Occupational Health and Safety in Ontario Workplaces

Workplace and Employee Health

There is a widespread relationship between work and health that is seemingly imperceptible to many. The duties we perform, the settings in which we work, and the various aspects of labor market experience and health services delivery all have a major impact on the work-health relationship of individuals. This is a crucial issue, as work constitutes a major portion of our lives. The majority of us will devote nearly 40 years or more to individual work environments — five days a week, eight hours daily — which translates to nearly a third of our lives spent on the job. Although the nature of work has changed remarkably over the last half-century, the present-day workplace has given rise to new forms of morbidity and disability. Current research findings reveal that one in five claims for lost time involves work-associated repetitive stress injuries. (Building Healthier Workplaces: Institute for Work & Health Annual Report 2001)

Work-related musculoskeletal disorders (WMSDs) are the leading cause of disability in the workplace in North America. Roughly 85% of the working population will experience back pain at some stage of their working life. These new realities of the workplace create special challenges for prevention, detection, medical treatment, and compensation. The costs — both direct and indirect — of workplace injury and illness are rising. In 2000, $5.7 billion in workers' compensation benefits were paid across Canada to cover injured workers' healthcare treatment and rehabilitation, with more than $2.3 billion of that total allocated to Ontario alone. Motivating people to return to work following injury can be as challenging as detecting WMSDs in the first place. Recent policy changes in Ontario have transferred the responsibility for primary and secondary disability prevention to workplaces. Research at the Institute for Work and Health — an independent, philanthropic research organization working to minimize illness and disability in Ontario's working population — investigates the effects of these changes and evaluates which factors best support injured workers' return to work. (Building Healthier Workplaces: Institute for Work & Health Annual Report 2001)

According to Scientist Dr. Renée-Louise Franche, a core area of the Institute's research is the role of work accommodation for injured employees. The Institute recognizes that work accommodation can play a vital role in helping workers resume employment after injury in the most efficient manner. The way in which work is organized — at the individual, job, department, and corporate levels — can profoundly affect a person's health. A range of risk factors, from physical and ergonomic concerns such as workstation positioning to organizational factors such as employee recognition and job control, contribute to work-associated health problems including WMSDs. Work organization has been a consistent research theme at the Institute for Work & Health. Previous research conducted with General Motors Canada, and ongoing studies with the Toronto Star, have established the groundwork for a series of studies examining how work organization shapes biomechanical and psychological work exposures. The Employee Survey of Working Environment — a web-based survey — is credited as the first online tool developed by the Institute and is designed to help organizations identify stress-related issues in their workplaces relative to Canadian norms. (Building Healthier Workplaces: Institute for Work & Health Annual Report 2001)

Among the various projects in progress, a particularly significant undertaking is an extensive survey of WMSDs in Ontario. A series of studies under this initiative will document WMSDs and the variations in injury and functional recovery across different regions, ranked by provider type and severity of interaction, as well as variations across genders, industries, and professions. Numerous societal-level forces influence working lives and individual health outcomes. (Building Healthier Workplaces: Institute for Work & Health Annual Report 2001)

Within the research theme of labor market experience and health, researchers are evaluating the association between upstream labor market factors — such as unemployment, occupational hierarchy rank, income inequality, and the type of work — and their effects on individual health. Research led by Scientist Director Dr. Cameron Mustard examined how position in the occupational hierarchy may function as a determinant of health status. Studies found that employees in the lowest organizational ranks faced a heightened risk of declining health status. In the case of men, this risk was partly explained by workplace organizational factors and participation in health-risk behaviors. (Building Healthier Workplaces: Institute for Work & Health Annual Report 2001)

Gender segregation of the working population produces gender differences in the work environment, resulting in unequal exposure to hazards and differential health outcomes. Even after controlling for hours worked, men continue to sustain more accidents and injuries at work than women. However, women report higher rates of upper limb disorders and stress. Occupational cancer is more prevalent among men, though certain professions — such as food service and some manufacturing industries — show higher rates among women. Asthma and allergies appear to be more frequent among female workers than male workers. (European Agency for Safety and Health at Work)

