HomeMy WebLinkAboutWD-9-94,;.
~
~
r<=~
# CC~PpRliTIQlI DF THS 1~13CIPALETY OF C~= '
¢
R REPORT
~~ i
~
~~
Meeting: ~
.
G$N~RAL FURFfiSE ADiD AUMINTSTRATTOIH COMMITTEE File # ~
Res.#~~~1~_~~4r-
Date: FEBRUARY 7, 1994
~Y-Law #
Report #: wn.~a.-oe. .File #: ~n _ ~ F _ t a
Subect: STATCtS - ~fl~P'1.' H~ALTH'l1HD SAFETY
Reccmmandatlans:
It is respectfully recommended that the General ~se and
Admiaistration Comwittee recommend to Council the follow I<:g:
1. THATsReport WD-9-94 be received.;
2. THAT; the proposed.. By-law. attached to-Report WD-994 bs
forwarded to Council foz approval; and
3. THAT a copy of Report WD-9-94 bf fors~ardad t® the
Miaiatry of Labour, Attesrtions Mr. Fred Taravoni,
`'
,
„.
1.0 T
A S
No.-1: .Copy. of Clause 11.160Q, Section ll3($}
Assessments .from the OntArio 3~irkers~
Compennatioa Guide Fsi_ ,
~
r'
rvi~ No. 2z :Penalty Assessment Criteria.
No. 3s Proposed By-law
No. ,4: Anu#nded Schedule "B" of By-law 92=112 '
2.0 T I+f~i '
2.1 on April 13, ..1992, Council passed By-1a~,r 9~*~21F ri~hich
_ ;;a.
adopted a Health and Sa#ety Policy and a ~Eealth
~.,
Sa#ety Program and passedBy-last 92-113which ee ~~~
'.~ d
two (2~ Jgnt Health and Safety Go~;t ~ oi'~,
`~
<
'~ ~ ~~~ r
;
~F
N@~
¢eo~
E
.o
~
M96tPM bP1N41E1f8Vi2R
REPORT NO.: WD-9-94 PAGE 2
Committee is for the Public Works employees located at
the Hampton, Orono and Sowmanville Depots and the other
Committee is for the Municipal Administrative Centre and
all other Municipality of Clarington workplaces.
3.0 REVIEW AND COMMENT
3.1 The purpose of this report is to advise Council about the
activities and achievements of the two (2) committees
since April 1992. Also, the regulations require that the
Safety Policy be reviewed on an annual basis.
3.2 Review of Policy
3.2.1 Section 14(2)(1) of the Occupational Aealth and Safety
Act requires that employers shall
"prepare and review at least annually a written
occupational health and safety policy and develop
and maintain a program to implement that policy".
The policy and program, which was established by Council
on April 13, 1992, has been reviewed by both Joint Health
and Safety Committees, the Acting Chief Administrative
Officer, and all Department Heads."
3.2.2 Point 4 of Schedule "B" to By-law 92-112 reads as
.follows:
"Safety Officer
Reinforce the Town's senior management commitment
to the Health and Safety Program by making the
Town's safety professional directly accountable to
senior management."
Clarington does not have a Safety Officer. It is,
therefore, recommended that Point 4 be amended to read:
.. ~~~6
REPORT NO.: WD-9-94 PACE 3
"Safety Responsibility
Reinforce the Town's senior management commitment
to the Health and Safety Program by making the two
Joint Health .and Safety Committees responsible to a
committee composed of the Chief Administrative
Officer and the Department Heads."
3.2.2 Point 8 of Schedule "B" to By-law 92-112 reads:
"Creation of a Steering Committee
The creation of a steering committee composed of
senior management. This committee will oversee the
Town's total accident prevention program."
The amendment to Point 4 of Schedule "B" makes this point
redundant. It is therefore recommended that Point 8 be
deleted.
The passing of the proposed By-law {Attachment No. 3)
will implement these changes.
