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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.187

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health (OSH) Conventions of the ILO. Following its previous comments, the Committee welcomes the Government’s indication in its report concerning the ratification of the Labour Inspection Convention, 1947 (No. 81), in 2019, and its statement that the federal, provincial and territorial governments are undertaking technical reviews of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), with a view to its possible ratification in the future. The Committee also notes the ratification of Violence and Harassment Convention, 2019 (No. 190) in 2023, and the ongoing consideration of the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), including discussions at the Federal-Provincial-Territorial Ministers of Labour meeting in 2023. The Committee requests the Governmentto continue to provide information on any progress made in this regard, and on any other consultations undertaken with social partners to consider measures that could be taken to ratify OSH Conventions.

Article 3(2). Right of workers to a safe and healthy working environment. Following its previous comments on legislative amendments modifying the definition of “danger” in the Labour Code, the Committee notes the Government’s indication that consultations with social partners were held between July and December 2018 to examine the current definition of “danger”. The Government indicates that, according to the outcome of such consultations, there was no clear evidence warranting legislative changes, but that consensus was reached on the need to increase awareness of what is covered by the current definition and for providing further guidance on the process for refusal to work. The Committee takes note of this information, which addresses its previous request.

Article 4(1). Development and periodical review of the OSH system in consultation with the social partners. Following its previous comments, the Committee notes the information provided on the manner in which consultations are held with representative organizations of employers and workers in Prince Edward Island, the Northwest Territories, Nunavut, Nova Scotia and the Yukon. Concerning mechanisms established by the Occupational Health and Safety Act at the provincial level in Quebec, the Committee also notes the information provided by the Government regarding the adoption of the Act to modernize the occupational health and safety system in 2021. The Committee takes note of this information, which addresses its previous request.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. Noting that the Government has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers the Government to its comments adopted under that Convention.

Article 4(3). Occupational health services. Mechanism for the collection and analysis of data on occupational injuries and diseases. Following its previous comments on the collection of statistics, the Committee notes the Government’s indication that, since 2014, the Labour Programme has worked to establish Information Sharing Agreements for each request for information from the different levels of government. The Government indicates that, over the years, the Labour Programme has disclosed its finalized fatality investigation reports to provincial coroners and to provincial and federal OSH Departments. The Committee further notes the Government’s indication that, in Alberta, British Columbia, New Brunswick, and the Yukon, occupational health services are provided in compliance with legislation. The Committee also observes that there is no information on how effect is given to Article 4(3)(a), (b) and (d) to (h) in the Northwest Territories and Nunavut, and Newfoundland and Labrador. The Committee requests the Government to provide further information on how occupational health services are provided in Alberta, British Columbia, New Brunswick, and the Yukon, as well as at the federal level and in Prince Edward Island, Saskatchewan, Manitoba, Nova Scotia, Newfoundland and Labrador, the Northwest Territories and Nunavut. The Committee also requests the Government to indicate the measures taken to give effect to Article 4(3)(a), (b), and (d) to (h) in Newfoundland and Labrador and the Northwest Territories and Nunavut. In addition, the Committee requests the Government to continue to provide information on any other measures taken to improve the mechanisms for the collection and analysis of data, including for the sharing of information between federal, provincial and territorial governmental levels.

Article 5. National OSH programme. Following its previous comments, the Committee takes due note of the different strategic plans on OSH that have been adopted at the provincial and territorial levels. TheCommittee requests the Government to continue to provide information on the evaluation and review of such strategic plans on OSH, in consultation with social partners. In the absence of information on such a strategic plan at the federal level, in Alberta, and in Prince Edward Island, the Committee requests the Government to provide information on any measures taken to formulate, implement, monitor, evaluate and review such a plan in these jurisdictions.Furthermore, while taking due noteof theStrategic Plan 2022–27 of the Safety Branch of the Department of Labour, Skills, and Immigration in Nova Scotia, the Committee requests the Government to provide further information on its indicators of progress (Article 5(2)(d)).The Committee takes due note of the Discussion Paper for the Workplace Injury Prevention Strategy lasting 2023–28 in Newfoundland and Labrador, and requests the Government to provide further information on its implementation, monitoring, evaluation and review.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Confederation of National Trade Unions (CSN) and the Canadian Labour Congress (CLC), communicated with the Government’s report.

