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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for several work stations, inconsistent application of control measures across similar operations, missing or outdated Safety Data Sheets for 4 chemical products in active use, and inspection records that showed gaps of up to 6 months between documented workplace inspections in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.

Hazard Identification: Methods, Triggers, and Who Is Responsible

Every workplace contains hazards, though not all of them announce themselves with warning signs or obvious danger. A hazard is any source of potential harm, whether that harm manifests as physical injury, psychological damage, illness, or property loss. The process of identifying these hazards before they cause harm sits at the very heart of occupational health and safety law across Canada. Without systematic hazard identification, employers cannot fulfill their fundamental duty to protect workers, and employees cannot meaningfully participate in keeping themselves and their colleagues safe. This lesson examines how Canadian workplaces identify hazards, what events or circumstances should trigger renewed identification efforts, and who bears responsibility for this critical ongoing function.

The legal foundation for hazard identification flows from the general duty clauses found in occupational health and safety legislation across all Canadian jurisdictions. The Canada Labour Code, which governs federally regulated workplaces such as banks, telecommunications companies, interprovincial transportation, and federal Crown corporations, imposes on employers the duty to ensure that the health and safety of every person employed by them is protected while working. As of the date of authorship, this duty appears in Part II of the Code and has been interpreted consistently to require proactive measures, not merely reactive responses to incidents that have already occurred. Provincial legislation mirrors this approach. British Columbia's Workers Compensation Act and the Occupational Health and Safety Regulation made pursuant to it require employers to identify and assess hazards arising from the work being performed. Alberta's Occupational Health and Safety Act demands that employers ensure the health and safety of workers and other persons at or near the worksite, a duty that necessarily implies knowing what hazards exist. Saskatchewan's Saskatchewan Employment Act contains similar provisions, as does Ontario's Occupational Health and Safety Act, which places a general duty on employers to take every precaution reasonable in the circumstances for the protection of workers. Quebec's approach through the Act respecting occupational health and safety similarly requires employers to identify, control, and eliminate dangers to worker health and safety, though the province's distinct civil law tradition and its integration of prevention programs through the Commission des normes, de l'équité, de la santé et de la sécurité du travail adds unique procedural dimensions that employers operating in that jurisdiction must understand.

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