The Alberta Government is currently reviewing suggestions for changes to the Occupational Health and Safety (OH&S) Code and is seeking public consultation. UNA submitted a number of suggestions for changes to the Code that apply to nurses.
The proposals were then submitted to a "Code Changes Review Working Group" which was made up of three representatives from labour (unions) and three employer representatives. The group was chaired by a government Workplace Safety representative.
The members of the working group reviewed the suggested changes and recommended either to accept or reject the suggestions by consensus. Labour was able to achieve some significant improvements in the Code provisions. If the group could not agree then the changes were left as non-consensus items. In previous Code reviews non-consensus items were posted for public feedback - this time they are not included in the public consultation.
When a draft of the accepted suggestions was sent out to working group members the labour representatives were shocked to find out that the Chair of the working group unilaterally changed the wording of the accepted items which in some instances changed the intent and weakened the provisions. In addition, the Chair refused to include a suggestion to change the Working Alone provisions despite the fact that this change was accepted by both labour and employer representatives.
We need to send a message to the Alberta Government that Health and Safety of Alberta's Health Care Workers cannot be ignored. Health Care has one of the highest rates of work related illness and injury in Alberta.
We need your help! We are asking our local representatives and members take the time to participate in the public consultation process. It is easy to do. Just click on this link to the Employment and Immigration website to begin. You have until June 30, 2008 to submit your input.
UNA's recommendations for changes
The process is similar to an online survey. You will be asked if you accept or reject the recommendation (for acceptance) or if you wish to modify all or part of the recommendation.
Not all of the parts or sections will apply to nurses so you do not have to respond to those that do not apply. We are asking that you provide feedback on the following:
Part 2 - Hazard Assessment, Elimination and Control
8(1) Delete "If reasonably practicable" - this change will make it mandatory for the employer to involve affected workers in the process of hazard assessment, elimination and control. We recommend acceptance
Part 7 - Emergency Preparedness and Response
115(2) Change "consult with" to "involve" affected workers in establishing the emergency response plan. This change will ensure worker participation. We recommend acceptance
Part 14 - Lifting and Handling Loads
New definition of "Safe Patient/Client Handling - this wording has been changed from what was agreed upon by the working group. It should read:
"The use of engineering controls, lifting and transfer aids or assistive devices, by lift teams or other trained staff, instead of using caregiver's body strength to perform lifting, transferring and repositioning of patients."
The change in wording clearly changes the intent of what was agree upon. Patient lifts and transfers are the key source of back injury in health care workers. We recommend that the definition be modified as above (in italics).
209.1 (1) Worksite design - this provision was supposed to have included "community setting,including their own home or a vehicle". Nurses perform work in a variety of settings including mobile clinics. the deletion of the reference to community, home or vehicle has limited the scope of this legislated requirement and is inconsistent with the changes in Part 18. We recommend that the recommendation be modified to include community setting, home and vehicle.
210 (1) & (2) New language requiring the employer to develop and implement a safe/patient handling program and evaluation of that program.We recommend acceptance.
210 (2) Musculoskeletal injury is to be considered a hazard. We recommend acceptance.
211 (1) & (2) Requires expanded training for workers. We recommend acceptance.
Part 18 - Personal Protective Equipment
244 New definition(health care worker), (1) & (3) Changes are specific to health care workers and will strength the current language. Includes a requirement to provide all nurses with N-95 respirators and annual quantitative fit-testing (considered best practice). We recommend acceptance.
Part 35 - Health Care and Industries With Biological Hazards
New definition of Medical Sharp - wording changed from what union and employers agreed upon. Should include "broken glass and broken capillary tube" Change in wording limits definition of a sharp. We recommend modifying the suggestion to add the deleted items.
Definition of " Parenteral Contact" & "Safety Engineered Medical Sharp" We recommend acceptance.
525.1 (1) & (2) & (3) & (4) Ensures that employer implements safety engineered medical sharps, develops safe work procedures and training for workers. We recommend acceptance.
525.1 (5) Change to agreed upon language. Added "and limitations" to provision. This change was not discussed by the working group and it makes no sense. We recommend modifying the suggestion to delete "and limitations".
New 530.1 (1) The working group's accepted suggestion did not include the word "visible". This was added by the government representative. The change weakens the provision. Mould can exist inside of porous building materials and may not be visible. In the past Health Care employers have tried to tell us that if they can't see the mould then they do not have to deal with it. We recommend modifying the suggestion to delete the word "visible".
Missing Suggestions
Part 28 - Working Alone - The working group agreed to accept the following change to the working alone provisions:
"The Minister may, by Ministerial Order
(a) designate an industry, occupation or worksite to require at least two workers to be present at a worksite at which work is being carried out.
(b) place restrictions on time, conditions or circumstances in which working alone will be allowing in an industry, occupation, or worksite."
We recommend that you include a request that this suggested change be added at the end of the survey (other comments section).
Part 35 - Biological Hazard 530.1 (3) The working agreed to add this section to the new provision dealing with mould. "Where mould exists or may exist as a result of water leakage or flooding, an employer must take steps to prevent the growth of mould". It is important to include the wording "or may exist" into the suggested change.
We recommend that you include a request that this suggested change be added at the end of the survey (other comments section) or to add the words "or may exist to section 530.1 (1).
THANK YOU FOR YOUR ASSISTANCE IN ENSURING STRONGER OHS LEGISLATION FOR HEALTH CARE WORKERS!
Janice Peterson Occupational Health and Safety Officer United Nurses of Alberta |
