Small Business
Health and Safety Guide

MFL Occupational Health Centre, Inc.
102 - 275 Broadway
Winnipeg, Manitoba R3C 4M6

Phone: 949-0811 Fax: 956-0848
Toll Free: 1-888-943-1229
Email: mflohc@mflohc.mb.ca

1999

Table of Contents

Part I Health and Safety Legislation in Manitoba

Employer and Employee Responsibilities in Manitoba

Employer Duties
Employee Duties
Employee Rights

Part II A Workplace Health and Safety Program

Setting Up a Workplace Health and Safety Program

Step 1. Develop a company health and safety policy
Step 2. Establish joint health and safety committees

Committee members
Committee responsibilities
Workplace health and safety representatives

Step 3. Provide training and education
Step 4. Identify, assess, and control hazards
Step 5. Conduct regular workplace health and safety inspections
Step 6. Develop safe work procedures
Step 7. Develop an emergency response plan
Step 8. Investigate accidents and incidents
Step 9. Keep accident, incident, and injury records on file
Step 10. Monitor and evaluate your health and safety program

Part III Occupational Health and Safety Checklist

Part IV Occupational Health and Safety Resources

References

Appendices

Workplace Health and Safety Rights for Manitoba Workers
Inspecting Your Workplace

Introduction

Each year in Manitoba

50,000 Manitoba workers are injured on the job or develop an occupational illness
25 workers on the average die due to a workplace accident or work related illness

Approximately 28% of these injuries and illnesses occur in small businesses.

Workplace injuries and illnesses can be very difficult for everyone involved. For the injured worker and his/her family a workplace injury or disease can be financially and emotionally devastating. The human suffering involved in the loss of income, physical rehabilitation, and job retraining, are great. For the employer there are also many costs. These costs include

machine downtime
retraining
damaged property or equipment
lost productivity
poor morale
absenteeism
increased workers compensation assessments

Fortunately, work-related injuries and illnesses can be prevented. One of the best ways to prevent injuries and illnesses in your workplace is to establish a health and safety program that meets the needs of your particular business operation.

Your employees are one of your most valuable resources. An effective health and safety program is an essential part of good management and a priority to incorporate into your business plan.

Surveys show that small business owners frequently do not have easy access to occupational health and safety information and services or the resources necessary to deal with their health and safety concerns.

This Small Business Health and Safety Guide is a self-help tool that

provides the information necessary for you to assess the current health and safety status in your business operation
helps you begin to establish a health and safety program
provides contact organizations and government departments that can help you with your health and safety concerns.

The Guide is divided into four parts

Part I provides information on the legal workplace health and safety responsibilities of employers and employees in Manitoba.

Part II outlines the basic elements of a health and safety program and provides tips on how to get started.

Part III provides a sample inspection checklist that you can use to identify the health and safety needs in your workplace.

Part IV lists a variety of organizations and government departments that are available to help you with your health and safety concerns.

The staff at MFL Occupational Health Centre invites you to use their resources to address your health and safety needs. The Centre's services are available free of charge and are provided throughout the province of Manitoba.

Part I

Health and Safety Legislation in Manitoba

Before you begin to develop your health and safety program, it is important that you are familiar with the health and safety laws and regulations that govern your business. In Manitoba the Workplace Safety and Health Act and the Canada Labour Code set out health and safety laws and regulations. Most workplaces are under provincial authority and covered by the Workplace Safety and Health Act and a series of Regulations. The Act and Regulations are administered and enforced by the Manitoba Department of Labour.

Some workplaces come under the jurisdiction of the Federal Government and are covered by Part II of the Canada Labour Code. The federal public service, federal crown corporations, grain industries, and the banking, transportation, and communications sectors are under federal authority. The Canada Labour Code is administered and enforced by Human Resources Development Canada. For information on the Canada Labour Code and regulations, contact Human Resources Development Canada (see Occupational Health and Safety Resources on page 17).

Federal and provincial health and safety regulations are similar in many ways; however, there are certain differences that require close attention. It is important that you know which authority, provincial or federal, governs your business and have copies of the appropriate legislation in your workplace. Contact the Workplace Safety and Health Branch of Manitoba Labour for copies of the Act (see Occupational Health and Safety Resources on page 17 for the phone number and address).

