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Major Topics
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Federal and Provincial Legislation
Arc Flash is addressed legislation at both the provincial and federal levels. All provincial occupational health and safety acts have a general duty clause requiring employers to take reasonable precautions to ensure their employees' health and safety.
To prevent injuries from Arc Flash Hazards, employers and employees should take these steps:
Federally, as of March 31, 2004, B C-45 established a duty under the Criminal code of Canada for employers, managers and supervisors to ensure workplace health and safety. Under the code as amended by Bill C-45, there is no specific limit on fines against a corporation that's found guilty, and individual representatives of a corporation can receive a maximum sentence of life imprisonment if convicted of criminal negligence causing death.
Under section 217.1 of the Criminal Code of Canada, individuals, organizations and corporations can be convicted of criminal negligence for failure to take reasonable steps to protect the lives and safety of workers and public.
The definition of those who fall under the purview of section 217.1 is fairly broad. If you direct a person to perform a task, you now have a legal duty to protect that person - it's not just managers and appointed supervisors who are liable under Bill C-45, but everyone who undertakes directing others (this includes lead hands and plant forepersons).
Due-Diligence
OHS allows for an individual or corporation charged with a violation to avoid liability by showing that every precaution was taken in the circumstances. This is known as the defense of "due diligence". Six essential elements of due diligence are:
To prevent injuries from Arc Flash Hazards, employers and employees should take these steps:
- Employers should conduct a hazard/risk assessment and implement control measures to protect the worker against arc flash hazards.
- Develop and implement an arc flash hazard program that meets the CSA Z462 Standard or equivalent.
- Workers should be trained to understand the hazard, how it is initiated, and how to use appropriate PPE.
- Wherever practical, workers should be discouraged from working on energized equipment, ensure that work is carried out only by qualified competent person(s) after equipment is de-energized and locked out, in accordance with CSA Standard Z460-2004 - Control of Hazardous Energy, or equivalent.
- Electrical equipment such as switchboards, industrial control panels and motor control centers in other than dwelling occupancies which are likely to require examination, servicing or maintenance while energized, shall be field marked to warn qualified persons of potential electrical Arc Flash hazards.
Federally, as of March 31, 2004, B C-45 established a duty under the Criminal code of Canada for employers, managers and supervisors to ensure workplace health and safety. Under the code as amended by Bill C-45, there is no specific limit on fines against a corporation that's found guilty, and individual representatives of a corporation can receive a maximum sentence of life imprisonment if convicted of criminal negligence causing death.
Under section 217.1 of the Criminal Code of Canada, individuals, organizations and corporations can be convicted of criminal negligence for failure to take reasonable steps to protect the lives and safety of workers and public.
The definition of those who fall under the purview of section 217.1 is fairly broad. If you direct a person to perform a task, you now have a legal duty to protect that person - it's not just managers and appointed supervisors who are liable under Bill C-45, but everyone who undertakes directing others (this includes lead hands and plant forepersons).
Due-Diligence
OHS allows for an individual or corporation charged with a violation to avoid liability by showing that every precaution was taken in the circumstances. This is known as the defense of "due diligence". Six essential elements of due diligence are:
- Workplace Hazard Analysis
- Corporate Safety Policy and Implementation Program
- Specific Critical Task Policies and Procedures
- Training Procedures for Workers, Supervisors, Managers
- Enforcement of Health and Safety Procedures
- Supervisor Competence
