Appendix A: Key Elements Checklist

DRIVE ALIVE: Building a Safe Driving Program

Appendix A: Key Elements Checklist

Complete this checklist to summarize your organization’s compliance with the key elements listed in this document.

KEY ELEMENTS CHECKLIST / YES / NO / ACTION /
Putting the safe driving program structure in place
The organization has secured the commitment of senior management
The organization has appointed a Program Leader
The organization has appointed a multidisciplinary steering committee to oversee the development and implementation of the program
The program was developed in consultation with the JHSC/HSR(s)
Workplace Risk Assessment
The organization has conducted an assessment of related internal documents
The organization has conducted an assessment of driver performance
The organization has conducted an assessment of vehicle use
The organization has conducted an assessment of driving environment conditions
The organization has conducted an assessment of work practices
The organization has conducted an assessment of materials being transported
The organization has distributed the risky driving habits questionnaire
Designing a Safe Driving Program
The employer has developed a Safe Driving Policy that communicates reporting and minimizing risks related to driving for work purposes
The employer has developed a reporting mechanism for motor vehicle accidents and near misses
The employer has designed a process that ensures prompt and detailed investigation of motor vehicle accidents
The employer has designed procedures to ensure environmental, administrative and work practice procedures that promote safe driving
Implementing the Safe Driving Program
There is a detailed plan for the implementation of controls to reduce risks associated with driver performance
There is a detailed plan for the implementation of controls to reduce risks associated with the vehicle in use
There is a detailed plan for the implementation of controls to reduce risks associated with the driving environment
There is a detailed plan for the implementation of controls to reduce risks associated with work practices
There is a detailed plan for the implementation of controls to reduce risks associated with materials or clients being transported
There is a marketing and communication strategy to promote the safe driving program
Evaluating the Safe Driving Program
There is a process to evaluate the safe driving program
Indicators (leading and lagging) have been selected for evaluation

Appendix B: Legislation

Occupational Health and Safety Act

The Occupational Health and Safety Act (OHSA) does not specifically mention safe driving. The provisions mentioned below can be applied to the workplace if driving for work purposes has been identified as a hazard in the workplace. In the following, committee refers to the joint health and safety committee and director refers to a director for the Ministry of Labour.

Workplace is defined as any land, premises, location or thing at, upon, in or near which a worker works. A motor vehicle, therefore, could in some cases be deemed
to be a workplace.

Duties of Employers:

·  Section 25(1)(b): Maintain the equipment provided by the employer in good condition

·  Section 25(1)(c): Carry out the measures and procedures prescribed in the workplace

·  Section 25(2)(a): Provide information, instruction and supervision to a worker ​
to protect the health or safety of the worker

·  Section 25(2)(d): Acquaint a worker or person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent

·  Section 25(2)(e): Afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the HSR of any of their functions

·  Section 25(2)(h): Take every reasonable precaution in the circumstances for the protection of a worker (This general duty clause can apply to the establishment of a Safe Driving Program if employees are required to operate motor vehicles in the course of their employment.)

·  Section 25(2)(j): Prepare and review, at least annually, a written occupational health and safety policy, and develop and maintain a program to implement that policy

·  Section 25(2)(l): Provide to the committee or to a health and safety representative results of a report respecting occupational health and safety that is in the employer’s possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety

·  Section 25(2)(m): Advise workers of the results of a report referred to in clause (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety. A supervisor shall provide a worker with written instructions as to the measures and procedures to be taken for the protection of the worker.

Duties of Supervisors:

·  Section 27 (1)(a): Ensure that a worker works in the manner and with the protective devices, measures and procedures required by the Act and the regulations

·  Section 27(2)(a): Advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware

·  Section 27(2)(b): Provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker

·  Section 27(2)(c): Take every precaution reasonable in the circumstances for the protection of a worker

Duties of Workers

·  Section 28(1)(d): Report to his or her supervisor any contravention of this Act or regulations or the existence of any hazard of which he or she knows (This requirement can be interpreted to include safe driving issues.)

·  Section 28(2)(b): Not to use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker (This might be extended to the safe operation of a motor vehicle according to the rules of the road under the Highway Traffic Act Part X.)

Health and safety representative

·  Section 8(11)(c)(i): An HSR has the power to obtain information from the employer respecting the identification of potential or existing hazards of materials, processes or equipment

·  Section 8(14): Where a person is killed or critically injured at a workplace from any cause, the HSR may inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings in writing to a director

Joint health and safety committee

·  Section 9(18)(d): A health and safety representative has the power to obtain information from the employer respecting the identification of potential or existing hazards of materials, processes or equipment

·  Section 9(31): The worker members may investigate cases where a worker is killed or critically injured at a workplace from any cause, and may inspect the place where the accident occurred and any machine, device or thing, and shall report his/her findings in writing to a director and to the committee

·  Section 51(1): Where a person is killed or critically injured from any cause at a workplace, the employer shall notify an inspector, the committee, health and safety representative and trade union immediately of the occurrence, and the employer shall send to a director a written report of the circumstances of the occurrence within 48 hours containing such information and particulars as the regulations prescribe.

