Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Canada (Ratification: 2011)

The Committee notes the Government’s first report, received on 23 October 2013, including internet links to the legislative texts of all Canadian jurisdictions. The Committee also notes the observations by the Canadian Labour Congress (CLC), and the Government’s response thereto, annexed to the report.

Article 2(3) of the Convention. Ratification of relevant occupational safety and health (OSH) Conventions of the ILO. The Committee welcomes the Government’s indication that it has initiated consultations with the provinces and territories, as well as the most representative organizations of employers and workers, on the possible ratification of the Labour Inspection Convention, 1947 (No. 81). The Committee notes that in its observations, the CLC indicates that it favours the ratification of Convention No. 81 (and its accompanying Protocol) as well as the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee would appreciate for the Government to provide information on the results of consultations held pursuant to this Article on measures that could be taken to ratify relevant ILO Conventions, including Conventions Nos 81 and 129.

Article 3. Formulation of a national policy. Measures taken to promote basic principles. The Committee notes the Government’s indication that a policy with respect to the promotion of a safe and healthy working environment has been developed in the federal, provincial and territorial governments in consultation with the most representative organizations of employers and workers. The Committee also notes the details provided regarding the measures taken to promote the basic principles enumerated in this Article in most, but not all, of the Canadian jurisdictions. The Committee asks the Government to provide information on the measures taken in the Northwest Territories, Nunavut, Saskatchewan and Yukon, to promote the basic principles such as assessing occupational risks and hazards, combating occupational risks or hazards at source and developing a preventative safety and health policy that includes information, consultation and training.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee notes the Government’s indication that the national OSH system established in the Canadian jurisdictions has been established in consultation with the representative organizations of employers and workers, but that the Government did not address the outcome of any consultations held with representative organizations of employers and workers regarding efforts to maintain, progressively develop and periodically review the national system for OSH. The Committee also notes that, according to the CLC, improvements are called for as regards the mechanisms for ensuring compliance with national laws and regulations and that, in particular, high-risk activities should be targeted with a sufficient number of inspectors with the capacity and authority to act decisively. The Committee observes that the Government’s response to the CLC’s concerns is mainly focused on the data collection systems discussed below under Part V of the report form, but does not address the functioning of and possible need for improvement of the national labour inspection system. The Committee asks the Government to provide further information on the outcome of consultations held with representative organizations of employers and workers on measures taken to establish, maintain, progressively develop and periodically review the national system for OSH in the Canadian jurisdictions. It also requests the Government to indicate whether and to what extent the concerns raised by the CLC have been discussed in this context, particularly regarding the number of labour inspectors and their capacity to intervene when necessary.

Article 4(2). Required components of the national system for OSH. The Committee notes that as the federal OSH legislation is only applicable in respect of workers who are employed on or in connection with the operation of any federal work, undertaking or business or in respect of any corporation established to perform any function or duty on behalf of the Government of Canada and in respect of the workers of any such corporation (sections 4 and 5 of the Canadian Labour Code), every province and territory is responsible for establishing, progressively maintaining, developing and periodically reviewing its national OSH system. The Committee notes the information provided concerning several, but not all, Canadian jurisdictions. The Committee asks the Government to provide further information on the components of the OSH systems listed in Article 4(2), for the following jurisdictions: federal Government of Canada, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and the three territories.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes that, while the Government provides a general statement to the effect that Canadian jurisdictions have developed programmes on OSH, which generally set targets and indicators and are regularly reviewed for effectiveness, in consultation with organizations of employers and workers, no information is given on the steps taken to give effect to this provisions of the Convention. The Committee requests the Government to provide further details on the steps taken to put in place a national programme on OSH, the organizations of employers and workers consulted and the outcome of the aforementioned consultations.

Article 5(2). Requirements to be met by the national programme. Article 5(3). Publicizing the national programme. The Committee notes the information provided on the measures taken to give effect to these provisions of the Convention in the jurisdictions of Manitoba, Newfoundland and Labrador and Ontario. The Committee asks the Government to provide information on measures taken to ensure that programmes in every Canadian jurisdiction comply with the requirements listed in this Article, that they are widely publicized and, to the extent possible, that they are endorsed and launched by the highest national authorities.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the CLC’s observation that indicators of progress should be linked to the ILO indicators for decent work. The Government responds to this observation by specifying that the key OSH performance indicator used by the Government of Canada and the provincial and territorial governments is the Disabling Injury Incidence Rate (DIIR), which is defined as the total number of disabling and fatal occupational injuries per 100 employees (full-time equivalents). The DIIR allows the federal Labour Program to calculate injury and fatality rates and compare them with other years, other jurisdictions and between industries. The Committee requests the Government to provide further details on the objectives, targets and indicators of progress included in the national programme including their evolution.

Article 4(3)(f) and Part V of the report form. Mechanism for the collection and analysis of data on occupational injuries and diseases and application of the Convention in practice. The Committee notes that in its observations, the CLC indicates that data collection systems in Canada are inadequate and that, considering the Government does not have a data-sharing agreement with the provinces and territories, the data it uses does not emanate from injury or fatality reports. The CLC specifies that inaccurate accident and injury rates are compiled from two sources, namely from workers who have received compensation in the provinces and territories, therefore excluding uncompensated workers from statistical gathering, and from a self-reporting survey not subject to retribution, the Employer’s Annual Hazardous Occurrence Report (EAHOR), submitted annually by federal jurisdiction employers. The Committee takes note of the Government’s response, which indicates that the main reporting tools used by Canada’s Labour Program are the EAHOR and the Hazardous Occurrence Investigations Report (HOIR). These reports gather data on disabling or minor injuries, number of full-time fatalities and other hazardous occurrences, data which is then used to identify higher risk worksites and to plan proactive inspection activities intended to raise awareness, educate and prevent accidents and injuries. The HOIR must be signed by both an employee representative and the investigating officer to ensure that workplace parties and the Labour Program are aware of incidents and can act to prevent further occurrences. Finally, the Committee notes that the Labour Program continues to take steps to refine its systems and has initiated a comprehensive process to modernize data collection, the first phase of which will improve reporting and the timeliness of reports by providing an electronic means for employers to submit HOIRs. The Committee asks the Government to keep the Office informed on the process of modernization of the data collection system and the outcome of consultations with the representative organizations of employers and workers in this respect. The Committee also asks the Government to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.