Canadian Government Executive - Volume 25 - Issue 04

EMPLOYMENT 14 / Canadian Government Executive // October/November 2019 Table 1: Building blocks of OHS regulation Broadly lets people know what they are respon- sible for Promotes continu- ous improvement Well-defined OHS outcome Offers flexibility Supports innovation States exactly what is needed to comply Easy to know when compliance has been achieved Creates level playing field in competitive indus- tries where OHS corners might otherwise be cut Highly detailed and comprehen- sive Practical guidance Enables govern- ment to enforce the rules Not clear when compliance has been achieved No specific OHS outcome Does not provide guidance on how to comply No incentive to improve beyond meeting the rule Inflexible, discour- ages innovation Large volume of rules that can’t possibly address every workplace scenario No incentive to improve beyond meeting the rule Too lengthy to include full-text of standard in regulation Often needs to be purchased by end-user Not directly enforceable (although can be relevant to demonstrate due diligence with re- spect to meeting general duties) None When a broad “catch-all” respon- sibility is needed When there is a desire to promote continuous im- provement When a specific outcome is known, but flexibility in how to comply is needed When an OHS solution is well- known and uni- versally accepted across multiple industry sectors In highly-cost- competitive indus- tries with higher than average injury rates When details are too lengthy to in- clude in regulation When practical guidance and education for end- users is needed Can be used in combination with performance- based rules Always Statute/Act Statute/Act Regulation Regulation Referenced in regulation Government (reg- ulator) website or print materials Statute/Act Employer’s gener- al duty to protect the health, safety, and well-being of all workers Hazard assessment process; or Health & safety commit- tee process Occupational exposure limits for chemicals or noise Equipment guarding Design and selec- tion standards for personal protec- tive equipment such as hard hats or respirators Guideline for doing asbestos abatement work Guideline for establishing a re- spiratory protec- tive equipment program Powers of an OHS officer Penalties for non- compliance Rule category Advantage Disadvantage When to use Where to use Example 1. General duties 2. Process requirements 3. Performance- based (outcome) rules 4. Specification- based (prescriptive) rules 5. Third-party technical standards 6. Non-regula- tory guidance documents 7.General administrative items