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the Government’s indication that it has continued its consultations with the provincial and territorial governments, as well as the most representative organizations of employers and workers, on the possible ratification of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In this respect, the CLC indicates that there has been no action by the Government to ratify these Conventions. The Committee requests the Government to continue providing information on consultations held with the provincial and territorial governments, as well as the most representative organizations of employers and workers, on the consideration of measures that could be taken to ratify relevant OSH Conventions and on the outcome of these consultations.

Article 3. Formulation of a national policy. Measures taken to promote basic principles. The Committee notes the information provided by the Government in reply to its previous request, concerning the promotion of basic OSH principles in Nunavut, Northwest Territories, Yukon and Saskatchewan. The Government also provides information on the implementation of trainings and safety-awareness programmes that help create a preventative safety and health culture in these jurisdictions. The Government further indicates that a target intervention strategy has been implemented in Saskatchewan to identify employers with high injury rates requiring intervention. The Committee takes note of this information.

Article 3(2). Right of workers to a safe and healthy working environment. The Committee notes the CLC’s indication that section 176(2) of the 2014 Budget Implementation Act (Bill C-4) has modified the definition of “danger” in the Labour Code, requiring that any hazards or conditions be either “imminent” or “serious” in order to constitute danger. The CLC states that workers will have to be already exposed to harm before they can establish that their working conditions are dangerous, and that they will likely not be able to claim protection from potential chronic or slow-developing illnesses based on exposure to carcinogens or teratogens. The CLC also states that Bill C-4 has eliminated hazards that could endanger the reproductive system of male and female workers from the definition of “danger”. The CLC further indicates that the minister is empowered by section 182 of Bill C-4 to determine that the work refusal was “trivial, frivolous, vexatious or in bad faith” and, in that case, no investigation will be conducted and the worker will not have the right to appeal such a decision to an independent quasi-judicial tribunal. The Committee requests the Government to provide its comments on the issues raised by the CLC, as well as on consultations undertaken with respect to these legislative changes.

Article 4(1). Development and periodical review of the OSH system in consultation with the social partners. The Committee takes note of the additional information provided by the Government on the consultations with the social partners on the OSH system in the different jurisdictions. It notes the Government’s indication that the federal Labour Program established the OHS Advisory Committee (OHSAC) as a key consultative forum for stakeholders, which collaborates on preventing occupational injuries, illnesses and accidents in federally regulated industries. The Government also provides information concerning the consultations that took place within this Committee and their outcome, as well as the consultative bodies and consultations held in the provinces of Alberta, Newfoundland and Labrador, and Saskatchewan. The Committee, however, notes that the Government has not yet provided such information with regard to Prince Edward Island, Northwest Territories and Nunavut, Nova Scotia and Yukon.

The Committee further notes that, according to the CSN, Quebec’s Occupational Health and Safety Advisory Council (CSST) has discretionary statutory power to identify the groups that will benefit from the mechanisms established by the Occupational Health and Safety Act (LSST) at Quebec’s provincial level, including preventative tools and committees. The CSN states that the groups identified by this body, however, mainly relate to jobs traditionally carried out by men. Jobs mainly occupied by women, including education and health and social services, are excluded. The CSN adds that if the risk for occupational accident is higher for the men, women’s jobs are more likely to cause occupational diseases. For example, as regards psychological harassment at workplace, where most plaintiffs are women, the LSST tools would enable addressing the issue from the perspective of prevention. The Committee also notes that the CSN observes that Quebec’s list of occupational diseases, established by the Occupational Accidents and Diseases Act, has not been updated since 1985. The Committee requests the Government to provide information on the consultations held with representative organizations of employers and workers concerning the development and the review of the OSH system in the jurisdictions of Prince Edward Island, Northwest Territories and Nunavut, Nova Scotia and Yukon, and on their outcome. The Committee also requests the Government to provide information on any consultations held with regard to the legislative issues in Quebec identified by the CSN, and their outcome.

