In Canada, companies with safety sensitive or safety critical roles are required to provide workers with safety training and a have a competency program. If I am creating training and competency programs, what can I cite in Canadian legislation to back this up?

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# Health and Safety Legislation in Canada - Competent (cont.) ## How does occupational health and safety (OH&S) legislation define a competent person or worker? (cont.) <table><tr><th>Jurisdiction</th><th>Definition</th></tr><tr><td>Alberta: Occupational Health and Safety Act, Chapter O-2.2, S. 1</td><td>"competent" in relation to a person means adequately qualified, suitably trained and with sufficient experience to safely perform work without supervision or with only a minimal degree of supervision;</td></tr><tr><td>Saskatchewan: Occupational Health and Safety Regulations, 1996 S.S., C. O-1.1, Reg 1. s.2</td><td>(I) "competent" means possessing knowledge, experience and training to perform a specific duty (m) "competent worker", with respect to a particular task or duty, includes a worker who is being trained to perform that task or carry out that duty and who is under close and competent supervision during that training;</td></tr><tr><td>Manitoba: Workplace Safety and Health Regulation, Reg. 217/2006, s.1.1</td><td>"competent" means possessing knowledge, experience and training to perform a specific duty.</td></tr><tr><td>Ontario: Occupational Health and Safety Act, R.S.O. 1990, C. 0.1, S. 1(1)</td><td>"competent person" means a person who, (a) is qualified because of knowledge, training and experience to organize the work and its performance, (b) is familiar with this Act and the regulations that apply to the work, and (c) has knowledge of any potential or actual danger to health or safety in the workplace;</td></tr><tr><td>Ontario: Construction Projects, O. Reg. 213/91, s.1. (1)</td><td>"competent worker", in relation to specific work, means a worker who, (a) is qualified because of knowledge, training and experience to perform the work, (b) is familiar with the Occupational Health and Safety Act and with the provisions of the regulations that apply to the work, and (c) has knowledge of all potential or actual danger to health or safety in the work;</td></tr>…

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# Health and Safety Legislation in Canada - Competent (cont.) ## How does occupational health and safety (OH&S) legislation define a competent person or worker? (cont.) <table><tr><th>Occupational Health and Safety Regulations, 2012 N.L.R. 5/12. S. 2(g).</th><th>experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and (ii) knowledgeable about the provisions of the Act and these regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;</th></tr><tr><td>Northwest Territories: Occupational Health and Safety Regulations R-039- 2015 s.1</td><td>"competent" means, in respect of a function, task or duty, possessing the knowledge, experience and training to perform the function, task or duty;</td></tr><tr><td>Nova Scotia: Occupational Safety General Regulations, N.S. Reg. 44/99, 2.(g)</td><td>"competent person" means a person who is (i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and (ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;</td></tr><tr><td>Nunavut: Occupational Health and Safety Regulations R-003- 2016 S. 1</td><td>"competent" means in respect of a function, task or duty, possessing the knowledge, experience and training to perform the function, task or duty;</td></tr><tr><td>Prince Edward Island: Occupational Health and Safety Act General Regulations, EC180/87, s.1.4 (f)</td><td>"competent person" means a person who (i) is qualified because of that person's knowledge, training and experience to do the assigned work in a manner that will ensure the health and safety of persons in the workplace, and (ii) is knowledgeable about the provisions of the Act and the reg…

