OHS in Prince Edward Island

In Prince Edward Island (PEI), Occupational Health and Safety (OHS) is legislated through the Workers’ Compensation Board of PEI.  

A worker is defined as anyone that is regularly employed full time, part time or seasonal (expected to last 3 months or more). 

Employer's duties regarding Health & Safety

• Take every reasonable precaution to ensure the health and safety of everyone at the work site.
• Train workers on workplace hazards and how to do their jobs safely, minimizing the risks.
• Ensure the business does not expose workers to health or safety hazards.
• Comply with the OHS Act and Regulations, and ensure workers comply with the legislation.  
• Maintain equipment and provide personal protective equipment.
• Provide appropriate supervision.
• Post a copy of the OHS Act and Regulations somewhere easily accessible to employees. 

Learn more about your duties as an employer: 

• Supervision – OHS App
• Health and Safety Responsibilities – Employer's Poster
• Health and Safety Responsibilities – Employer's Poster (en français) 

Employer responsibilities are laid out in detail in the Occupational Health and Safety Act and regulations. 

Worker's Duties 

• Reporting unsafe conditions and all injuries to your employer.
• Working safely and following health and safety rules.
• Asking for training if you need it.
• Using personal protective equipment as required.
• Cooperating with your health and safety representative or committee. 

Learn more about the duties of workers: 

• Duties of Workers - OHS App
• Health and Safety Responsibilities – Worker's Poster
• Health and Safety Responsibilities – Worker's Poster (en français) 

Worker's Rights

• Know about workplace hazards
• Participate and assist in identifying and resolving OHS issues
• Refuse unsafe work 

OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment & Bullying
Young Workers
Orientation & Training
Working Alone
Accessibility
First Aid
Emergencies, Hazards & Communicable Disease
GHS (WHMIS)
Return to Work

OHS POLICY 

A general OHS policy is required by all businesses with at least 5 employees. The policy must be written and easily accessible. 

A sample policy is available on the government website. CFIB members can also access a template Health and Safety Policy in the Member Portal.    

OHS PROGRAMS 

In PEI, employers with 20 or more workers must have an OHS program.  

An OHS program must: 

• Be written down.
• Reviewed annually.
• Include a comprehensive OHS policy.
• Identify the types of work that require health and safety procedures.
• Include occupational health and safety work practices and how they will be implemented.
• Include procedures for training workers in relevant occupational health and safety issues.
• Be available, and accessible, to view by all employees. 

The following resources are available to assist you to develop a safety program: 
OHS Program Components – OHS App

COMMITTEES & REPRESENTATIVES 

Health and Safety Representative 

In Prince Edward Island, a Worker Health and Safety (WHS) Representative is required when you have between 5 and 19 employees.   

Each workplace needs to:  

• Post the name of the representative in a prominent location 
• Ensure the representative is not connected with management 
• Is chosen by the workers or union  

The representative is responsible for:   

• Making sure health and safety hazards are identified, and complaints dealt with promptly
• Participating in regular inspections and investigating incidents
• Making recommendations to the employer to address health and safety issues
• Encouraging workers to report hazards and concerns to their supervisor 

More information about representatives is available here.  

Health and Safety Committee 

In Prince Edward Island, you are required to establish a Joint Health and Safety Committee (JHSC) when you have 20 or more workers in your workplace.  

To determine the number of workers at your workplace, you count anyone doing work for pay including full time, part time and seasonal workers that has worked, or is expected to work, for at least 3 months.    

The committee needs to:  

• Have the number of members that were agreed to by the workers and their employers 
• Have at least half of the members be elected by the workers and union 
• Have the other half selected by the employer  

 The JHSC is required to:  

• Establish a health and safety program.    
• Meet at least once per month during work hours. 
• Post the minutes from the meetings. 
• Post the names of the JHSC members in a prominent place.  
• Participate in regular inspections and investigations of incidents. 
• Make recommendations to the employer for improvements on health and safety issues.
• Encourage workers to first report hazards and concerns to their supervisor. 

 Specific training is not required for committee members; however, PEI offers a webinar on the Health and Safety Committee Basics that may be useful.  

POSTERS, SIGNAGE, PRINTABLES 

As an employer, you play an important role in preventing workplace injuries and promoting a safe and healthy workplace. In fact, under the Prince Edward Island (PEI) Occupational Health and Safety Act (OHS), you have a legal obligation to properly inform, instruct and supervise your employees and to do everything you reasonably can to protect them.  

PEI Occupational Health and Safety requirements differ depending on the number of employees employed by a business or level of risk of your business. This includes multiple locations. 

