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The elevator inspection section is responsible for the administration of the Elevators and Lifts Act. All new elevators are inspected during installation and are also load tested before being put into service. Ski-lifts, ski-tows, T-bars, etc., all come within the scope of the act. Annual inspection of equipment is a requirement of the Elevators and Lifts Act. The advent of high-rise apartments and office buildings has kept us extremely active in the area of inspection of elevators and lifts.
The factory inspection section is responsible for the administration of our new Industrial Safety Act.
The Industrial Safety Act was passed at the 1965 session of the legislature and the Factories Act repealed at the same time.
Originally effected in 1901, the Factories Act was one of the earliest statutes affecting labour in Canada.
The Industrial Safety Act is designed to ensure safety and health of employees in modern industrial situations, recognizing the effects of automation and advanced technology.
While the old Factories Act is now repealed, many sections and provisions of the former legislation are being continued.
The new legislation provides for greater flexibility and adaptability to changing conditions. Whereas the old Factories Act provided for minimum standards in establishments powered by steam, water, or other mechanical means, the Industrial Safety Act applies to any industrial establishment where any form of thermal, electrical, hydraulic, aerodynamic, kinetic, chemical, nuclear, solar, or other form of energy is used to move or work any machinery or device employed in cleaning, dyeing, preparing, manufacturing, finishing, or repairing.
Expressly excluded from coverage of the act are mines, horticultural enterprises, farming operations, and premises used for raising fowl or livestock, or places where homework is done.
As before, the act enables the Minister of Labour to appoint persons to be inspectors. In addition to the responsibilities and authorities the inspector previously held, he may investigate on behalf of individuals who are no longer in the industrial establishment.
The Industrial Safety Act provides that an inspector may give directions either orally or in writing. If requested, the directions (although given orally) may be put in writing, or may be appealed. Provision is made for immediate closure of an industrial establishment or any part of an industrial establishment where conditions are believed injurious to health and safety.
Requirements for reporting fires, injuries, and fatalities are stated in the act.
In respect to employment of youths and young girls, the act requires that a certificate of birth be kept on file where the person is employed.
A new provision is introduced whereby no person may knowingly sell, lease, or transfer possession of any machine if the machine does not comply with the provisions of the regulations unless he discloses the condition of the machine.
As under the Factories Act, plans of a building or alteration of a building intended for manufacturing must be scrutinized by an inspector.
Further, the act provides that the chief inspector may grant preliminary or conditional approval of a plan. It is proposed that regulations will be drafted to provide for such preliminary or conditional approval where such plans are designed by qualified persons.
Contrary to early legislation regulating safety and health in industry, where the legislation stated certain minimum standards, the Industrial Safety Act enables codes, rules, and standards to be drafted or adopted in recognition of the continually changing nature of manufacturing. Such regulations may include minimum standards in relation to sanitation, lunchrooms, toilet facilities, seats, ventilations, illumination, first aid supplies, personal protective equipment, handling and storage of materials, use of tools and equipment, safety guards for equipment, fire protection, and employment of youths and young girls.
The importance of research into industrial accidents and the need to promote occupational safety have been taken into account in the new act. The Minister is authorized to undertake safety research projects, where appropriate, in cooperation with the Federal Government, another Province, or with any person or organization undertaking similar research. He is also empowered to undertake programs designed to promote occupational safety and health and to prevent industrial accidents.
There is authority under the act for the Governor in Council to extend its provisions to the construction industry. This has not yet been done, but the Minister of Labour recently appointed a tripartite consultative committee on industrial safety, with myself as chairman to assist in the development of effective regulations under the Industrial Safety Act, and to give consideration to the extension of the coverage of the act to the construction industry.
The appointment of this committee came about as a result of an expression of opinion by delegates to a tripartite industrial safety conference, sponsored by the Department of Labour, that to be most effective, regulations drawn up under the act should be the result of the combined views of labour, management, and government. With this conference recommendation in mind, the Minister of Labour appointed the consultative committee.
In the Province of Nova Scotia, as in most other Provinces in Canada, there is an accident prevention association which carries on a safety educational program among employers assessed under the Workmen's Compensation Act of the Province. The accident prevention association receives an annual grant from the workmen's compensation board to carry out this work.
The Industrial Safety Division of the Department of Labour, the accident prevention association, and the workmen's compensation board, which supplies the department with accident statistics, work in very close cooperation. An interesting development which took place in the Province of Nova Scotia this year was the appointment by the Minister of Labour of a technical consultant to assess the effectiveness of the statistical research and educational programs being carried on in the industrial safety field by the Industrial Safety Division of the Department of Labour, the workmen's compensation board, and the Nova Scotia Accident Prevention Association, and to make recommendations with respect to future programs.