Gender Issues in Occupational Health and Safety

The primary sources of respiratory exposure in women's work include cleaning agents, sterilizing agents, and latex-dust-containing gloves used in the healthcare sector, as well as dusts in textile and garment manufacturing. Women are more prone to skin diseases — for instance, from working with wet hands in professions such as catering, or from skin contact with cleaning agents or hairdressing chemicals. Men, on the other hand, are more susceptible to hearing loss due to noise from production machinery and tool operation, though women in garments and food production can also be exposed to high decibel levels. Women working as nurses face elevated exposure to infectious diseases. Women also report more upper limb disorders, with increasing cases found in certain high-frequency repetitive tasks predominantly performed by women — such as light assembly work — in which workers have limited control over how they perform their duties. For both genders, high stress levels arising from work demands are a significant concern and are not exclusively a women's problem. (European Agency for Safety and Health at Work)

Nevertheless, certain stressors disproportionately affect women because of the roles they typically occupy. These include emotionally demanding work in which they have little control over the nature of their tasks. Discrimination and sexual harassment in the workplace also constitute sources of stress injury that women encounter far more frequently than men, as does the burden of unpaid domestic work at home. Women workers often have greater public-facing exposure in roles such as receptionist, help desk agent, or telecaller, and are therefore more frequently exposed to work-related violence. Gender differences in social and employment conditions that affect occupational safety and health cannot be overlooked. Since gender inequity both inside and outside the workplace can affect women's occupational safety and health, it must be mainstreamed into equality programs. (European Agency for Safety and Health at Work)

The limited participation of women at all stages of occupational safety and health consultation and decision-making also results in less attention being paid to their OHS needs and inadequate risk assessment when they are not effectively consulted. Substantial evidence indicates that adopting a gender-neutral approach to OHS perpetuates knowledge gaps and leads to less effective prevention. Specifically, it results in: (i) gender differences being obscured or ignored; (ii) less attention given to research areas more relevant to women; (iii) inadequate estimation of the degree of risks to women; (iv) lower participation of women in OHS decision-making, since affirmative action is not taken to ensure their inclusion; and (v) failure to select the most effective preventive solutions. (European Agency for Safety and Health at Work)

Although numerous laws and directives on gender equality have been enacted, the approach of occupational safety and health directives has generally remained gender-neutral — meaning OHS frameworks do not specifically address gender. A notable exclusion is certain areas of paid domestic work, which is predominantly performed by women. Moreover, many OHS standards and exposure limits for hazardous substances are based on male populations or laboratory tests weighted toward male work environments. Additionally, occupational accident and disease classifications used for compensation purposes tend to favor accidents and health conditions more common among men. These issues require urgent attention. Enhancing gender sensitivity in risk prevention is essential — gender sensitivity involves incorporating consideration of gender issues, variations, and inequalities into strategies and actions. (European Agency for Safety and Health at Work)

Drawing on the findings of global organizations such as the International Labour Organization and the World Health Organization, key recommended steps for workplaces include: (i) adopting a gender-sensitive approach to risk assessment and ensuring that information and training on gender issues in OHS are provided; (ii) building connections between equality and OHS activities — for example, incorporating working conditions into equity policies and addressing matters such as sexual harassment and work-life balance within OHS initiatives such as stress prevention programs; and (iii) examining issues such as job flexibility and enrichment, as well as the working schedules of both women and men, so as to improve work-life balance. (European Agency for Safety and Health at Work)

Concurrently, when designing OHS standards, it is essential to determine what type of standards to adopt. For example, which types of procedures have the greatest likelihood of achieving optimal policy outcomes? Which methodologies are most likely to influence organizational behavior, remain flexible, deliver safety and health benefits at reasonable cost, provide genuine control to employers, and be straightforward to enforce? Three primary types of standards are available to safeguard OHS: specification standards, performance standards, and process or systems-based standards. These alternatives are not mutually exclusive, but they are theoretically distinct. Given the significant benefits that a systems-based approach can offer for enhanced OHS — in terms of public and employee relations, and ultimately for organizational outcomes — it is worth debating whether organizations can be relied upon to adopt such systems voluntarily, or whether the industry's self-interest in improving OHS is sufficient to achieve optimal results through market forces alone. (Gunningham & Johnstone, 14)

