10. health and safety policy

Health and Safety Policy

A09-H-13 (replaces A09-H-01)

Section 10

Approved 2019-06-19

Updated

10. Health and Safety PolicyDefinitions

Alcohol: Ethyl Alcohol, such as beer, wine, distilled spirits and any mixture

thereof.

Drugs: Any chemical substance capable of changing or adversely affecting

an employee’s physical and/or cognitive abilities listed in the Controlled

Drugs & Substances Act.

Disability: while there is not one single definition used across jurisdictions,

disability can be defined as: Any previous or existing mental or physical

disability and previous or existing dependence on alcohol or a drug.

EAP: Municipality’s Employee Assistance Program.

Fit for Duty: The ability (physical and mentally) to safely perform assigned

duties and responsibilities to an acceptable standard, free from the impairing

effects of the use of drugs and/or alcohol, and in a manner that does not

compromise or threaten the employee’s and/or other’s safety or health or

ability to provide customer service. For greater clarity, the requirement to

report fit for duty does not preclude an employee from reporting to work

while afflicted by a minor, transient illness or injury such as a headache, cold

or other minor illness or injury provided that the employee’s illness or injury

does not pose a reasonable, foreseeable threat of injury to the employee or

other person.

Fit to Work: A medical assessment has been completed when an employer

wishes to be sure an employee can safely complete a specific job or task.

The purpose is to determine if medically the employee can perform the job

or task under the working conditions. Typically, the employee will visit a

medical professional who will determine if the person is able to do a

particular job. The medical professional may consider physical or mental

abilities, sensory acuity, level of skill and functional limitations. The medical

professional will typically only report one of three conclusions back to the

employer: fit, unfit, or fit subject to work modifications.

Schedule I By-law 2019-064 of 13

Impairment: While not formally defined by the Ontario Human Rights

Commission, the appearance of impairment at work is described as “odor, of

alcohol or drugs, glassy or red eyes, unsteady gait, slurring, poor

coordination.”

Medication: A drug legally obtained over the counter.

Prescribed Medication: A drug legally obtained through a treating medical

practitioner’s prescription or authorization. This includes medical marijuana.

Substance: Drugs, alcohol (medications and prescribed medications).

Substance Abuse: When someone consumes alcohol or drugs regularly,

despite that it causes issues in their life. People who abuse drugs and alcohol

continue to consume them regardless of the consequences.

Substance Dependency: An addiction. There are many symptoms of

substance dependency, including developing a tolerance for the drug, going

through withdrawal symptoms without it, and struggling to cut back.

Substance dependency is classified as a disability.

Substance Use: When someone consumes alcohol or drugs. This does not

always lead to addiction; substance use comes with the risk that it might

lead to addiction.

Workplace/Worksite: The office, municipal buildings, lunchrooms,

washrooms, work-sites, vehicles and any other location where the business

of the municipality is being conducted. Includes not only physical locations,

but also any other location associated with the work of the Municipality, such

as municipal social gatherings, conferences, training sessions, business

travel or customer calls. Places and occasions where people are gathered

together for work purposes are all considered to be worksites.

Related Forms available from Human Resources:

a) Fit for Duty Incident Form

b) Fit for Work Assessment

c) Return to Work Form

10.1 Principles

The Municipality strives to create and maintain a safe workplace to minimize

and/or prevent injuries and illnesses. Consistent and continuous efforts by

all employees shall be directed to preventing workplace accidents and

maintaining the workplace and equipment in a safe condition.


At all times, the Municipality and its employees are required to observe and

comply with the requirements of the Ontario Occupational Health and Safety

Act (OHSA) and Workplace Safety and Insurance Act (WSIA).

Health and safety practices concentrate on:

a) Awareness of health and safety and of everyone’s responsibility to be

diligent in accident and illness prevention.

b) Correct use of equipment and materials, proper job instruction,

periodic review of health and safety procedures and inventory of

health and safety risks in the workplace.

c) Proper management of health and safety as part of good corporate

management.

10.2 Joint Health and Safety Committee

The Municipality maintains an active Joint Health & Safety Committee

(JHSC). The Committee consists of management and staff representation.