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# Health and Safety Committee - Creation (cont.) ## Are members trained or certified in health and safety? (cont.) Table 2 Health and Safety Committee: Training Requirements <table><tr><th>Jurisdiction</th><th>Requirement</th><th>Reference to OHS Legislation</th></tr><tr><td>Canada, Federal</td><td>Canada Labour Code, Part II 125 (1)(z.01) ensure that members of policy and work place committees and health and safety representatives receive the prescribed training in health and safety and are informed of their responsibilities under this Part; 14 (1) For the purposes of paragraph 125(1) (z.01) of the Act, training for members of policy and work place committees and health and safety representatives must be developed by the employer after consultation with the committees or representatives concerned and must include the following aspects: (a) the Act and any regulations made under it; (b) the means that allow the committee members and the health and safety representatives to fulfill their responsibilities under the Act; (c) the rules of each of the committees; and (d) the principles of consensus building regarding health and safety issues. (2) The health and safety training program must be reviewed and updated at least once every three years, and whenever there is a change of circumstances that may affect the content of the training.</td><td>Canada Labour Code, Part Il (R.S.C. 1985, C. L-2) Section 125 (1)(z.01) Policy Committees, Work Place Committees and Representatives Regulations (SOR/2015-164) Part 3 Section 14</td></tr><tr><td>Alberta</td><td>Training An employer must ensure that members of a joint health and safety committee or a health and safety representative are trained in the following: (a) the roles and responsibilities of co-chairs and members on joint health and safety committees and health and safety representatives; (b) the obligations of work site parties; (c) the rights of workers.</td><td>Occupational Health And Safety Code (Reg. 191/2021) …

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# Health and Safety Legislation in Canada - Competent (cont.) ## How does occupational health and safety (OH&S) legislation define a competent person or worker? (cont.) Regulations, SOR/86- 304, s.1.2 # What makes a person competent? REMEMBER: The information below is a general summary only. For any information about legislation and the requirement(s) to be competent, always check directly with your jurisdiction for the exact legal interpretation. In general, for people to be competent in the health and safety aspects of their work, they will have a combination of the following requirements: be qualified because of knowledge, training, and experience to do the assigned work - have knowledge about the hazards and risks associated with the job or task to be performed (e.g., knows what hazards and risks are present) - know how to recognize, evaluate and control these hazards and risks (e.g., knows what precautions to take or controls to use/are in place for the different hazards or risks) - have the ability to work so that their health and safety and the health and safety of others are not in danger - have knowledge of the laws and regulations that apply to the work being done These abilities can be learned or acquired through a combination of a person's knowledge, skills, experience, and training. Knowledge can be defined as knowing both what to do as well as how to do it. Skill can be defined as having the ability to perform the activity correctly. Skills often require technical know-how, expertise, practice, measurement, and feedback to develop into ability. Some abilities will be gained through experience and practice, other abilities may be learned through informal and formal education and training. As an example, Alberta Labour provides a description of characteristics that may be used to describe a worker as "competent": "(1) adequately qualified - the worker has some type of qualification, usually earned through a formal education program, train…

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# WHMIS - Education and Training (cont.) ## Is there a difference between WHMIS education and WHMIS training? (cont.) In Canada, there must be a WHMIS program in place in any workplaces where hazardous products are present. Workers must be educated and trained so they understand the hazards and know how to work safely with hazardous products. All workers who work with a hazardous product, or who may be exposed to a hazardous product as part of their work activities must learn about the hazard information for these products. The hazard information should include the information received from the supplier, as well as any other information that the employer is aware of about the use, storage and handling of each product. As an example, this education and training must be provided to all workers who: - May be exposed to a hazardous product due to their work activities (including normal use, maintenance activities, or emergencies). - Use, store, handle or dispose of a hazardous product. - Supervise or manage workers who may be exposed, or use, store, handle or dispose of a hazardous product. - Are involved in emergency response. ## What topics should be covered? Examples of topics that should be covered during education and training include: - The information on both the supplier label and workplace label, and what that information means. - The information on the Safety Data Sheet (SDS) and what that information means. - The procedures required for safe use, handling and disposal of a hazardous product. - Any other procedures required when the product is in a pipe, piping system, vessel, tank car, etc. - The procedure to follow if the hazardous product may be present in the air and a worker may be exposed. - All procedures that must be followed in an emergency involving the hazardous product. ## What are the employer duties? All Canadian jurisdictions require that employers develop, implement, and maintain a worker WHMIS education and training program…