Employer and Employee Responsibilities in Manitoba

Employer Duties

In Manitoba all workplaces regardless of size are covered by occupational health and safety legislation. Sections 4(1), 4(2), and 5 of The Workplace Safety and Health Act lay out the general responsibilities of the employer and the employees. According to the Act employers are generally required to ensure the safety, health and welfare of all their workers. More specifically the Act requires employers to:

Provide and maintain a workplace, necessary equipment, systems and tools
Provide all their workers with the information and training necessary to work in a safe way and without risk to their health
Provide all their workers with the information regarding any safety or health hazards they may encounter at work
Ensure that their workers are familiar with the use of all protective devices or equipment needed to do their job
Operate their businesses in such a way that their workers are not exposed to risks to their safety or health
Consult and cooperate with the workplace safety and health committees and worker health and safety representatives

Employee Duties

Workers also have health and safety responsibilities in the workplace. Section 5 of the Workplace Health and Safety Act lays out the responsibilities of employees. Generally, employees are required to take care to protect their safety and health and the safety and health of other persons who may be affected by their actions at work. More specifically the Act requires workers to:

Use all devices and wear all articles of clothing and personal protective equipment designated and provided for their protection by their employer, or required to be used and worn by them by the regulations
Consult and cooperate with the workplace safety and health committees and the worker safety and health representative

Employee Rights

Workers in Manitoba have three basic health and safety rights that enable them to exercise their responsibility to work in a safe and healthy way. These rights are:

the right to know
the right to participate
the right to refuse

The MFL Occupational Health Centre fact sheet entitled Workers Basic Health and Safety Rights in Manitoba describes the meaning of these rights in detail. The fact sheet is found in the Appendices. For workplaces that are under the jurisdiction of the Federal Government as described on page 3, contact Human Resources Development Canada for information on the health and safety rights of workers provided by the Canada Labour Code.

Part II

A Workplace Health and Safety Program

Implementing a workplace health and safety program is a structured and effective way of acting on the responsibilities that are required of you as an employer by the Workplace Safety and Health Act.

The nature of your operation, where you are located, and the number of workers employed by your business will determine what kind of workplace health and safety program will work best for you. A comprehensive workplace health and safety program for small business includes the following basic elements:

1. Develop a company health and safety policy

2. Establish a workplace health and safety committee

3. Provide training and education

4. Identify, assess and control hazards

5. Conduct regular workplace health and safety inspections

6. Develop safe work procedures

7. Develop an emergency response plan

8. Investigate accidents and incidents

9. Keep accident, incident and injury records on file

10. Monitor and evaluate your health and safety program

Developing a program that uses each of these elements will help to prevent accidents and possible injuries and illnesses in your workplace. If you already have a program in place, use the guide to review the program and determine whether there is anything you should add.

Setting Up a Workplace Health and Safety Program

Step 1. Develop a company health and safety policy

Establishing a health and safety policy is the first step in developing a health and safety program. A health and safety policy is a company's written statement outlining its commitment to protect the health and safety of its employees at work. It is important that the policy outlines objectives that can be measured and states how you will implement the policy.

Some examples of objectives for a health and safety policy are to

ensure legal requirements are met
communicate program roles and responsibilities to management and
workers
identify, assess, control and monitor workplace hazards
train workers and management about workplace health and safety hazards

Getting Started

Develop a health and safety policy for your company
Commit the resources necessary to implement the health and safety policy
Give every worker a copy of the policy
Post the policy
Hold a meeting with your employees to communicate the policy and discuss your objectives for the upcoming year
Communicate clearly what health and safety responsibilities you have assigned to supervisors and employees in your company and make sure everyone understands them
Make sure that management and supervisors follow all the safety requirements that employees must follow

Step 2. Establish joint health and safety committees

Section 40 of the Manitoba Workplace Health and Safety Act and the Workplace Safety and Health Committee Regulation outline the requirements for joint health and safety committees and health and safety representatives.