The Committee meets quarterly to review the outcomes of the monthly

inspections and any accident investigations. The Committee also review

“industry” changes and identify risk situations. The minutes of the

Committee meetings are forwarded to the CAO for risk assessment and in

turn they are forwarded to the appropriate Senior Management for review

and action if necessary.

The Municipality will select two (2) members to represent management

interest on the JHSC, one with experience in office operations and one with

outside field experience. At least one (1) management representative and

one (1) employee representative must achieve certification in accordance

with the provisions of OHSA and WSIA.

The role of the JHSC is to:

• Act as an advisory body.

• Identify hazards and obtain information about them.

• Recommend corrective actions.

• Assist in resolving work refusal cases.

• Participate in accident investigations and workplace inspections.

• Make recommendations to management regarding actions required to

resolve health and safety concerns.

Responsibilities for Health and Safety

The Municipality

The Municipality must:


a) Establish and maintain a joint health and safety committee.

b) Take every reasonable precaution to ensure the workplace is safe.

c) Train employees about any potential hazards and in how to safely use,

handle, store and dispose of hazardous substances and how to handle

emergencies.

d) Supply personal protective equipment and ensure employees know

how to use and handle the equipment safely and properly.

e) Immediately report all critical injuries to the government department

responsible for OH&S.

f) Appoint a competent supervisor who sets the standards for

performance, and who ensures safe working conditions are always

observed.

Senior Management and Management Staff

Senior Management and Management Staff must:

a) Make sure employees work in compliance with OH&S acts and

regulations.

b) Make sure that employees use prescribed protective equipment

devices.

c) Advise employees of potential and actual hazards.

d) Provide employees with written instructions as to the measures and

procedures to be taken for protection of the employee.

e) Take every reasonable precaution in the circumstances for the

protection of employees.

Senior Management and Management Staff act on behalf of the employer,

and therefore have the responsibility to meet the duties of the employer as

specified in the Act for the work they direct.

Employee Responsibilities

Employee responsibilities include the following:

a) Work in compliance with OHSA and regulations.

b) Use personal protective equipment and clothing as directed by the

employer.

c) Report workplace hazards and dangers to the supervisor or employer.

d) Work in a safe manner as required by the employer and use the

prescribed safety equipment.

e) Tell the supervisor or employer about any missing or defective

equipment or protective device that may be dangerous.

Employee Rights


Employees have the following three basic rights:

Right to refuse unsafe work.

Right to participate in the workplace health and safety activities through the

Joint Health and Safety Committee (JHSC) or as a worker health and safety

representative.

Right to know, or the right to be informed about, actual and potential

dangers in the workplace.

10.3 Injuries and Illness on the Job

When an employee is injured or suddenly becomes ill while on duty, the

incident must be reported to the supervisor as soon as possible. A Municipal

Health and Safety incident report must be filed. A copy shall be forwarded to

Human Resources and to the Health and Safety Committee. In addition, full

details will be provided so that the mandatory accident report is filed with

the Workplace Safety and Insurance Board or, when required, with the

Ministry of Labour. So that corrective measures are taken to avoid repetition

of the occurrence, all incidents must be reported, even if there are no

serious injuries or lost work time.

10.4 Personal Protective Equipment

It is the policy of the Municipality that all employees and visitors wear proper

personal protective equipment, as necessary, for their protection in

accordance with prescribed health and safety standards.

Employees are responsible for wearing and maintaining any personal

protective equipment that is required in their areas of work.

Supervisors/Employees are responsible for:

a) Ensuring employees wear required personal protective equipment and

that such equipment is available, cleaned, maintained and properly

stored.

b) Ensuring protective equipment is returned when employees transfer or

terminate from their areas.

c) Disciplining employees where an employee fails or refuses to wear

personal protective equipment.

Personal protective equipment means safety approved equipment that meets

or exceeds the requirements of the OHSA and Regulations.


10.5 Return to Work

The Municipality believes that the successful recovery of employees depends

on early intervention and assistance with the rehabilitation and return to

work process.

