LO 6-7 Outline and describe the legal responsibilities of employees and employers relating to safe working practices

1. Legal Requirements for Workplace Safety

Legal Requirements for Workplace Safety

A starting point for examining workplace safety is legislated shop safety standards. All workplaces must operate to meet regulated and legislated standards designed to protect workers. Legislation may have different names and/or enforcing agencies, depending on the country of origin; however, the standards are similar in scope and purpose. In this section, legislation applicable to the United States and Canada is covered, but similar standards apply throughout the world.

1.1. Occupational Safety and Health Regulations

Occupational Safety and Health Regulations

In the United States, Canada, and most countries around the world, legislation is one of the major methods to protect workers from workplace injury or illness. In the United States, the responsible agency is the Occupational Safety and Health Administration (OSHA), an agency of the Department of Labor. In Canada, the equivalent agency is the Canadian Center for Occupational Safety and Health (CCOSH). In the U.S., OSHA regulations cover nearly all private sector workers and some public sector workers.

Public sector workers not covered under OSHA are directly covered under similar state or federal legislation. In Canada, there are 10 provinces and 3 territories, each with their own occupational safety and health standards. There are also differences in the legislation, depending on whether a worker is classified as a federal employee or a provincial employee. The CCOSH is an umbrella agency that brings all the varying regulations together for easy access. Even though there are differences between occupational safety and health regulations, they are very similar. Whether in the U.S. or Canada, the intent of the legislation is to protect the worker from harm.

It is not possible to list all the OSHA and/or CCOSH regulations here, but the purpose of regulations is to define the responsibilities of employers and workers for workplace safety. Some of the more important elements of occupational health and safety legislation include the following employer obligations:

• Provide a safe workplace free from serious and recognizable hazards and comply with standards, rules, and regulations issued under the Occupational and Safety Health (OSH) Act.
• Implement regular mandatory workplace inspections for safety hazards with the purpose of ensuring that the workplace meets minimum applicable safety standards.
• Establish a workplace health and safety committee.
• Provide safety training to inform workers of any known hazards in a language and vocabulary easily understood by workers.
• Prominently display the applicable legislation covering workplace safety.
• Post warning signs and labels to warn employees of potential hazards.
• Establish or update shop operating procedures and communicate them to enable employees to follow safety and health requirements.
• Provide workers with all the required PPE.
• Ensure that employees have and use safe tools and equipment and receive instruction on how to properly use and maintain them.
• Maintain accurate workplace injury or illness records and report serious injuries.
• Provide workplace environmental testing, such as air quality, when required by OSHA standards.
• Provide any medical testing required by OSHA standards.
• Post any OSHA citations and injury/illness records where they are accessible to employees.
• Develop programs to train employees on hazards, if hazardous chemicals are used in the workplace, and what precautions are necessary. Copies of safety data sheets must be easily available to employees.

Regulations that commonly outline employees’ rights and obligations for workplace safety are:

• Employees must comply with all legislated health and safety standards and with the employer’s health and safety rules.
• Employees must report any hazards immediately to their supervisor.
• Employees must report any job-related illness or injury to their supervisor.
• Employees have the right to refuse unsafe work that places an employee in an imminent danger situation, under certain conditions.
• Employees have the right to request a workplace inspection by a government inspector to examine workplace hazards or violations of safety standards.
• Employees have the right to participate in an inspection conducted by a government-appointed safety inspector and to discuss the results with the inspector.
• Employees have the right to receive training and information about hazards, harm reduction methods, and occupational safety standards related to the workplace.
• Employees have the right to receive copies of reports concerning work-related injuries in the workplace.
• Employees have the right to receive copies of any test results performed to measure hazards in the workplace.
• Employees have the right to receive copies of their medical records relating to workplace health surveillance.
• Employees have the right to file a complaint if they have been retaliated against by an employer relating to workplace safety complaints made to a government inspector.