In Manitoba workplaces are required to have joint health and safety committees if they regularly employ 20 or more employees. Smaller workplaces are required to have a worker health and safety representative if they regularly employ between 10 and 19 employees.

Joint health and safety committees can play an important role in implementing and monitoring a health and safety program. You may, therefore, choose to have a joint health and safety committee in your workplace even if you are not required by law to do so.

Construction Workplaces

The law concerning health and safety committees is different for construction workplaces. All construction sites regardless of size must have a designated worker health and safety representative. It is only necessary to establish a health and safety committee for major construction projects.

Committee members

Joint health and safety committees must consist of at least four and usually not more than twelve members. At least one-half of the committee members must be worker representatives that are not involved in the management of the workplace.

If your workplace is not unionized, the worker health and safety committee members must be elected by the workers they represent. If your workplace is unionized, the worker health and safety committee members must be appointed in agreement with the constitution of the union. Elections for committee members should be held once a year.

The joint health and safety committee is required to have two co-chairs, one selected from the worker members and one selected from the management members. The co-chairs alternate turns chairing the meetings and together they make decisions concerning the committee.

Committee responsibilities

Health and safety committees have certain responsibilities that they must abide by. At a minimum they must

Meet at least four times a year
Post the committee minutes and send a copy to Manitoba Labour Workplace Safety and Health Division
Identify hazards and make recommendations to the employer for the improvement of the health and safety of workers
Inspect the workplace before regular health and safety committee meetings investigate accidents and deaths and report the findings to the committee
Assist in the investigation of a work refusal
Accompany the inspector during a workplace inspection

Meetings must be held on work time and without loss of pay. Employers are required to cooperate with their workplace health and safety committees and the performance of the duties. Keep a record of each meeting, including what's been discussed and who attended.

Workplace health and safety representatives

Smaller workplaces that regularly employ between 10-19 employees are required to have a worker health and safety representative. The worker representative is elected by the workers he or she represents and has the same rights and responsibilities as the members of the health and safety committee.

Getting Started

Determine whether your workplace requires a health and safety committee or a health and safety representative.
Establish a workplace health and safety committee or elect the health and safety representative.
Assign clearly defined responsibilities and tasks to the committee or the representative.
Provide adequate resources for the committee to carry out its necessary duties - meeting place, secretarial resources, access to information.
Provide adequate training which meets the needs of the committee members.

Step 3. Provide training and education

Training employees, supervisors and managers about the health and safety issues involved in their work is an important aspect of preventing work-related injuries and illnesses. As a business owner you must make sure that all your employees know about the materials and equipment that they work with, what known hazards are in the workplace, and how you are controlling the hazards. (See Section 4 (2)(b) of the Manitoba Workplace Safety and Health Act).

To do their work safely, workers and supervisors in most workplaces require basic health and safety training in:

Workplace Hazardous Materials Information System (WHMIS)
Health and safety rights and responsibilities
Emergency response procedures
Specific hazards in your workplace

It is very important that workers are trained in health and safety when they are first beginning a job. Workers must be informed of the hazards in their workplace and be taught how to do their jobs in a safe way. Refresher training should also be provided on a regular basis. That is how accidents and injuries are best prevented.

Step 4. Identify, assess, and control hazards

As an employer, it is your responsibility to know what hazards or potential hazards are present in your workplace that could hurt your workers. Most workplace injuries and illnesses can be prevented if workplace hazards are eliminated.

There are three basic steps to deal will health and safety hazards. Hazards must be

Identified
Assessed
Controlled

Identifying hazards means finding the substances, agents and situations in your workplace which do or could cause injury or health problems. The best way to identify hazards is by inspecting your workplace.

Assess all identified hazards to determine whether workers are being exposed to the hazards you have identified and if the exposure is harmful. If you determine that exposure to the hazard is a risk to your workers' health, the hazard must be controlled.