Article 4(2). Required components of the national system for OSH. The Committee notes the information provided by the Government in reply to its previous request, concerning the bodies responsible for OSH regulative and compliance mechanisms existing in New Brunswick, Newfoundland and Labrador, Northwest Territories and Nunavut, Nova Scotia, Prince Edward Island and Yukon.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee notes that the CLC observes, that under section 140(1) of the Labour Code, the Minister of Labour may delegate powers, duties and functions of health and safety officers to any person deemed qualified. The CLC considers that there is a risk that the persons designated would not have the same guarantees of neutrality, independence and training as inspectors. The CLC also states that more inspectors are needed, indicating that only 10 per cent of the 12,321 “high risk worksites” received the minimum number of visits in 2005–07, and that federally-regulated workplaces have seen an increase in disabling injuries. In this regard, the Government indicates that it has increased the number of federal senior Health and Safety Officers (HSOs) to approximately one HSO per 12,000 workers. The Government also provides information about an increase of safety inspectors in Nova Scotia. The Committee requests the Government to continue to provide information on the measures taken to ensure that the necessary human and financial resources are allocated to achieve an effective compliance mechanism. The Committee request the Government to provide its comments on the issues raised by the CLC with respect to the delegation of powers, duties and functions of health and safety officers.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. The Committee notes that, according to the CLC, the databases maintained by the various OSH stakeholders are in many cases still paper-based. The CLC indicates that, in Ontario, the Workplace Safety and Insurance Board and the Ministry of Labour have different fatality statistics because they relate to different populations of workers, due to differences in legislative coverage, and that data collected by various stakeholders is not easily linked. In this regard, the Government indicates that the Labour Program has allowed regulated employers to submit their annual OSH reports using a web-based tool. The Government also indicates that the Labour Program data was discussed at length with OHSAC in January 2015. The Committee requests the Government to provide information on the measures taken to improve mechanisms for the collection and analysis of data, including mechanisms for sharing information between federal, provincial and territorial governmental levels.

Article 5. National programme. The Committee notes the Government’s statement that OSH programmes in Canadian jurisdictions are developed in consultation with employers’ and workers’ organizations. In this respect, the Government provides information about the consultations that took place at the OHSAC. The Committee also notes the Government’s indication that several initiatives have been taken at the federal level to fulfil the requirements listed in Article 5(2). With regard to Article 5(2)(a), the Committee notes the joint initiative of the Labour Program and the Canadian Association of Administrators of Labour Legislation Occupational Health and Safety, on promoting collaboration and sharing of information; and the joint lead of the Labour Program and the Ontario Ministry of Labour on an initiative to share best practices addressing psychological health and safety in the workplace. Funding was provided to non-governmental young worker injury organizations to develop an evidence-based framework for measuring and assessing young worker injury prevention initiatives. With regard to Article 5(2)(b) the Government indicates that the Labour Program also works with and supports the Canadian Standards Association, where subject matter experts form the Labour Program and from its counterpart provincial/territorial labour ministries participate in OSH standards development working groups. In relation to Article 5(2)(c), the Committee takes note of the quantitative and qualitative report presented by the Labour Program and of the fact that the OSH programme is subject to regular audits and evaluations. With regard to Article 5(2)(d), the Committee takes note of the informative table provided by the Government, which presents the objectives, targets and indicators of progress for 2013–14. Concerning Article 5(2)(e), the Committee takes note of the indications of the Government that it provides leadership by promoting OSH through the Canadian Centre for Occupational Health and Safety. The Committee also takes note of the information on the legal framework of the OSH programme, the promoting activities and the means of publicizing it in all the provinces and territories, except for Ontario and Manitoba. The Committee requests the Government to provide specific information on the formulation and implementation of OSH programmes, with respect to federal, provincial and territorial jurisdictions.

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

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.