Proceso de ejecución del proyecto

Work-related death incidence rates differ significantly across Canada as noted in the graph below. These statistics are not affected by waiting periods (three-day wait). Over a 13 year period (1993-2005), Newfoundland and Labrador had the highest fatality rate with an average of 11.9 fatalities per 100,000 workers, twice the national average of 5.9 for the same period. British Columbia, Alberta, and Saskatchewan had the next highest. New Brunswick’s fatality rate during this period was among the lowest at 4.5 work-related deaths per 100,000 workers.

Incidence of Workplace Fatalities per 100,000 workers (%)

Source: AWCBC Key Statistical Measures

Discussion of Key Issues

In New Brunswick, certain groups of industries such as the Construction and the Forestry Sectors, the Canadian Federation of Independent Business, as well as individual companies in co-operation with WHSCC and labour groups, have created programs resulting in greatly reduced workplace injuries. Unfortunately not all sectors of industries embrace the same culture and much more needs to be done.

Changing the culture, in the view of the Independent Review Panel, begins with educating the young. The Panel believes that safety education should be an integral part of the school curriculum.

The Workplace Health, Safety and Compensation Commission’s social marketing campaign that “all occupational diseases and accidents are

11. 7 8. 9 8 6. 5 6. 1 5. 6 5. 6 4. 5 3. 4 1. 5 11. 9 8 6. 7 5. 3 5. 4 5 6. 7 4. 1 _4.5 3. 6 0 2 4 6 8 10 12 14 NL BC AB ON NS QC SK MB NB PE 2005 Average 1993-2005 2005 Cdn Ave. = 6.8 1993-2005 Cdn = 5.9

preventable” recognizes the cultural shift that needs to occur in the workplace. The Internal Responsibility System plays an important role in creating this cultural and attitudinal shift in the workplace that accidents are preventable and zero lost time is possible even in industries that are hazardous or may not have a fixed place of work. New Brunswick’s legislation is premised on the Internal Responsibility System and its centrepiece is the right to know about workplace hazards, the right to participate in solving health and safety problems, and the right to refuse dangerous work. It is consistent with the Canadian model of occupational health and safety legislation. The underlying principle being that both the employer and the worker are responsible for a safe workplace. The role of WHSCC is at times a facilitator and equally an enforcer.

During the public consultations, attention was paid by stakeholders to joint occupational health and safety committees and needs special mention in the Panel’s Report. These committees are essential to the proper rapport and understanding between employer and worker, should be practical, and not so formal as to be bureaucratic.

The Panel heard some suggestions that the Occupational Health and

Safety Act be amended to provide that a JOHS committee “shall”

perform certain functions. It is the Panel’s view however, that the use of the word “shall” would impose a potential liability/enforcement obligation on committees not conducive to committee membership, nor consistent with their mandate.

The Independent Review Panel notes that the legislation was amended in March 2007 adding: mandatory training for joint health and safety committee members; the employer granted leaves to committee members to attend the educational programs with pay at his or her rate and other benefits to which he or she would be entitled; and the establishment and composition of committees for project sites.

One day during the consultation process, the Independent Review Panel met with two stakeholder groups. One group, where workers employed outside and under extreme conditions, embraced the culture of prevention of injuries. The other group, working in a controlled environment, stated accidents were inevitable in their industry. The difference in the two mind sets could not be more striking. The Panel believes the Commission needs to motivate stakeholders to develop a culture of safe and healthy workplaces in which all accidents are seen as preventable.

Annually, the Commission receives $900,000 from the Provincial Government, reduced from a high of $1.677 million in 1995 which is generally used to support occupational health and safety initiatives. This represents a shrinking percentage of occupational health and safety costs. From 2002 to 2005, the overall occupational health and safety costs have increased by 22.27 percent. In 2002, the Provincial Government’s share of total occupational health and safety costs represented 12.89 percent. In 2006, this same contribution

represented 10.55 percent of the total occupational health and safety costs.

The Independent Review Panel acknowledges that lost-time claims in New Brunswick for self-insured employers have decreased less than one percent compared to a decrease of more than 20 percentage points from 2000 to 2005. The Panel therefore suggests increasing the current government contribution to cover the cost of occupational health and safety services for self-insured employers and those not covered under the Workers’ Compensation Act.