An employee who sustains a work-related injury or illness is entitled to be

re-employed by the Municipality in accordance with the Workplace Safety

and Insurance Act, 1997.

a) Upon receipt of a completed Fit for Duty Assessment Form from an

injured employee or their healthcare provider, the Municipality will

access whether the employee is able to perform the essential duties of

their job, or whether suitable alternate work is available for the

employee. The Municipality will then develop a Return to Work Plan

(RTWP) to outline the employee’s duties upon returning to work

through to their full duties. The RTWP will address the following:

i. The employee’s abilities to perform the essential duties of their

pre-injury job and whether any accommodation or modified

duties may be necessary,

ii. Whether suitable alternate work is available for the employee,

iii. Whether other employment is available for the employee.

b) If the employee can perform the essential duties of their job, the

employee will be reinstated into that job or offered another position

which is comparable in nature and earnings.

c) If the employee is unable to perform the essential duties of their

previous job, they will be offered suitable alternate work, if it is

available, at the employee’s regular wage rate.

Responsibilities – Supervisors

Supervisors are responsible for:

a) Completing a WSIB Form 7 and forwarding to Human Resources

immediately;

b) Maintaining communication with an injured or ill employee after an

injury or illness through the period of the employee’s recovery;

Responsibilities – Human Resources

a) Forwarding the completed WSIB Form 7 to the WSIB within 3 days of

the incident;

b) Communicating with the employee to ensure that the Fit for Duty

Assessment Form is completed by the employee and their healthcare

provider and provided to the Municipality as soon as possible after the

injury or illness occurs;


c) Using the Fit for Duty Assessment Form to assess:

i. Whether the employee can perform the essential duties of their

regular job without modification,

ii. Whether suitable alternate work is available, or

iii. Whether other employment is available within the Municipality.

d) Drafting a Return to Work Plan for the employee, if necessary;

e) Preparing and submitting any documents necessary to facilitate the

employee’s return to work, and

f) Notifying the CAO and Senior Manager of any dispute with the

employee regarding the employee’s return to work which cannot be

resolved.

Responsibilities – Employees

Employees are responsible for:

a) Contacting their immediate supervisor as soon as possible after

suffering an injury or illness, as well as maintaining communication

through the period of their recovery;

b) Ensuring that a Fit for Duty Assessment Form is completed and

submitted to their supervisor as soon as possible following injury or

illness;

c) Working with their supervisor to review and/or modify the Return to

Work Plan;

d) Following the Return to Work Plan as set out and to keep their

supervisor informed of any changes in their rehabilitation or condition

that may affect their return to work.

10.6 Working Alone

Working alone is prohibited where prescribed by regulation or by a Municipal

policy, program or procedure.

CAO and Senior Management are responsible for developing working alone

safety plans and/or procedures to safeguard those employees working alone.

Supervisors shall:

a) be made aware of and approve all working alone situations;

b) work with employees to identify and assess risks in working alone

situations;

c) put appropriate measures in place to mitigate, minimize or control risks

identified with working alone situations, and

d) provide employees with appropriate training and instruction on the

requirements for working alone.


Working alone safety plans and/or procedures shall be reviewed by the joint

health and safety committee.

10.7 Scented Products in the Workplace

The Municipality supports a fragrance-free environment.

All employees are encouraged to refrain from using, wearing, and bringing

scented products and materials into the Municipality’s properties and

buildings.

10.8 Workplace Hazardous Materials Information (WHMIS)

All employees will receive training on WHMIS as part of their orientation

process.

An employee who works with or is likely to be exposed to a hazardous

product shall be informed about all hazard information the Municipality

receives from the supplier concerning the hazardous product and all hazard

information of which the Municipality is aware concerning the use, storage,

handling and disposal of the hazardous product.

Employees who order or purchase a hazardous product must request a

current Safety Data Sheet from the supplier.

10.9 Substance Use

Impairment can adversely impact the health, safety, performance and

conduct of employees on the job, and impose hardships on employees,

colleagues, families and residents.