Control means eliminating the hazard or reducing it to levels that do not present a risk to workers' health. The best way to control hazards is to eliminate them; however, when they cannot be eliminated, they must be controlled. Some ways you can eliminate or control hazards are:

Substitute a less toxic material in a work process
Change your work design
Change work procedures
Allow only trained and experienced workers to perform tasks
Make sure workers wear their personal protective equipment

Step 5. Conduct regular workplace health and safety inspections

The best way to identify hazards in your workplace is to conduct regular workplace health and safety inspections. It is important to involve your employees or health and safety committee members in this process. Their familiarity with the work and the workplace enables them to point out areas of concern and offer valuable suggestions to correct the problems. During your inspection look for hazards that already exist and for potential hazards. The fact sheet, Inspecting Your Workplace, found in the Appendices of this guide, explains the importance of inspections and walks you through the inspection process.

Step 6. Develop safe work procedures

It is important to provide written safe work procedures for any hazardous tasks performed in your business. Safe work procedures outline how the work can be done in a safe way. They are needed when a potential hazard is present. For example you may need safe work procedures for maintenance, using special equipment, dealing with burglars, or working alone.

Step 7. Develop an emergency response plan

Planning and preparing in advance for emergencies is important. Prepare a list of possible emergencies and establish a set of procedures to respond to the emergency.

Next, review your plan with outside organizations such as the police, ambulance and local hospital. Some emergency planning such as first aid and fire evacuation is required by regulations in some industries and business operations. Check the regulations for your industry to see what you are required to do. Also, remember to communicate your emergency plan to your workers and ensure that they are trained in the necessary procedures. Mock emergencies are an excellent way to practice and improve emergency response plans.

Step 8. Investigate accidents and incidents

Any accidents causing injury or incidents that had the potential to cause injury must not be ignored. An accident is not an act of fate or bad luck. Rather, accidents represent failures in the system of work. Therefore, it is important that you thoroughly investigate all accidents and incidents. This will allow you to identify what went wrong, why it went wrong, and what needs to be corrected to prevent future accidents. Accident investigation involves:

Finding out the facts
Analyzing the facts
Determining how to correct the problem

Owners and employers in Manitoba are required to immediately report accidents that resulted in death or the risk of death. The accident must be reported the Workplace Safety and Health Branch. Also, you must report work-related injuries that do not result in death to the Workers Compensation Board. For information on specifics of what you are required to report contact the Workplace Safety and Health Branch and the Workers Compensation Board. The phone numbers are listed on page 18 , Occupational Health and Safety Resources.

Step 9. Keep accident, incident, and injury records on file

It is important that you document all the accidents, incidents, and injuries that occur in your workplace and review these records on a regular basis. An examination of the records will allow you to identify hazards in your workplace. It will point out whether the same types of incidents are recurring and will give you a better idea of what needs attention.

Step 10. Monitor and evaluate your health and safety program

While the first step in developing a health and safety program is establishing a health and safety policy, it is equally important to monitor and evaluate your health and safety program on an ongoing basis. This will allow you to see whether the program is effective and what needs to be changed to make it more effective. Having a health and safety policy is what will get your health and safety program going. Monitoring and evaluating your program will help you keep the program going.

Part lll

Occupational Health and Safety Checklist

This checklist guides you through the most common areas in your workplace to inspect. It will give you an idea of what areas need attention. This is just a sample checklist. Some sections of the checklist may pertain to your workplace. Others may not. You may have areas that are not covered by this checklist. It is important to design a checklist that fits your particular kind of workplace. For example, there are checklists that are specific to manufacturing, offices, and health care settings. These resources are available in the MFL Occupational Health Centre library. The Centre's staff can assist you to develop an inspection checklist that specifically addresses the work areas and issues in your workplace.

If you answer "no" to any of the following questions, take action to correct the problem in your program.

