Lesson 1: PEI's safety law and who enforces it
Workplace safety in Prince Edward Island is set by the Occupational Health and Safety Act and its General Regulations. The Workers Compensation Board of PEI (WCB) administers the Act. The WCB appoints a Director of occupational health and safety, and officers inspect workplaces and enforce the law.
General duties
- The employer must ensure every reasonable precaution is taken to protect people's health and safety, and provide training and supervision (s. 12).
- The worker must take every reasonable precaution to protect their own health and safety, use the protective equipment required, and follow the Act and the employer's safety rules (s. 16).
If you believe something at work is dangerous, section 16(2) sets the order: report it to your supervisor first. If it is not fixed, take it to the joint committee or health and safety representative, and then to an OHS officer.
A security guard's "workplace" includes a patrol vehicle. The Act's definition of workplace covers vehicles and mobile equipment used by a worker.
Lesson 2: PEI's working alone rules
Part 53 of the General Regulations covers working alone. You are working alone when you are the only worker of your employer at the workplace and help is not readily available if you are injured, become ill or face an emergency (s. 53.1). Night guards and mobile patrol officers often fit this definition.
What the employer's written procedures must include (s. 53.2)
- The risks to each worker working alone, found through a risk assessment
- The steps to reduce those risks
- The name, address and phone number of the workplace and the employer
- How the worker can get help, and how the employer will provide it, if the worker is injured or in danger
- The time intervals for checking on the worker
- The person responsible for contacting the worker and recording the results
- What to do if the worker cannot be contacted, including emergency rescue
- A check with the worker at the end of the shift
The regulations do not set one fixed check-in interval; the employer sets it for the job. The WCB's guide shows a sample call-in form with calls every two hours, as an example only. Higher-risk work needs more frequent contact.
- Both the employer and the worker must follow the procedures (s. 53.3).
- The employer must train each lone worker and each supervisor responsible for one (s. 53.4).
- A copy of the procedures must be available to an OHS officer on request (s. 53.5).
The WCB guide also suggests reviewing procedures at orientation and at least once a year, and listing higher-risk tasks that should not be done alone, such as work at heights.
Lesson 3: Workplace violence and harassment
Part 52 of the General Regulations covers violence. It defines violence as the threatened, attempted or actual use of physical force by a person other than a worker that can cause or causes injury to a worker (s. 52.1). It also covers threatening words or behaviour that give a worker good reason to believe they are at risk of injury. This fits many risks guards face from the public.
- The employer does a risk assessment that looks at past violence at the workplace, violence in similar workplaces, and the location and circumstances of the work (s. 52.2).
- The employer sets procedures, policies and work arrangements to eliminate the risk, or to minimize it if it cannot be eliminated, and to report, investigate and document incidents (s. 52.3).
- Workers must be told about the risk, including information about persons with a history of violent behaviour they may meet (s. 52.4).
- Workers must be instructed in recognizing the potential for violence, the procedures, and how to respond and get help (s. 52.4(3)).
- A worker who reports an injury or symptoms from violence must be advised to see a physician of their choice (s. 52.5).
Harassment
PEI's Workplace Harassment Regulations took effect on July 1, 2020. Every employer must have a written harassment policy, made with the committee or representative if there is one. It must include how to make a complaint, how complaints are investigated, a confidentiality statement and a ban on reprisal for complaints made in good faith. The employer must make the policy readily available to workers. Workers must keep complaint details confidential and cooperate with investigations.
Lesson 4: Your three rights and how to refuse unsafe work
| Right | How PEI law supports it |
|---|---|
| Right to know | Training and information about hazards, including violence risks (Act s. 12, Regs s. 52.4) |
| Right to participate | Joint committee at 20 or more workers (s. 25); a representative at 5 to 19 workers (s. 26) |
| Right to refuse | Refuse an act you have reasonable grounds to believe is likely to endanger you or another worker (s. 28) |
Refusal steps (s. 28)
- Report the concern immediately to your supervisor, who investigates promptly with you present.
- If it is not resolved, refer it to the joint committee or representative (or to an officer if there is neither).
- If it is still not resolved, refer it to an OHS officer, who investigates and gives written findings.
While the refusal is being looked at, stay available at the workplace during normal hours. The employer may give you other work at the same wages and benefits (s. 29). The employer must not give the refused work to another worker without telling them about the refusal. The employer and union must not take discriminatory action against you for using your rights (s. 30). A complaint about reprisal goes to the WCB in writing (s. 31).
Lesson 5: Reporting injuries
If you are hurt at work
- Get medical attention right away and tell the provider you were hurt at work.
- Report the injury to your employer soon after, and tell your committee or representative.
- File a Worker's Report with the WCB, even if you miss no time from work. It must reach the WCB within six months of the accident.
What the employer must do
- File an Employer's Report with the WCB within three days of being told about the injury.
- For a serious injury, send written notice to the Director within 24 hours, by the fastest means available (Act s. 36(1)), and tell the committee or representative. The WCB asks employers to phone the 24-hour line, 902-628-7513, right away.
- Report every accidental explosion, even if no one is hurt (s. 37).
Serious injuries include injuries that cause or may cause death, loss of a limb, unconsciousness, substantial loss of blood, a fracture, an amputation, a burn to a major part of the body, or loss of sight in an eye.
After a serious injury or death, no one may disturb the scene unless an officer says so, except to help injured people, prevent more injuries, or protect property in danger (s. 36(3)).
Mga sanggunian
- PEI Occupational Health and Safety Act
- WCB PEI OHS Guide: Working alone (General Regulations Part 53)
- WCB PEI: Guide to Working Alone Regulations
- WCB PEI OHS Guide: Violence in the workplace (Part 52)
- WCB PEI OHS Guide: Workplace harassment
- WCB PEI OHS Guide: Work refusal
- WCB PEI: Reporting an injury (employers)
- WCB PEI: Reporting an injury (workers)