The Northwest Territories and Nunavut have begun the process of making drastic changes to their Occupational Health and Safety Regulations (OHSR), but the proposed draft has many businesses concerned.
In fact, there were so much concern expressed by members of the NWT Construction Association and the NWT Chamber of Commerce, that the Workers’ Safety & Compensation Commission (WSCC) of the Northwest Territories and Nunavut announced an extension of the public consultation period for the OHSR to March 31, a full five months later than had originally been scheduled. It is hoped that the extension will give businesses time to examine the proposed regulations and provide meaningful feedback to the Safety Regulation Review Committee.
The WSCC and the two territorial governments studied the regulatory framework under the current Safety Acts and found it to be “fragmented, outdated, unclear and difficult to enforce,” according to a WSCC press release. The review committee spent two years developing the draft OHSR, which would replace all regulations under the Safety Acts, including the integration of regulations related to asbestos, workplace smoking, silica and soundblasting, among others, and combine them all into a single set of regulations.
Among some of the other changes included in the draft regulations are:
- Creating an enhanced role for joint occupational health and safety committees;
- Facilitating a partnership between employers and workers for greater safety at work sites;
- Facilitating a greater use of practice guidelines, standards and codes, with employers, workers and other stakeholders taking a much greater role in their development;
- Updating requirements for personal protective equipment;
- More directly addressing unique safety issues for workers in extremely cold weather;
- More provisions for radiation safety, including protection of pregnant workers and;
- More regulations dealing with harassment and violence on the job;
Some business groups, however, have complained about what they refer to as the WSCC’s “misguided approach” to developing the new regulations. They point out that a rewrite of the rules doesn’t necessarily lead to improved safety performance in the workplace.
Some have also expressed concern over the size of the draft, which runs approximately 350 pages, which seems excessive to some. In a business climate in which 97% of businesses fit into the “small” category, they wonder how many business owners will read the whole thing and recognize the regulations that apply to them. They worry about the “one-size-fits-all” nature of the new regulations, their lack of a risk assessment component. There are also cost concerns about regulations relating to internal safety committees, additional training and the shutting down of sites if the combined temperature and wind chill drops to -45 C or lower. A few businesses indicated that they might as well shut down for the winter under such conditions.
For their part, the WSCC acknowledges the media attention they’ve received over the cold weather regulations, and they are sensitive to many other concerns, as well. When the current consultation period ends, they will decide if more consultation is necessary. They hope to put the new regulations in effect by the spring or summer of 2012.