3.3 Accomplishments of the Joint Health and Safety Committees
The following are several accomplishments and activities
over the past year:
Regular meetings of the two { 2 ) Joint Health and
Safety Committees with excellent attendance;
Regular inspection of all workplaces;
Ergonomics audit and information session on
ergonomics for all employees;
• Information session on emergency procedures for
employees in the Municipal Administrative Centre;
104
REPORT NO.: WD-9-94 PAGE 4
Fire extinguisher training;
Two (2) First Aid Training Courses;
• Recommendation of smoke free workplaces;
Improved maintenance of first aid kits;
Revised and improved Accident Incident Report Form;
Attendance by two (2) members of the Municipal
Administrative Centre Joint Health and Safety
Committee at the Industrial Accident Prevention
Association Annual Convention;
• Review of employee accidents over the last two (2)
years. This is an on-going process;
• Awareness of slippery floor problem at the
Municipal Administrative Centre;
• Identification of Health and Safety issues on .the
various Health & Safety Bulletin Boards in the
various workplaces;
• Mock fire drill at the Municipal Administrative
Centre to evaluate emergency preparedness of
employees;
• Investigation of retaining a municipal medical
practitioner;
• Support and recommendation of an air exhaust
extrication. system in the Bowmanville Fire Hall;
~ 149
REPORT NO.: WD-9-94 PAGE 5
• Creation of a resource area for health and safety
issues;
• Placement of a shield on the railings of the
balcony in the Council Chambers;
• Certification of two (2) members of each Joint
Health and Safety Committee; and
• Reduction in lost time injuries.
3.4 Schedule 1 and Schedule 2 Employers
The Workers' Compensation Board divides employers into
two different categories:
Schedule 1: Operates under the collective liability
principle. Employers are required to pay
annual assessments which form the Board's
accident fund. Compensation payments and
medical aid are paid out of .this fund.
Schedule 2: Employer is individually liable, under
the Board's direction, to pay- the
compensation and medical aid costs of
each of their employees who has an
accident or industrial disease. The
Board levies an administrative cost
annually for handling the claims during
the year. The administrative cost is a
percentage and it can change annually.
Clarington is a Schedule 1 Employer.
1 irk a
RBPORT NO.: WD-9-94 _ __ PAGE 6
3.5 Workers' Compensation Board Assessments
Attachment No. 1 is a copy of information taken from
"Ontario Workers' Compensation Guide". It is important
to be aware that, if a Scheduled employer exceeds the
three criteria listed, the penalty starts at 1008 of the
assessments in the previous veer and may be hiciher by up
to the maximum of 2258.
Attachment No. 2 shows a record of Clarington for the
three (3) criteria, from 1987 to 1992. Other than 1989
and 1992, we were well below the 858 limit.
The 1992 WCB cost is high due to pension awards made in
1992; however, through applications made by staff
specific reductions have resulted in a net credit for
1993 of $125,410.
For criterion 2, we are leas than 858 and there has been
a big improvement in criterion 3.
3.6 Lost Time Iniury Accident Free Days
As of January 7, 1994, the employees under the
jurisdiction of the Public Works Department Joint Health
and Safety Committee have had 372 workdays without a lost
time injury. The previous. record. was 45 days. Also, as
of January 7, 1994, the employees under the jurisdiction
of the Municipality of Clarington Administrative Centre
Joint Health and Safety Committee have had 109 workdays
without a lost time injury. The previous record was 88
work days.
4.0, CONCLUSIONS
4.1 From the above, it is concluded that significant
improvements have been made to Clarington's Safety
Program since the enacting of By-law 92-113 which created
the two (2J Joint Health and Safety Committees and
_ t~51
REPORT NO.: WD-9-94 PAGE 7
established a Safety Policy and a Safety Program. These
improvements, in addition to the benefits to the
employees of having fewer injuries, result in an
improvement in productivity by having fewer employees off
work because of injuries.
It is recommended that the proposed by-law be forwarded
to Council .for approval to implement the changes to
Clarington's Safety Policy.
Respectfully submitted,
Recommended for presentation
to the Committee,
Walter A. Evans, P.Eng.
Director of Public Works
~.?kO ~~~,.,
Phil Broome
Supervisor
Co-Chair, Public Works Joint
Bealth and Safety Committee
Bill Bickell -
Equipment Operator
Co-Chair, Public Works Joint
Health and Safety Committee
WAE*ph
January 20, 1994
Attachments
rie Marano, H.B.Sc., AMCT
Acting Chief
Administrative Officer
Afidrew Gryg
Horticultur'
Co-Chair, Administrative Centre
Joint Health and Safety
Committee
1052
Superintendent
Co-Chair, Administrative Centre
Joint Health and Safety
Committee
REPORT NO.: WD-9-94 PAGE 8
pc: Ministry of Labour
815 High Street
Peterborough, Ontario
K9J 8J9
Attention: Mr. Fred Iacavoni
~r:~~~
Ontario Workers' Compensation Guide
Section 133(2) provides for an additional fine that may be levied on an
employer who fails to meet the reporting requirements:
(2) For every contravention of subsection (1), the employer is guilty of an
offence and on conviction is liable to a fine of not more than $25,000.
