and Safety Representative required? If so, are the terms of reference in compliance with the OHS Act/OHS Code?

Updating your HSE System does not necessarily require a complete overhaul or adding in lengthy, but unnecessary, passages on procedures. Rather, the focus should be on targeted, succinct, and frequent updates that ensure an understanding and compliance with OHS legislation.