The Municipality is focused on supporting employees by:

• fostering a safe and healthy workplace, free from the negative impact

of substance use;

• protecting employees and others from unnecessary risks of harm;

• respecting employees’ dignity, self-worth and privacy;

• ensuring they utilize the services of qualified professionals to properly

assess the situation;

• ensuring they are receiving appropriate treatments, when warranted;

• allowing the use of benefits provided by the Municipality while seeking

treatments;

• providing support for workplace accommodation if required.

Impairment in the workplace is unacceptable. Employees are expected to

report to work fit for duty.


Without limitation, it is strictly prohibited to be on-duty while impaired by

drugs or alcohol including the after-affects of the use of alcohol or drugs.

10.9.1 Responsibility

The Municipality shall have the overall responsibility to:

a) Identify hazardous practices and conditions and make the necessary

changes to correct these conditions;

b) Communicate this requirement to all employees, including providing

education and training to employees and supervisors on identifying

impaired behaviour and what steps will be taken;

c) Provide employees with information to enable them to work safely;

d) Ensure that policies are followed by all employees;

e) Address employee questions and concerns;

f) Observe and monitor employees for signs of impairment; and if

impairment is suspected, identify any source with the employee

privately, and take appropriate action if the employee’s work

performance has deteriorated to an unacceptable level, or their actions

or physical condition could jeopardize their safety or that of others and

the immediate environment;

g) Provide a comprehensive Return to Work/Remain at Work Plan for

those requiring accommodations due to a substance abuse and/or

dependency, or who may use a substance to treat a disability;

h) Undertake the hierarchy of disciplinary action.

Supervisors shall be responsible to:

a) Acquaint workers with this section of the Policy and ensure the

necessary training is provided;

b) Ensure that the procedures within this section of the Policy are

followed by employees;

c) Address direct report employee’s questions and concerns;

d) Observe and monitor direct report employees for signs of impairment;

and if impairment is suspected, identify any source with the employee

privately, and take appropriate action if the employee’s work

performance has deteriorated to an unacceptable level, or their actions

or physical condition could jeopardize their safety or that of others and

the immediate environment;

e) Assess an employee reporting for work to determine whether the

employee can safely perform his or her regular duties, and if not, take

the appropriate action including sending the employee home (with the

appropriate transportation precautions);


f) Assess any employee who may potentially not be fit for duty by using

the Fit for Duty Incident Report Form;

g) Prohibit any employee from performing any duties if not fit for duty;

h) Receive and investigate any concerns from employees or others

suspecting an employee to be impaired, and take appropriate action to

safeguard the safety of the employee, co-workers and the public;

i) Notify Human Resources for assistance/information/direction regarding

an employee suspected of substance use or dependency who cannot

perform the essential duties of their employment;

j) Coordinate with Human Resources, any appropriate disciplinary action.

Employees shall be responsible to:

a) Work in a manner required by the Occupational Health and Safety Act

and Regulations, Human Rights Commission and any other applicable

rules, regulation and legislation;

b) Report to work and remain throughout their scheduled work, fit for

duty and be able to perform assigned duties safely and acceptably

without any limitations due to the use or after effects of alcohol, illicit

or recreational drugs, non-prescription drugs, prescribed medications,

or any other substance that may impair judgement or performance;

c) If contacted to report to work for an emergency or other unscheduled

reason, refuse the assignment if they have reason to believe they

could not report fit for duty;

d) If on-call for work, abstain from consuming any substance that could

impair their ability to report to work fit for duty;

e) Immediately advise their Supervisor or Manager that they are not fit

for duty, and not assume or otherwise carry out their duties and

responsibilities;

f) Not use, consume, possess, distribute, sell or transfer:

i. Alcohol: while on duty unless the sale thereof is an express

requirement of their duties and responsibilities;

ii. Drugs: while on duty (including breaks, on or off the

Municipality’s property) or on the Municipality’s property

including the Municipality’s owned, leased, and rented premises

or in/out municipal vehicles/equipment;

g) If taking medications and/or prescribed medications use

medications/prescribed medications as directed. Possession of

prescribed medication in the workplace (including corporate vehicles)

without a legally obtained prescription/authorization is prohibited;