11.1550 Mandatory Completion of Form 7
Effective January 1, 1991, the board issued a policy requiring employers to
use Form 7 to fulfil their reporting obligations under section 133 of the Act.
Although no other format is accepted, the boazd will accept an exact copy of
Form 7 produced by an employer's word processing system. These facsimiles
will only be accepted if:
• the employer's facsimile is an exact copy of the boazd's Form 7 in
format size and substance; and
• the employer has received prior approval of the facsimile form by the
director of the ISU handling his claims.
The board also requires that Form 7 be completed in its entirety. Failure to do
so can result in the same penalties as would be imposed for the-late filing of
the report of accident.
11.1600 Section 103(8) Assessments
Perhaps the most severe penalty the boazd may impose on an employer is
provided for in section 103(8) of the Act. This section establishes a demerit
system to be applied to the assessments levied on employers whose accident
records are significantly worse than the average of their rate group:
(8) Where the work injury frequency and the accident cost of the em-
ployer are consistently higher than that of the average in the industry in which
he is engaged, the Boazd, as provided by the Regulations, may increase the
assessment for that employer by such a percentage thereof as the Boazd
considers just, and may assess and levy the same upon the employer, and may
require the employer to establish one or more safety committees at plant level.
Section 103(8) penalties may be imposed on Schedule 1 employers
whose records fail to meet the s[andazds set by section 6(1) of Regulation
1102:
(a) [When the employer] has incurred in two of the last three complete
yeazs of operation a deficit accident cost experience, including the
WCG 1993, Rel. 1 11-6
ATTACHMENT N0. 1
WD-9-94
1 ~.t54
Penalty Chazges and Special Assessments
employer's proper share of administration, safety and other expenses.
(This condition is satisfied if, during any two of the three years, the
employer's accident cost equals 83%a or more of the assessment paid
by the employer)
(b) [Where the employer] has incurred a lifetime deficit accident cost
experience, including the employer's proper share of administration,
safety and other expenses. ('This condition is satisfied if the boazd
pays compensation for a particulaz employer equal to 853'0 or mote of
the total assessment payments made by the employer.)
(c) [Where the employer] has incurred during two of the last three
complete yeazs of operation a frequency rate of compensable acci-
dents at least 25% higher than the average rate in the industry in
which the employer is classified. (lttis rate refers only to the number
of accidents and is not affected by accident cost. Frequency is
determined by the number of injuries per one million man hours.)
All of these conditions must be satisfied before the boazd can impose
penalty assessments under section 103(8). This means that if an employer is
able to demonstrate that he has not been "guilty on one of the three counts",
the entire section 103(8) penalty-must be rescinded.
The penalty is applied as an additional assessment paid over and above
the regulaz annual premium. The penalty amount begins at 100% of assess-
ments in the last yeaz of the period reviewed. Each subsequent section 103(8)
penalty increases by 25% up to a maximum of 225%.
The primary purpose of the assessment is to pressure employers to
improve safety programs. The penalty also ensures that an individual em-
ployer does not impose an unfair burden in accident costs on other employers
__
in the rate group. Appeals of section 103(8) penalties focus on the safety
initiatives taken by the firm. The appeal must proceed on one of three
grounds:
1. the preset conditions (as set out above) have not been met;
2. an appeal to the boazd's discretion;
3. the employer's development of safety programs.
11.1610 Conditions Necessary to s. 103(8) Assessment
Upon receipt of a section 103(8) assessment, an employer should imme-
diately review his records in order to determine whether they reflect the
103(8) "status". The following factors should be reviewed carefully.
11-7 wcc tv~s, tz<t. t
1~i~55
PENALTY ASSESSMENT CRITERIA
Criterion 1
Our Yearly Workers' Compensation Board Costs exceed 85~ of our
Workers' Compensation Board Premiums/Payments in two (2J out of the
last three (3] years.