The Panel is in receipt of a draft report from the Commission entitled

Report to the WorkSafe Evaluation Committee from the Occupational Health and Safety Opportunities Sub-Committee expected to be

presented to the full Board. A sub-committee was struck by the Board and met for a year to examine opportunities for improvement of occupational health and safety prevention activities by the Commission. It is expected this will result in further prevention initiatives.

Recommendation #16

The Independent Review Panel recommends the WHSCC actively pursue programs in consultation with stakeholders to achieve the governing goal of an improved safety culture and a zero tolerance of workplace injuries in New Brunswick.

Recommendation #17

The Independent Review Panel recommends that occupational health and safety be an integral part of the New Brunswick school curriculum.

Recommendation #18

The Independent Review Committee recommends that the Commission’s focus on youth be expanded to new employee orientation, new employee job safety, and seniors returning to employment, with an emphasis on the promotion of safety for anyone starting a new job.

Recommendation #19

The Independent Review Committee recommends that the Commission explore opportunities to provide funding for the development and offering of training programs and resources by external agencies, including cooperative programs with the New Brunswick Federation of Labour, Canadian Federation of Independent Business, and others.

Recommendation #20

The Independent Review Committee recommends the allocation of resources by the Commission for the development of web based safety training programs with focus areas respecting legislative requirements, management responsibilities, and orientation programs for new workers.

Recommendation #21

The Independent Review Panel recommends the WHSCC expand safety association programs similar to the Construction and Forestry industries model to other industry sectors, including health care.

Recommendation #22

The Independent Review Panel recommends increasing the provincial government grant to WHSCC to cover costs of non- assessed employers, including self-insured employers, to reflect cost of the service and to allow for additional inspections for self-insured and non-insured employers.

Recommendation #23

The Independent Review Panel recommends the Commission review the compliance and enforcement tools available to it, including additional inspections, stop-work orders, ticketing, and demerit fines in workplaces requiring increased attention, as well as incentives for undertaking effective prevention programs.

Recommendation #24

The Independent Review Panel acknowledges that the introduction of new industries coming to New Brunswick and the expansion of some existing industries may present special prevention challenges and recommends the Commission appropriate the resources required to address these industries and projects.

Mandate Question Overview

The Independent Review Panel was asked to assess how well the Workplace Health, Safety and Compensation Commission compares to other Canadian jurisdictions in addressing prevention of injuries, including occupational health and safety education, resources allocated to education, and results achieved, such as measures of accident frequency.

The Panel’s research indicates, based on published benchmarks such as the injury frequency rate, lost time claims, and fatality

rates that New Brunswick compares very well to other jurisdictions. In New Brunswick, the accident frequency rate declined 21 percent from 2001 to 2005 and remains the second lowest in Canada. Over a 13 year period (1993-2005), New Brunswick’s fatality rate was among the lowest at 4.5 work- related deaths per 100,000 workers.

Having reviewed practices in all jurisdictions, it is very difficult to compare and to determine best practices within the scope and timeframe of the Panel’s mandate. This is further complicated by the fact that the responsibility for prevention and enforcement may be administered differently in each jurisdiction.

The Independent Review Panel, however, is convinced that all workplace injuries are preventable. Aside from the human costs, injuries result in costs that could be spent on improving benefits and/or making New Brunswick industries more competitive.

The Independent Review Panel believes that prevention is of paramount importance and is a key factor in cost savings for the New Brunswick Workplace Health, Safety and Compensation Commission. The objective of the Panel’s recommendations is to make New Brunswick the model for the prevention of injuries.

It is recognized that the only way to improve costs and to therefore have the capacity to either improve benefits and/or lower assessment rates is to contain accidents and have more timely returns to a safe workplace.

How then, can the New Brunswick workplace become an occupational health and safety model for all of Canada? How does New Brunswick create a culture of zero accident tolerance in the workplace? How can accident causes be controlled? Ensuring that the workplace is mechanically and physically safe is the first priority. Education and enforcement are other key components.

The Occupational Health and Safety Act spells out, in a broad sense, the requirements and conditions for a safe workplace. It is the wide-spread acceptance of the core set of policies and beliefs that is inherent in the Act that is essential for real progress to be made on the prevention front.

Of necessity, the Independent Review Panel’s mandate required it to focus on strategic recommendations. The Panel suggests that while statistics show that New Brunswick is doing very well, New Brunswick must still strive to adopt or incorporate best practices nation-wide, making it a leader in occupational health and safety.

Coverage and Benefits