Company Name ______________________________________________
Date of Inspection_____________________________________________
Conducted by ________________________________________________

General Housekeeping	Y	N	Action Required
Is the work area clean and orderly?
Are containers provided for waste?
Are paper and waste disposed of regularly?
Are oil spills or other slipping hazards cleaned up immediately?
Are covered metal waste cans used for oily and paint soaked waste?
Are spray paint booths, dip tanks, etc. and their exhaust ducts cleaned regularly?
Is clean up assigned to specific workers on a regular basis?
Do your toilet facilities meet the requirements of applicable sanitary codes?
Storage	Y	N	Action Required
Do you provide convenient storage areas for tools, materials, parts and products?
Are trolleys or dollies available to move heavy items to and from storage areas?
Floors and walkways	Y	N	Action Required
Are aisles, passageways, and stairwells kept clear of obstructions?
Are stand mats, platforms, or similar protection provided to protect employees from slipping on wet floors?
Entrances and Exits	Y	N	Action Required
Are entrances and exits visible and unobstructed?
Are all exits marked with a visible sign that is properly illuminated?
Are emergency exits clear of materials or equipment?
Does emergency lighting work?
Are emergency exits planned and practiced?
Environment	Y	N	Action Required
a. Lighting
Are all areas of your business operation adequately lighted?
Are work areas free of glare or excessive lighting contrast?
Are windows covered with blinds or drapes to control light?
Is task lighting provided in areas of low light or high glare?
b. Air quality
Is air quality good?
Is smoking prohibited in the workplace?
Is the ventilation system cleaned regularly?
Are workers protected from cool drafts and excessive heat?
Electrical	Y	N	Action Required
Is your electrical system checked regularly by a qualified tradesperson?
Are electrical cords in good repair?
Are electrical cords secured?
Are proper plugs used?
Are plugs, sockets, and switches in good condition?
Are workers protected from cool drafts and excessive heat?
Parking	Y	N	Action Required
Are parking spots and walkways appropriately lighted?
Are parking spots and walkways safe?
Are workers encouraged to use a buddy or escort system?
Equipment, Tools and Machines	Y	N	Action Required
Are machines or operations properly guarded?
Are mechanical power transmission belts or chains and pinch points guarded?
Are start/stop switches clearly marked and in easy reach?
Are operators properly trained?
Are equipment and power tools regularly maintained and inspected for safe conditions?
Are small hand tools regularly maintained and inspected?
Are noise levels controlled?
Are fumes and exhaust controlled?
Hazardous Substances	Y	N	Action Required
Are Material Safety Data Sheets (MSDSs) provided for all controlled products (hazardous materials)?
Do workers know where to find MSDSs?
Are hazardous materials stored in proper containers or cabinets?
Are approved safety cans or other acceptable containers used for handling and dispensing flammable liquids?
Are containers and cabinets clearly labeled?
Is ventilation equipment provided for removing contaminants from the operation they are used in (e.g., grinding, spray painting, etc.)?
Have workers been trained to understand the effects of exposure to these products?
Welding or Flame Cutting Operations	Y	N	Action Required
Are only authorized and trained personnel permitted to use such equipment?
Are welding gas cylinders securely stored where they are not subjected to damage?
Are all valve protecting caps in place on unused cylinders?
Are all combustible materials near the operator covered with protective shields or otherwise protected?
Is a fire extinguisher provided at the welding site?
Do operators have the proper personal protective equipment and is it used?
Is the area around the welding shielded to prevent other workers from being exposed to welding flash?
Is there adequate ventilation to remove toxic fumes?
Work Processes	Y	N	Action Required
Is manual handling of loads kept to a minimum?
Are jigs, levers, pulleys or other mechanical measures available for workers to use to avoid strenuous work or prolonged unnatural working postures?
Are carts, cranes, conveyors or other mechanical aids available for moving heavy loads?
Have workers been trained to use proper lifting techniques?
Do workers do a variety of tasks in their work day?
Are workers able to take rest breaks regularly?
Are workers offered choices about the way their job is carried out?
Do workers have input into the work schedule, particularly if they work shift work?
Work Stations	Y	N	Action Required
Are chair heights adjustable?
Do chairs have a backrest of proper size which provides low back support?
Are chairs in good condition?
Personal Protective Equipment	Y	N	Action Required
Are hard hats provided and worn where any danger of injury to the head exists?
Is appropriate hearing protection available and worn by employees in noisy areas?
Are protective face shields, goggles or glasses provided and worn where there is any danger of flying particles or of corrosive material endangering the employees?
Are protective gloves, aprons, or shields provided and worn to protect against cuts, corrosive liquids and chemicals?
Are approved respirators provided for regular or emergency use?
Are the respirators used appropriately?
Is all personal protective equipment in good condition?
Is all personal protective equipment kept clean ?
Is all personal protective equipment available for use?
Where special equipment is needed, is it available?
Does the personal protective equipment fit the worker using it?
First Aid	Y	N	Action Required
Are your first aid supplies adequate for your workplace?
Do you have one or more employees trained in first aid?
Is the first aid kit accessible and clearly labeled?
Is the first aid kit clean and dry?
Are emergency numbers displayed?
Do workers know where to go and who to call for first aid assistance?
Fire Safety and Security	Y	N	Action Required
Are portable extinguishers provided in adequate number and type?
Are fire extinguishers inspected frequently to ensure that they work and are in good condition?
Are fire extinguishers serviced regularly and properly noted on an inspection tag?
Are fire extinguishers properly mounted in readily accessible locations?
Is fire control equipment adequate for the type of fire it must control?
Are special purpose extinguishers clearly marked?
Are smoke, fire and burglar alarms in place?
Are the alarm systems tested frequently?
Is there a clear fire response plan posted for each work area?
Do all the workers know the plan?
Are drills held regularly?
Is there a working alone policy in place?
Are workers aware of and trained in the policy?
Do you have a violence prevention program in place?
Are workers aware of the program and are they trained in the procedures?
Education & Training	Y	N	Action Required
Does your orientation of new workers include information and instruction on your health and safety program?
Have supervisors and management received health and safety training?
Is training provided to each person newly assigned to a job?
Is training provided on the proper use of personal protective equipment?
Is refresher training in safe work procedures provided for workers on a regular basis?
Is training provided for all new procedures, processes, equipment and machinery introduced?