It is reported that one in seven young workers is injured on the job in Canada. Why are young people between the ages of 15 and 24 particularly susceptible to occupational injuries or illness? The causes vary. Young people may be vague about their own mortality and are keen to make an impression on others, leading them to take on new challenges without fully appreciating the risks. As inexperienced workers, they may not recognize workplace dangers or know how to avoid injury, and many are reluctant to ask questions. It is important that new workers receive training before beginning any task, with clear, repeated instructions provided at regular intervals over the first several weeks. In some cases, the initial information may be overwhelming, and workers need to hear it more than once. Beyond providing training, employers must also communicate to young workers that it is always better to ask when they are uncertain. The sooner everyone develops a safety-first mindset about their work, the better it is for all parties. (Young and the New Workers, 4)

Workplace Health Laws and Standards in Ontario

In Canada, employment standards are enforced under the Employment Standards Act, 2000 (ESA), which sets out the minimum standards that employers and employees must follow. The Ministry of Labor's Employment Standards Program: (i) enforces the ESA and its regulations; (ii) provides information and education to employers and employees, making it easier for people to understand and voluntarily comply; (iii) investigates probable violations; (iv) resolves complaints; and (v) conducts proactive reviews of payroll records and workplace practices. (Ontario Employment Standards)

In Ontario, workers' rights are protected by both federal and provincial labor laws. The Canada Labour Code prescribes labor standards for federally regulated sectors such as banking and interprovincial transportation. Human Resources Development Canada (HRDC) is the federal department responsible for delivering labor programs and services. Nearly all workers in Ontario are covered by the Ontario Employment Standards Act and the Occupational Health and Safety Act. The provincial body responsible for labor matters is the Ontario Ministry of Labor. Employers must pay a minimum wage and provide a safe and secure work environment, among other obligations. (What Are Basic Working Conditions in Ontario?)

Workers also have legal responsibilities of their own, making it important for them to stay informed about the laws that keep them healthy, safe, and fairly treated. The Ontario Employment Standards Act covers: hours of work; minimum wage and overtime; public holidays; vacation time and pay; pregnancy and parental leave; job termination and severance pay; and the process for filing a claim. The Occupational Health and Safety Act (OSHA) covers: (i) the rights of female workers; (ii) duties of employers and other persons; (iii) the right to refuse unsafe work; (iv) the right to cease work; (v) matters relating to toxic substances; and (vi) the Workplace Safety and Insurance Board (WSIB). Where workers believe their rights have been violated, they may file a claim with the local Ministry of Labor office or submit an application to the Ontario Labour Relations Board. (What Are Basic Working Conditions in Ontario?)

The Ontario Employment Standards Act, 2000 sets minimum standards for informed, fair, and efficient workplaces. Since the government is obligated to provide secure, just, and healthy workplaces, the ESA gives employees and employers the flexibility to design work arrangements that meet current personal and business needs. The ESA helps workers achieve better conditions, which in turn enables employers to benefit from more productive work, and helps Ontario attract jobs and investment. Nearly all employees and employers are covered under the Act, with exceptions for: (i) federally regulated sectors such as banking, airlines, and interprovincial transportation, as well as radio and television broadcasting; (ii) employees of the Crown, who are exempt from most but not all ESA provisions; (iii) police officers; (iv) individuals holding political, judicial, religious, or trade union offices; (v) participants in work experience programs approved by schools, colleges, or universities; (vi) individuals required to perform community participation to qualify for social assistance; and (vii) inmates participating in work programs. (Employment Standards Act)

Key provisions of the ESA include: (i) Pregnancy and Parental Leave — expectant mothers are entitled to 17 weeks of pregnancy leave and 35 weeks of job-protected parental leave; all other new parents are entitled to up to 37 weeks of leave. If each parent of a newborn takes the maximum permissible leave at different times, the child could have a parent at home for up to 89 weeks. (ii) Emergency Leave — any employee working for an employer with a regular payroll of 50 or more people may take up to 10 unpaid, job-protected emergency leave days per year. This leave is available in situations involving personal illness, injury, or medical emergencies, as well as death, illness, injury, or urgent matters affecting specified family members. (Employment Standards Act)