h) Consumption of medical cannabis, including the time and place of

consumption, during the employee’s shift, including on breaks, must


first be the subject of an express, prior written accommodation plan

with the Municipality;

i) Investigate with their treating medical practitioner or pharmacist, the

effects of their medications/prescription medications on their ability to

report fit for duty. If the employee’s medications/prescription

medications may reasonably adversely impair the employee’s ability to

report fit for duty, immediately report any risk, prior to assuming

work, to his or her Manager/Supervisor so that the appropriate

precautions (including time and place for consumption, if consumption

is required during the employees shift, including breaks) may be

taken. The Municipality, with the employee’s prior consent and

authorization, may ask the employee’s medical professional and/or

pharmacist to provide additional information on the impacts of the

medications and/or prescribed medications on the employee’s ability to

safely perform his or her work or cause the employee to request from

their medical practitioner such information and provide it to the

Municipality;

j) Report to their Supervisor/Manager any employee suspected of not

being fit for duty while carrying out their duties and responsibilities for

the Municipality. In addition, employees should encourage those

individuals to report their condition to the Supervisor/Manager.

10.9.2 Accommodations for Employees

a) The primary purpose of the Policy is the prevention of health and

safety incidents, and the provision of assistance and accommodation

when required, to employees suffering from a disability including

substance abuse or dependency;

b) The Municipality recognizes that employees may acquire a disability

from time to time preventing them from reporting to work fit for duty

as this Policy requires;

c) The Municipality is open and prepared to assist such employees;

d) Employees who have a disability, including substance abuse or

dependency, which would render the employee not capable of

reporting to work fit for duty or otherwise cause the employee to

violate this Policy, are required to:

i. Before job safety is compromised and before violating any term

of this Policy, communicate the substance use in confidence to

the manager or supervisor;

ii. Inform the manager or supervisor of the used products’ effects

on the employee’s ability to safely perform his or her duties and

responsibilities to an acceptable performance standard;


iii. Cooperate with the Municipality in the accommodation process.

e) At all times, employees with a disability, including substance use or

dependency, have access to the Municipality’s EAP for personal and

confidential assistance;

f) The Municipality is prepared to provide an employee with a disability

reasonable work accommodation. Accommodations will be considered

on a case by case basis, taking in to account the employee’s functional

abilities, the costs of the accommodation, reasonable health and safety

considerations and any other relevant factors. Accommodations may

take various forms, including but not limited to:

i. modifications to tasks or work;

ii. modified hours for performance requirements as per medical Fit

for Work assessments and/or Functional Abilities Forms;

iii. adjustment in hours to accommodate treatment and/or

appointments;

iv. modifications of the work environment (e.g. assistive devices,

location);

v. possible re-assignment of duties;

vi. leave of absences.

g) An employee who requires accommodation to perform the essential

duties of a job, has a responsibility to communicate the need, in

confidence, to the manager or supervisor in sufficient detail, and to

cooperate in consultations to enable the person responsible for

accommodation to respond to that request;

h) In order to properly accommodate an employee, the Municipality

requires sufficient information from a medical professional called a Fit

to Work assessment;

i) The accommodation plan will include, but is not limited to;

i. Roles, responsibilities and expectations regarding conduct and

behaviour;

ii. Identify accommodation components based on the employee’s

medical information;

iii. Designate a go-to person that an employee can go to with

concerns or questions about accommodation plans;

iv. Determine what changes in the employee’s behaviour or

performance that will be deemed significant and when there

would be a need for updated medical information;

v. The accommodation agreement shall be signed by all parties.

j) An employee who seeks workplace accommodation from the

Municipality on account of a disability, including substance abuse or

dependency, prior to any job safety incident or performance issues


arising and/or violation of this Policy, will not be subject to discipline or

any other adverse employment consequences.

Violation

Violations of this Policy may result in corrective action up to and including

dismissal.

Contacts

a) All employees have access to fully confidential assistance at any time,

24-hours a day, through the EAP;

b) Any questions or advice regarding the intent of this policy can be

directed to Human Resources;

c) Employees may wish to consult with the Ontario Human Rights

Commission on their legal rights and entitlements.


10. health and safety policy

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