Every employer needs to post the following to be compliant: 

• Copy of the PEI OHS act (Occupational Health and Safety Act)
• Copy of the general OHS regulations (all workplaces except farms) (Occupational Health and Safety Act General Regulations)
• The current telephone number for reporting OHS safety concerns to WCB
• Any compliance orders from a Health and Safety Officer
• A copy of the Health and Safety Policy
• The names of the OHS committee members/representative and their contact information
• The minutes of the most recent OHS committee meeting
• Names and contact information of first aid providers
• Signs indicating where first aid kits are located
• Smoke free places act documentation including signs where smoking is and is not permitted 

VIOLENCE, HARASSMENT, & BULLYING 

All Prince Edward Island businesses are required to have: 

A Violence Risk Assessment.
The assessment must consider the following 4 factors. If the assessment determines risks, your business must find ways to eliminate or mitigate them.  

• The history of violence at that workplace
• A physical inspection of the workplace
• The history of violence at similar workplaces. Information could be obtained through industry associations, or by contacting similar businesses.
• Risk factors associated with violence  

A Violence Prevention Policy and an Incidence Report Form
The policy should include:

• A definition of workplace violence. The regulations set the minimum definition, but this can be expanded:
  • “The threatened, attempted or actual exercise of any physical force by a person other than a worker that can cause, or that causes, injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury.”
• A statement supporting any action that is intended to create a workplace environment free from violence and its consequences.
• The training programs available for prevention, control and elimination of violence.
• A list of measures that will be taken to intervene and manage violent incidents. This will include the level of management responsible for the actions and follow up.
• A commitment to effectively communicate and implement the policy.
• How information will be kept confidential

Download CFIB’s Violence Prevention policy in the Member Portal or find more information, including a violence incident report sample in PEI’s Guide to the Prevention of Workplace Violence.  

A Workplace Harassment Prevention Policy
In PEI you must have a Harassment Prevention Policy and investigate all reported incidents of harassment. The policy should include:

• a definition of harassment that is consistent with clause 1(b) of the regulations.
• a statement that every worker is entitled to work free of harassment.
• a commitment that the employer shall ensure, as far as is reasonably practicable, that no worker will be subjected to harassment in the workplace.
• a commitment that the employer shall take corrective action respecting any person under the employer's direction who subjects a worker to harassment.
• information or procedures about
  • how to make a harassment complaint to the employer or supervisor,
  • how to make a harassment complaint to a person other than the employer or supervisor, if the employer or supervisor is a subject of the complaint,
  • how a harassment complaint will be investigated, and
  • how the complainant and subject of the complaint will be informed of the results of the investigation and any corrective action that has been or will be taken as a result.
• a statement that the employer shall not disclose any identifying information about any person involved or the circumstances relating to the complaint to any person unless disclosure is
  • necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint, or
  • permitted by law.
• a statement that the employer’s harassment policy is not intended to discourage, prevent, or preclude a complainant from exercising other legal rights pursuant to any other law.
• a statement that the employer’s harassment policy does not preclude a worker from filing a complaint under the Human Rights Act.
• a statement that the employer shall not reprimand, seek reprisal or discriminate against a worker who has made a workplace harassment complaint in good faith.

For more information you can consult PEI’s Workplace Harassment Regulations frequently asked question document. CFIB members can access a template Harassment Prevention Policy in the Member Portal.  

YOUNG WORKERS 

Employers are responsible for the health and safety in their workplace, which includes the health and safety of young workers. There is no specific training for young workers; however, WCBPEI has created a Guide for Employers of Young Workers as well as a training video for young workers to watch. 

ORIENTATION & TRAINING 

There is no specific health and safety training required by all workers in PEI. Training is based on a worker’s role and is determined by the workplace. However, employers are responsible for ensuring all employees are familiar with the health and safety hazards in the workplace, and how to use any protective equipment, devices or clothing.  

The WCB partners with workers and employers in PEI to raise awareness about workplace hazards, and the need for safe and healthy workplaces. They offer a variety of services so that you can learn more about how workplace health and safety impact your business, industry and all Islanders.  

Workshops & Seminars — The WCB's Education Consultants are available to provide information on requirements under the Occupational Health and Safety Act, and assist you with developing health and safety programs. They offer workshops, including tailored sessions for your workplace.  

Workplace Health and Safety Conference — To build knowledge and awareness of current safety issues and best practices, the WCB hosts an annual workplace health and safety conference.  

Specific training is not required for committee members; however, PEI offers a webinar on Health and Safety Committee Basics that may be useful.    

