Following preventive measures in order: A requirement to address workplace hazards and support inclusive workplaces

On this page

• Introduction
• Hazard prevention program (risk assessment and preventive measures)
  • Personal protective equipment (PPE)
• Duty to accommodate
• Workplace parties’ responsibilities
• Contact us

Introduction

Under Part II (Occupational Health and Safety) of the Canada Labour Code, workplace parties are responsible for putting in place a hazard prevention program (HPP). A HPP is a workplace-specific program designed to prevent work-related injuries and illnesses. The Labour Program, along with the Canadian Centre of Occupational Health and Safety (CCOHS), offer tools and resources to help.

When developing workplace policies and programs, it’s important to ensure that all workers have the opportunity to participate as safely and fully as possible. For more information, consult the CCOHS’ Reducing risks in the workplace – Going beyond a generic policy.

Hazard prevention program (risk assessment and preventive measures)

Workplace parties must work together to create their HPP. They must identify any workplace hazards and assess the potential risk based on the following:

• Hazard: any potential source of harm (injury or illness) or danger
• Exposure: level, frequency and duration when exposed to the hazard
• Vulnerability: effect, real or perceived, of the exposure on health and safety of employees

Hazards that can cause more severe harm and create greater potential of harm have a higher risk level. When one of the variables decreases, the risk decreases as well. Preventive measures eliminate or reduce the level, duration and frequency of exposure to hazards. Hazards with a reduced risk level decrease potential vulnerability.

Once they have identified and assessed hazards, workplace parties can determine what preventive measures are required. To do so, they must follow the preventive measures in the correct order (also known as the hierarchy of controls) from most to least effective:

1. Eliminate the hazard
2. Reduce the hazard
3. Provide personal protective equipment, clothing, devices or materials

Hazards that could lead to work-related injuries and illnesses:

• Walking into an object, falling, tripping or slipping
• Inhaling gases, vapours, dusts, mists, fumes, smoke or sprays
• Working around any type of machinery
• Being in contact with flying, falling, or swinging objects

Duty to accommodate

The Canadian Human Rights Act (CHRA) protects individuals from discrimination on prohibited grounds such as religion and disability.

When workplace parties have identified PPE as the only way to mitigate a hazard, and the PPE prevents a worker from participating fully at work for reasons linked to one or more prohibited grounds of discrimination in the CHRA, employers will need to consider their duty to accommodate under the CHRA.

Employees who are unable to use PPE for reasons that are linked to prohibited grounds of discrimination, such as religion and disability, can:

• discuss the matter with their employer and request information on the steps workplace parties have taken to eliminate or mitigate the hazard, and
• request an accommodation  

The employer and employee must work together to determine and implement any accommodation measures, taking into consideration health, safety, and cost up to the point of undue hardship on the employer. In Respecting human rights, CCOHS notes that accommodations may not be possible in some circumstances.

Note: The Canadian Human Rights Commission (CHRC) encourages employers to develop an accommodation policy in their workplace.

Contact the CHRC for more information.

Workplace parties’ responsibilities

Under Part II of the Code and Canada Occupational Health and Safety Regulations, workplace parties have rights and duties, including the following:

• Employers’ duties
  • Protecting the health and safety of every worker
  • Developing, implementing, and monitoring their HPP
• Policy health and safety committees’ duties
  • Developing workplace health and safety policies and programs
  • Developing and monitoring their HPP
  • Educating workers on health and safety matters
• Workers’ duties
  • Following the HPP and other health and safety procedures in place
  • Taking training related to health and safety at work
  • Using PPE supplied by the employer as required

Contact us

For more information or questions, workplace parties can contact the:

• Labour Program at 1-800-641-4049 for matters related to Part II of the Code
• CHRC at 1-888-214-1090 for matters related to the CHRA and duty to accommodate
• CCOHS at 1-800-668-4284 for additional guidance and resources on health and safety at work.