The Industrial Safety Division is headed by a professional engineer, who has the title of director. He is directly responsible to the Deputy Minister. Each section is headed by a chief inspector who is required to have a high school education and a number of years of experience in industry at the foremanship level, with a technical background pertinent to the act administered. Each chief inspector is responsible to the director. The inspectors must have similar educational and technical background but need not have as much experience in industry as a chief inspector. In addition to the inspectors, of course, clerical and stenographic staff are required.
The salaries paid for the various positions are established by the Civil Service Commission, and are comparable to those paid for similar positions in private industry.
Standards are statutory in that regulations under our safety acts provide for the acceptance of recognized codes and standards with modifications, where necessary, to suit the particular needs of the Province.
Regulations should be of a general nature basically with specific requirements for an industry where operation may involve, for example, a chemical or process setup as removed from the large majority of plants which are essentially mechanical. For example: 1. A steel mill could have specific foundry requirements in
addition to general regulations.
2. A pulp mill could have specific requirements relating to
handling waste products and gases. 3. A processing plant (chemical, oil) could have specific re
quirements for handling many products that would be com
bined or refined to make up the finished product. The philosophy in the Province of Nova Scotia is that if legislation is to be introduced that involves spending of public money, it must be introduced as a Government measure.
Before such legislation is introduced in the legislature, it first must be approved by the Governor in Council and then must receive endorsation by a party caucus. Once the legislation receives approval at these two stages, its passage is ensured in the legislative assembly, where the Government holds a majority of seats. If legislation is introduced by the Government and is subsequently approved by the legislature, the Government feels it has an obligation to see that the legislation is administered efficiently. Consequently, as far as budget for administering safety legislation is concerned, there is not too much problem, except to justify to Government that the budget asked for is necessary to effectively enforce the legislation.
Some Provinces attempt to recover the cost of their operations by adjusting or extending fees. We recover only about one-fifth of our total expenditure by way of revenue from fees. Good administrative statistics are desirable for an efficient workload. Our inspections are scheduled so far as is practicable. Our inspections are recorded in a workbook and reported on a monthly basis.
I have attempted to deal briefly with the subjects suggested by the chairman for inclusion in this panel. If there are any matters which I have touched on which you would like clarified or amplified, I shall be pleased to attempt to answer your questions.
President CATHERWOOD. Thank you, Ray, for that excellent coverage.
I am sure it is interesting to all of us to see the universal nature of the problems with which we are concerned in the safety field; also to observe the different stages of progress that prevail. One jurisdiction will be ahead of the rest of us in one area and another jurisdiction will be ahead in another. The language we use varies. But still you have this great backlog of common interest in all jurisdictions in the safety field.
We come now to the third member of the panel.
It is a pleasure to introduce, at this time, Carl Mattei, Director of Division of Industrial Service in the New York Department of Labor.
CARL J. MATTEI, Director, Division of Industrial Safety,
New York Department of Labor The staffing of a State safety division will depend on many factors. The prime factor will, of course, be the limitations imposed by budget allowances. The size of a State and the location or concentration of the workload imposed on the division, by either laws or rules, will also affect the staffing. Notwithstanding these factors, however, and in order to stay within the limits of my topic, I shall stay within what I consider an average safety division in an aver
Within every safety division, one will probably find two broad areas of activity-enforcement and education. Some States will combine these two functions within each bureau or area of enforcement, while some will keep educational activities entirely separated from enforcement. Few State safety divisions are conducted by the same field staff as are the enforcement and educational activities. Some smaller safety divisions can and do function with a high degree of effectiveness, even though these activities are combined and conducted by the same field staff. This is particularly true in States where the largest industry is agriculture. Physical conditions contributing to accidents on farms are considerably less than those found in manufacturing establishments, and, hence, integrating these functions can be most effective. A typical example of this system can be found in the safety division of the Commonwealth of Puerto Rico. I might add that in Puerto Rico, this system is very effective and is producing excellent results.
In the area of enforcement, I believe the enforcement field staff should be specialists. By this I mean there should be construction safety experts in the field of construction; the factory, safety experts in mechanical technology; and in other areas of enforcement, such as mines, boilers, etc., there should likewise be experts in the particular area.
To a great degree, the qualifications of enforcement staff will depend upon the type of safety rules which are enforced. If the rules are specification type for a given set of circumstances and specific requirements are set forth, persons with technical background or craftsmen can perform the duties of the position. If, on the other hand, rules are basically performance in nature, a higher degree of competency is necessary in field staff. Performance codes do not specify the "how" but deal in general terms, such as "all machinery must be safe.” This type of code imposes upon field staff a greater responsibility. The relative merits of one type of code over another is a separate subject which I will not get into.