Ask Dr. Denise: Workplace Safety and Health (part 2)

The Filipino Journal: September 18-October 5 2006 issue p 6

My boss is asking me to work in what I consider unsafe conditions. What can I do?
What are the safety and health rights and responsibilities in the workplace?

When it comes to safety and health, every worker in Manitoba, regardless of age, has 3 basic rights in the workplace:
- The right to know about what hazards there are in the workplace and what precautions must be taken to prevent injuries from these hazards.
- The right to participate in safety and health activities in the workplace without fear of any form of discriminatory action such as discipline.
- The right to refuse unsafe work.

In Manitoba, health and safety rights are guaranteed by the Workplace Safety and Health Act and the Canada Labour Code. Most workers are under provincial authority and are protected by the Workplace Safety and Health Act. The Workers Compensation Act was created to promote healthy, safe workplaces, to encourage safe, timely return to work and to provide insured benefits to workers who get injured on the job. In addition to the laws, every workplace should have its own safety policy, procedures and safe operating practices.

Your employer is legally responsible for putting safe work practices in place, and you’re responsible for following them. If you have safety and health concerns, it’s your responsibility to report them. If a task feels unsafe, tell your immediate supervisor, and explain why you’re not comfortable. If you don’t get a satisfactory answer or s/he isn’t available, go to her/his supervisor. If you’re still not satisfied, ask your safety representative, a member of the safety committee, or a shop steward. Your last resort is the Workplace Safety and Health Division (WSH) or Human Resources and Skills Development Canada (HRSDC). WSH Officers have the power and duties to inspect any workplace, investigate any potential hazards situation and work refusal; and order compliance with the law (eg the Act or Regulations).

Manitoba’s employment standards laws (as outlined in The Employment Standards Code) promote fairness in the workplace for both employees and employers. The Employment Standards Branch is a neutral party that administers laws on minimum wages, hours of work, holidays and other workplace benefits. It is also responsible for investigating complaints of violations of these laws. Most employees in Manitoba fall under this code. Independent contractors (self-employed) are not covered. Some parts of the Code do not apply to agricultural workers, sitters, professionals, part-time domestic workers, Crown employees, family members employed in a family business, temporary election workers and some others.

If you have questions about WSH, visit the Workplace Safety and Health Division website at www.gov.mb.ca/labour/safety. Call the WSHD Client Services office at 945-3446 or 1-800-282-8069. This is the part of the provincial government that promotes and enforces workplace safety and health (law). They can answer your questions or concerns or provide you with information confidentially. If a serious incident, death or other problem is occurring in your workplace, they will send a workplace safety and health officer to your workplace.

The Human Resources and Skills Development Canada (HRSDC) – Labour Program is responsible for federally regulated workplaces such as national railways, grain elevators, inter-provincial trucking/transportation, communications, banks, etc). Call the HRDC – Labour Program at 983-6375. If you live outside Winnipeg, call 1-800-838-2033 or visit the website at www.hrdc-drhc.gc.ca.

The MFL Occupational Health Centre (phone 949-0811 or 1-888-843-1229, www.mflohc.mb.ca) is a community health centre specializing in work-related injuries and diseases. It is a non-profit, charitable organization funded by the Winnipeg Regional Health Authority and by donations from individuals, and unions. Its doctors are specialists in occupational medicine; referrals are not required. The Centre organizes public presentations and offers hands-on workshops tailored to your needs. One of its special initiatives is an Immigrant Workers Education and Outreach Project. It has a library with over 40 fact sheets on workplace health and safety issues such as ergonomics, shift work, work stress, and workplace chemicals. Some are available in Tagalog.


Some interesting facts:

- 40% of all injuries suffered by workers throughout their careers happen in the 1st 6 months on the job.
- 1/3 of all workplace injuries happen to those 15-24 years of age.
- Top 5 injuries in this group:
o Sprains, strains and tears
o Open wounds
o Surface wounds and bruises
o Other traumatic injuries and disorders
o Fractures and dislocations
- Top 5 Causes of injury to young workers:
o Struck by object
o Over exertion
o Bodily reaction (3eg jerking motion)
o Struck against object
o Caught in objects
- Top 5 body parts injured in young workers: hand/fingers/lower back/ eyes/ lower arm/ lower leg