Employee responsibilities under OSHA legislation:

• Wear mandatory PPE required for workplace hazards, such as a hard hat, gloves, clothing, boots, and safety glasses.
• Do not operate equipment in an unsafe way that endangers the worker or others.
• Inform the supervisor or employer about any device or equipment that is defective and could cause injuries.
• Abstain from horseplay and/or games in the workplace.

An employee can be held personally responsible if they do not fulfill their responsibilities.

1.2. Video: Filling out an Accident Report

1.3. Policies and Procedures in the Workplace

Policies and Procedures in the Workplace

Policies and procedures are company-written rules designed to direct how a shop safely functions and work tasks are carried out. While shop policies are not in themselves legal documents, workers who do not follow workplace policies or procedures can find themselves in legal trouble. For example, if an accident occurs and the worker responsible has not followed the shop policy, the worker can be liable for the damages and injuries. If the worker was following shop policy when the accident occurred, the responsibility will likely fall on the shop rather than on the worker.

Shop policies and procedures unique to each work environment are developed around legislation that governs the workplace health and safety regulations. Procedure is a step-by-step process to complete a task in a proper and safe manner, such as the steps required to properly dispose of waste oil or antifreeze. Shop policies and safety procedures should be explained to new workers during orientation before beginning any work. While it is the employer’s obligation to properly instruct workers, employees are obligated to refrain from operating tools or equipment or undertaking tasks unless they have the proper training or are familiar with how to safely perform the work and correctly use tools and equipment.

1.4. Posting of Safety Signage

Posting of Safety Signage

Shops install information signs in hazardous areas warning of potential danger. Information signs contain single words that indicate the severity of the potential danger. The three most common single words for signs are danger , warning , and caution . These mandatory signs have designated colors and symbols:

• Danger is spelled in white letters on a red background and usually has a black border. A danger sign indicates a hazard that can cause immediate, serious injury or death if not avoided.
• Warning signs indicate a hazard that has the potential of causing serious injury or death if not avoided. A warning sign normally has the word warning printed in black lettering on an orange or yellow background. The sign may have further wording in the same format or in black text on a white background.
• Caution signs indicate a hazard that could cause moderate injuries if not avoided. A caution sign usually has the word caution in black letters on a yellow background Figure 31.

FIGURE 06-31: A. Danger is usually in black with a white or red background. B. Warning is usually in black text with an orange background. C. Caution is usually in black text with a yellow background.

FIGURE 06-32: Service software contains many safety-related notifications and warnings to prevent injuries and damage to equipment.

1.5. Video: Identifying Hazards

1.6. Reducing the Risk of Hazards

Reducing the Risk of Hazards
When dealing with hazards in the workplace, it is important to follow these simple steps:

1. Remove the hazard, if possible. For example, an extension cord can cause a tripping hazard; remove it immediately.
2. When possible, isolate people from contact with the hazard. For example, a chassis or engine dynamometer to test rebuilt engines is noisy and a hearing hazard. Installing the dynamometer in a soundproof room protects the hearing of nonessential personnel.
3. Prevent the hazard from causing harm by taking steps or installing barriers to mitigate the danger. For example, a lubrication pit is a fall hazard. Safety cones, nets, and rope barriers around the hazard are physical barriers to prevent anyone from straying into the pit area.
4. Use appropriate PPE for anyone who could potentially be harmed by the hazard that exists. The following are some examples of this rule’s application when a worker is grinding on a truck frame preparing for a welding job: Wear protective clothing, including heavy leather gloves, safety glasses, and a full-face shield. There should be a shield set up to stop the flying particles from the grinding from traveling into nearby work areas.
5. Ensure that there is no chance that flying sparks could ignite any flammable material.
6. Verify that fire suppression equipment is close at hand. The worker should also inform anyone in the vicinity of the nature of the work being performed to enable them to take appropriate safety steps, such as wearing additional PPE or removing themselves from the hazardous area.

To identify workplace hazards, follow the steps in Skill Drill 6-2.

1.7. Video: Identifying Hazardous Environments

1.8. Video: Emergency Evacuation

1.9. SKILL DRILL 6-1  Identifying Hazardous Environments