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# Health and Safety Legislation in Canada - Due Diligence (cont.) ## How does an employer establish a due diligence program? (cont.) - The employer should document, in writing, all of the above activities. This documentation will give the employer a history of how the company's occupational health and safety program has progressed over time. It will also provide up-to-date documentation that can be used as a defence to charges in case an incident occurs despite an employer's efforts. - Employers must also make sure that all people who are at the workplace are included, such as contractors, visitors, students, interns, and volunteers. All of the elements of a "due diligence program" must be in effect before any incident or injury occurs. If employers have questions about due diligence, they should seek legal advice for their jurisdiction to ensure that all appropriate due diligence requirements are in place. There are obviously many requirements for the employer, but workers also have responsibilities. They have a duty to take reasonable care to ensure the safety of themselves and their coworkers, which includes following safe work practices and complying with legal requirements. More information on how to establish these programs is available through OSH Answers, including: - Health and Safety Program - General Elements - Health and Safety Policy - Development and Implementation - Emergency Planning - Hazard and Risk - Hazard Control - Effective Workplace Inspections - Incident Investigation - Job Safety Analysis ## What documentation is needed to show due diligence? Written documentation is essential. Records, reports, and documentation for the following activities can help show due diligence: - Worker orientation, education, and training. - Workplace inspections, including corrective actions taken. - Incident reports, including corrective actions taken. - Audit reports, including evidence of implementing recommendations for improvement. …

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# Transportation of Dangerous Goods (TDG) - Training (Road) (cont.) ## When do I need training? (cont.) "handling means loading, unloading, packing or unpacking dangerous goods in a means of containment for the purposes of, in the course of or following transportation and includes storing them in the course of transportation (manutention)" only. Always check the TDG Act and Regulations to ensure compliance. For specific details on training, see Part 6 of the TDG Regulations and the competency checklist issued by Transport Canada. Please also see the following documents in this series for road transportation of dangerous goods: - Transportation of Dangerous Goods (TDG) - Overview (Road) - Transportation of Dangerous Goods (TDG) - 9 Classes - Transportation of Dangerous Goods (TDG) - Classification (Road) - Transportation of Dangerous Goods (TDG) - Emergency Response (Road) - Transportation of Dangerous Goods (TDG) - "Special Case" and "Special Provision" Exemptions (Road) - Transportation of Dangerous Goods (TDG) - Dangerous Goods Marks (Road) - Transportation of Dangerous Goods (TDG) - Means of Containment (Road) - Transportation of Dangerous Goods (TDG) - Segregation of Means of Containment (Road) - Transportation of Dangerous Goods (TDG) - Shipping Documents (Road) - Transportation of Dangerous Goods (TDG) - Reporting Requirements (Road) ## What type of training should be provided to the employees before they handle dangerous goods for transport? People who "import, offer for transport, handle or transport" dangerous goods need to be trained according to the requirements found in Part 6 of the TDG Regulations or operate under the direct supervision and be physically accompanied by a trained person with a valid training certificate. The employees involved in TDG activities are considered adequately trained if they have a sound knowledge of all the aspects of the topics as they relate directly to the person's duties as listed in Section 6.2 of the TD…

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# Health and Safety Legislation in Canada - Due Diligence (cont.) ## What is meant by due diligence? (cont.) "Due diligence" is important as a legal defence for a person charged under occupational health and safety legislation. If charged, a defendant may be found not guilty if they can prove that due diligence was exercised. In other words, the defendant must be able to prove that all reasonable precautions were taken to protect the health and safety of workers. Due diligence is demonstrated by the actions taken before an event occurs, not after. ## How does an employer establish a due diligence program? The conditions for establishing due diligence include several criteria: - The employer must have written occupational health and safety policies, practices, and procedures in place. These policies, etc., would help demonstrate and document that the employer carried out workplace safety audits, identified hazards and made necessary changes to correct them, and provided workers with information to enable them to work safely. - The employer must provide the appropriate training and education to the workers so that they understand and carry out their work according to the established policies, practices, and procedures. - The employer must educate and train the supervisors to ensure they are competent persons, as defined in legislation. Ensure that managers and supervisors: - Talk to new workers about safety during orientation training. - Meet regularly with staff to discuss health and safety matters. - Inspect workplace areas under their responsibility, and respond promptly to unsafe conditions and activities. - Understand the hazards and take reasonable measures to control any aspect of work that may harm a worker. - Pay attention to routine and non-routine activities, making sure that workers understand the hazards and follow the preventative measures. - The employer must monitor the workplace and ensure workers follow the policies, practices, and…