W.C.B. Our. W.C.B. Costs x 1008
Year Costs Premiums Our Premiums
1992 571,560 171,733 332.82
1991 73,775 160,491 45.97
1990 64,830 140,080 46.28
1989 91,081 119,135 76.45
1988 8,417 103,471 8.13
1987 19,738 100,694 19.60
Criterion 2
Lifetime Workers' Compensation Board Costs Exceed 85$ of Workers'
Compensation Board Lifetime Premiums:
Lifetime W.C.B. Costs x 100$
Lifetime Premiums
937,078 x 100 = 72.4 < 85~
1,294,703
Criterion 3
Our Injury Frequency Experience exceeds the Industry Rate Frequency
by more than 25~ in two (2) of the last three (3) years:
(1) (2)
Our Injury Industry Rate (1~ - (2j x 1008
Year Frequency Experience Frequency 2
1992 4.06 19.66 - 79.3
1991 17.91 22.18 - 19.3
1990 32.45 22.81 + 42.3
1989 39.34 22.48 + 75.0
1988 25.84 25.82 0.0
1987 37.63 26.72 + 40.1
ATTACHMENT N0. 2
_ j I~ ~ 6 REPORT WD-9-94
i.
THE CORPORATION OF THH MUNICIPALITY OF CLARINGTON
BY-LAW 94-
Being a By-law to amend By-law 92-112 being a
By-law to establish an Occupational Health and
Safety Policy and an Occupational Health and
Safety Program as required by the Occupational
Health and Safety Act.
WHEREAS the Council of The Corporation of the Municipality of
Clarington deems it desirable to amend Hy-law 92-112;
NOW THHREFORE the Council of The Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule "B' of By-law 92-112 ie amended by:
a) Deleting the following reference:
"4. Safety Officer:
Reinforce the Town's senior management commitment
to the Health and Safety Program by making the
Town's safety professional directly accountable to
senior management."
and replacing with the following reference:
"4. Safety Responsibility:
Reinforce the Town's senior management commitmeht
to the Health and Safety Program by making the two
Joint Health and Safety Committees responsible to a
committee composed of the Chief Administrative
Officer and the Department Heads."
b) Deleting the following reference:
"8. Creation of a Steering Committee:
The creation of a steering committee composed of
senior management. This committee will oversee the
Town's total accident prevention program."
and Paragraph "9" will be renumbered as Paragraph "8".
2. This By-law shall come into effect on the date of the passing
hereof.
BY-LAW read a first and second time. this 14th day of February,
1994.
BY-LAW read a third time and finally passed this 14th day of
February, 1994.
MAYOR
CLERK
7 ATTACHMENT N0. 3
} ~ ! WD-9-94
r
REVISED SCHEDULE "H° TO BY-LAW 92-112
H H ALT H 6 S A F H T Y P R O G R A M
The Town of Newcastle Health and Safety Program shall be to
implement the recommendations contained in a report prepared by Ken
Fisher, Program Co-ordinator, Municipal Health and Safety Program,
dated August 30, 1989, and on file with the Town Clerk as follows:
1. Work Practices Manual:
Prepare a work practices manual which sets forth the rules and -
regulations regarding accident prevention activities.
2. Promote Compliance with Legislation by Workers:
Promote awareness and compliance of all workers with
legislation including the Occupational Realth and Safety Act,
Worker's Compensation Act and First Aid Regulation 950.
3. Participate in the Municipality Injury Frequency and Cost
Record Program:
Participate in the Municipality Injury Frequency and Coat
Record Program, a voluntary reporting program for
municipalities which provides relevant statistical information
on a municipal service basis. This program allows comparison
with other municipalities.
4. Safety Responsibility:
Reinforce the Town's senior management commitment to the
Health and Safety Program by making the two Joint Health and
Safety Committees responsible to a committee composed of the
Chief Administrative Officer and the Department Heads.
5. Accident Investigation Procedure:
The establishment of appropriate accident investigation
procedures is the responsibility of all Department Heads.
Subject to the provisions of the Occupational Health and
Safety Act respecting the function of the joint health and
safety committee, implement a thorough accident investigation
procedure lead by the Head of the Department to which the
persons involved in the accident are assigned to ensure the
complete, objective and co-operative investigation of all
accidents.
6. Procedure for Timely Report of Accidents:
Implement a procedure for the timely reporting by a senior
management representative of all claims to the Worker's
Compensation Board as well as the ongoing monitoring of all
claims, their status and opportunities for the early
rehabilitation and return to work of the injured worker.
7. Eealth and Safety Education Program:
The implementation of an ongoing health and safety education
training program responsive to the identified needs in the
work place.
8. Criteria for Performance Review:
Include in the criteria for performance review for the
determination of remuneration for all management and
supervisory staff a significant recognition for accident
prevention performance of each employee, including supervisors
and eeaior management.
CC~~ ATTACHMENT N0. 4
~!J WD-9-94