WORKING ALONE

In Prince Edward Island, working alone means “a worker working at a workplace who is the only worker of the employer at that workplace, in circumstances where assistance is not readily available to the worker in the event of injury, ill health or emergency. 

Written procedures must include:  

• the name, address, location and telephone number of the workplace.
• the name, address, location and telephone number of the employer.
• the type of business conducted at the workplace.
• identification of the risks to each lone worker in connection to the work they do; and
• the steps to be followed to reduce or minimize these risks, including:
  • the time intervals for checking on the worker.
  • the person responsible for contacting the worker, and the results of each contact.
  • what steps will be taken if the worker cannot be contacted, including emergencies; and
  • how the worker will check in at the end of each shift.
• the details about how a lone worker can get, and the employer can provide, assistance if the worker is injured or requires help. 

The employer must follow these procedures and implement a training program about the procedures for each lone worker and each supervisor of a lone worker. 

Sample procedures available in WCBPEI’s Guide to Working Alone Regulations.

Those working alone must also have an emergency level first aid certification 

ACCESSIBILITY 

PEI does not currently have accessibility legislation.

FIRST AID 

First aid requirements are typically made up of 3 parts:  

• First aid kits and supplies 
• First aid trained providers 
• Other employer responsibilities  

First Aid Kits and Supplies 
Prince Edward Island requires workplaces to follow the CSA Z1220-17 standard for first aid kits. CSA Z1220-17 “First aid kits for the workplace” sets out the type, size (including a contents list) and number of first aid kits required, based on various factors of the workplace.  

The number of kits you need will be based on the number of employees you have, your industry (risk), and the distance from a medical facility.  

There are 3 types of kits:  

• Personal first aid kits are for workers who work alone, in isolation, or who do not otherwise have readily available access to a workplace first aid kit. 
• Basic first aid kits are more common and are suitable for most workplaces with a low-moderate risk work environment. 
• Intermediate first aid kits are suitable for workplaces with a higher risk work environment.  

 First aid providers  
The number of first aid trained providers depends on the number of workers during the shift, the type of work you do and the travel time to emergency services. Businesses with:  

• employees working alone must ensure that the employee has an emergency first aid certificate.  
• 1-19 employees must have at least one worker with a valid emergency first aid certificate. 
• 20-99 employees must have at least one worker with a standard first aid certificate. 
• 100 + employees (per shift) must have at least one advanced first aid trained provider.  

 Other employer responsibilities - All businesses need to:  

• Do a first aid risk assessment by a committee or competent person. 
• Post a sign in a visible place in the workplace indicating: 
  • the location of first aid kits in the workplace
  • the name and phone number of the workplace first aider(s) in the workplace  

First aid providers must keep written records of the name of:  

• Who was injured or ill
• The treatment and care provided
• A description of the incident
• Date of incident
• Name of the person providing emergency care
• Date the record was made 

The employer must keep this record for 3 years 

PEI’s First Aid guide is available with more information here.  

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

There is no legal requirement to have an Emergency Response Plan, a Business Continuity Plan, a Communicable Disease Prevention Plan, or an Evacuation Plan, but having them is definitely a best practice. 

Planning for different scenarios and making decisions now will put you a step ahead should disaster occur.  

Here are five things you can do to get prepared: 

• Assign responsibility for someone to manage the crisis
• Identify threats to your business
• Reduce the risks identified (where possible)
• Prepare an Emergency Response Plan
• Practice & test your plan (at least once a year) 

Ask yourself: 

• What are the potential natural disasters that could prevent you from operating as normal
• How will you communicate with your employees if there is an emergency?
• Are your records, documents, and employee files backed up?
• Have you assigned managers/key personnel to assist with an evacuation?
• Have you taken into consideration any employees with a disability? 

For more information on Emergency Preparedness, see our web post Emergency Preparedness: the five things you need to do.  

GHS (WHMIS) 

WHMIS (Workplace Hazardous Materials Information System) and GHS (Globally Harmonized System) are world-wide systems providing information on hazardous materials used in the workplace. Employees need to know how to work safely, but that doesn’t necessarily mean you need to implement costly training programs.

You can find information on our website and the Canadian Centre for Occupational Health and Safety website.  

RETURN TO WORK  

Return to work is a standardized process for when an injured employee is ready to reintegrate back into the workplace. 

All workplaces should have a Return-to-Work program. As an employer, you have a duty to inform all employees of the return-to-work program and their rights to accommodation. 

WCBPEI has a fact sheet regarding return-to-work for employers. 

CFIB members can access a full Return-to-Work package in the Member Portal.