Part IV

A Occupational Health and Safety Resources

There are many occupational health and safety resources available to you. They can provide information or printed material on a wide range of health and safety issues.

Canadian Centre for Occupational Health and Safety (CCOHS)
250 Main Street (East)
Hamilton, Ontario L8N 11H6
Tel: (416) 572-2981
Toll free 1-800-263-8466
http://www.ccohs.ca

Manitoba Workplace Safety and Health Branch
200-401 York Ave.
Winnipeg, Manitoba R3C 0P8
Tel: (204) 945-3446
http://www.gov.mb.ca/labour/safety/index.html

Human Resources Development Canada - Labour Program
2nd floor, 391 York Ave.
Winnipeg, Manitoba R3C 0P8
Tel: (204) 983-6375
(204) 983-2442 (for service in French)

Workers Compensation Board
333 Broadway Ave.
Winnipeg, Manitoba R3C 4M6
Tel: (204) 954-4321
Toll free 1-800-263-8466
http://www.wcb.mb.ca

Worker Advisor Office
4th floor, 401 York Ave.
Winnipeg, Manitoba R3C 0P8
Tel: (204) 945-5787

Manitoba Federation of Labour
Health and Safety Representative
503-275 Broadway
Winnipeg, Manitoba R3C 4M6
Tel: (204) 947-1400
http://www.mfl.mb.ca

References

Code of Practice for Workplace Safety & Health Committees: A Guide to Organization, Functions and Procedures, 3rd edition (1990). Manitoba Labour.

Effective Workplace Inspections. Canadian Centre for Occupational Health and Safety.

Health and Safety for Retail Small Business (1998). Workers' Compensation Board of British Columbia.

Manitoba Regulation 106/88 R, Respecting Workplace Safety and Health Committees. The Workplace Safety and Health Act.

Occupational Health and Safety for Small Business (1996). Alberta Labour.

OSHA Handbook for Small Businesses (1996, revised). Occupational Safety and Health Administration, U.S. Department of Labour.

An OSH Program in Your Workplace: Occupational Safety and Health. Labour Canada.

Safety and Health Committees and Representatives Regulations under Canada Labour Code

Safety: The First Steps Towards a Disability Management Program - A Resource Guide For Manitoba Employers. Workers Compensation Board of Manitoba.

The Small Business Guide to Health and Safety (1997). Workers' Compensation Board of British Columbia.

Please contact our librarian Pat Hebert phebert@mflohc.mb.ca if you would like further information on the above references.