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Hazard Identification and the Hierarchy of Controls
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A regulatory inspection report sits on the desk of the operations manager at a mid-sized metal fabrication facility in southwestern Ontario, and its findings have prompted an urgent review of the company's entire approach to workplace safety. The facility employs approximately 85 workers across 2 shifts, operating cutting, welding, grinding, and finishing processes that expose workers to a range of physical, chemical, and ergonomic hazards. The inspector's report, issued following an unannounced visit 3 weeks earlier, identified multiple deficiencies: incomplete hazard assessments for several work stations, inconsistent application of control measures across similar operations, missing or outdated Safety Data Sheets for 4 chemical products in active use, and inspection records that showed gaps of up to 6 months between documented workplace inspections in certain production areas.

The facility has operated for 12 years under its current ownership, and until 18 months ago, its safety record was unremarkable. A lost-time injury rate that had held steady at roughly 2.3 incidents per 100 workers began climbing after the retirement of a long-serving health and safety coordinator whose institutional knowledge had never been formally captured in written procedures or documentation. The replacement coordinator, hired from outside the organization 14 months ago, inherited binders of paper records in varying states of completion, an electronic filing system with no consistent naming conventions, and a joint health and safety committee that had been meeting irregularly. Worker training records existed for initial WHMIS orientation but showed no evidence of refresher training or job-specific hazard communication for workers who had changed roles within the facility.

The most recent incident preceding the inspection involved a worker who sustained burns to both forearms while operating a plasma cutting station. The investigation revealed that the required heat-resistant sleeves had been available but not worn, that the hazard assessment for that station had last been reviewed 27 months earlier despite equipment upgrades in the interim, and that the worker had received no documented training on the specific hazards of the upgraded equipment. The employer now faces decisions about how to rebuild its hazard identification processes, what methodology to apply when assessing and prioritizing risks, how to structure control measures in accordance with legal expectations, what documentation practices will satisfy due diligence requirements going forward, how frequently and thoroughly to conduct workplace inspections, and how to communicate hazard information effectively to workers who speak 4 different first languages across the workforce.

Workplace Inspections: Frequency, Documentation, and Follow-Up

Workplace inspections serve as the backbone of any effective occupational health and safety program, functioning as the systematic process through which employers identify hazards before those hazards cause injury, illness, or death. The practice of regularly examining the workplace to detect unsafe conditions and behaviors represents one of the most fundamental obligations employers hold under Canadian occupational health and safety legislation. Across all Canadian jurisdictions, the legal framework establishes that employers bear primary responsibility for ensuring workplaces remain free from recognized hazards, and workplace inspections constitute the principal mechanism through which this duty transforms from abstract obligation into concrete action.

The legal foundation for workplace inspections emerges from the general duty clauses found in occupational health and safety statutes across Canada. The Canada Labour Code, which governs federally regulated workplaces including banking, telecommunications, interprovincial transportation, and federal government operations, requires employers to ensure the health and safety of every person employed by them. Provincial legislation echoes this requirement with varying language but consistent effect. The Occupational Health and Safety Act of Ontario mandates that employers take every precaution reasonable in the circumstances for the protection of workers. British Columbia's Workers Compensation Act and its associated regulations impose duties on employers to ensure the health and safety of all workers at the workplace and to comply with the Act, regulations, and applicable orders. Alberta's Occupational Health and Safety Act requires employers to ensure, as far as reasonably practicable, the health and safety of workers. Saskatchewan, through its Saskatchewan Employment Act, establishes parallel obligations. Quebec's Act respecting occupational health and safety, which operates within that province's distinct civil law tradition, similarly obligates employers to take necessary measures to protect workers' health, safety, and physical and psychological integrity. As of the date of authorship, these general duty provisions remain consistent across jurisdictions in establishing that employers cannot passively wait for accidents to occur but must proactively seek out and address workplace hazards.

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