·  Section 52(1): If a person is disabled from performing his or her usual work or requires medical attention because of an accident, explosion or fire at a workplace, but no person dies or is critically injured because of that occurrence, the employer shall, within four days of the occurrence, give written notice of the occurrence containing the prescribed information and particulars to the committee, the health and safety representative and the union; and to the director, if an inspector requires notification of the director.

·  Section 52(2): If an employer is advised by or on behalf of a worker that the worker has an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by on behalf of the worker, the employer shall give notice in writing, within four days of being so advised, to a Director, to the committee or a health and safety representative and to the trade union, if any, containing such information and particulars as are prescribed.

Health Care and Residential Facilities Regulation

General Duty to Establish Measures and Procedures

·  Section 8: Every employer in consultation with the JHSC/HSR shall develop, establish and put into effect measures and procedures for the health and safety
of employees.

·  Section 9(1): The employer shall reduce the measures and procedures for the health and safety of the employees established under Section 8 to writing and such measures and procedures may deal with, but are not limited to, these:

-  Safe work practices

-  Safe work conditions

-  The proper use, maintenance and operation of equipment

-  The reporting of unsafe or defective devices, equipment or work surfaces

-  The use, wearing and care of personal protective equipment and its limitations

·  Section 9(2): At least once a year the measures and procedures for the health and safety of the employees shall be reviewed and revised in the light of current knowledge and practice.

·  Section 9(3): The review and revision of the measures and procedures shall be done more frequently than annually if,
(a) the employer, on the advice of the JHSC/HSR, determines that such a review is necessary; or
(b) there is a change in circumstances that may affect the health and safety of a worker.

·  Section 9(4): The employer, in consultation with and in consideration of the recommendation of the JHSC/HSR, shall develop, establish and provide training and educational programs in health and safety measures and procedures for employees that are relevant to the employees’ work.

Highway Traffic Act RSO 1990

Part IV: Driver, Driving Instructor

·  Section 31: Driving is a privilege granted only to individuals who demonstrate they are likely to drive safely

·  Section 32: An appropriate driver’s licence is required and the conditions stated in the licence must be followed

·  Section 48.3: A police officer may request a driver to surrender his or her driver’s licence if a breath sample indicates that the concentration of alcohol in his/her blood is 50 mg or more of alcohol in 100 ml of blood

·  Section 53: No person shall drive when their driver’s licence is suspended

Part VI: The equipment required for a vehicle to be considered roadworthy:

·  Section 62: Lamps, including headlights, tail lights and side markers, should be available and working

·  Section 64: Brakes should be maintained in good condition

·  Section 66: Vehicles should have a device that is controlled by the driver to clean rain, snow and other moisture from the windshield; mirrors must be securely attached to the vehicle and placed so that the driver has a clear reflected view of the roadway to the rear

·  Section 69: Vehicles should be equipped with suitable tires that are not broken or defective

·  Section 73: No object or poster, etc. should be placed in the windshield or windows that may obstruct view

·  Section 75: A muffler should be in good working order and in constant operation

·  Section 79: Radar detectors are prohibited

·  Section 84: No person shall drive or permit the driving of a vehicle on a highway that is in a dangerous or unsafe condition

Part IX: Speed limits

·  Section 128: Outlines speed limits

·  Section 130: Penalties for careless driving

Part X: The rules of the road

Part XIV: Records and Reporting of Accidents and Convictions

·  Section 199: Every person who is directly or indirectly involved in an accident shall report to the nearest police officer if the accident results in personal injuries or in damage to property exceeding $1,000

Part XV – Procedure, Arrests and Penalties

·  Section 207: In some cases, the owner of a vehicle may be charged with an offence for which the driver of the vehicle is subject to be charged unless the vehicle was in possession of the driver without the owner’s consent (This section should be reviewed for all the particulars.)

General Regulation 596 under the Highway Traffic Act

·  Outlines the specifications for equipment on the vehicle including headlamps, tire widths and seat belts, and establishes the value of damage to property listed in section 199(1) of the Act, as well as duties to report an accident.

Transportation of Dangerous Goods Act and regulations

·  Employees involved in the shipping, transporting or receiving dangerous goods (e.g., chemicals or biological samples) must receive transportation of dangerous goods training every three years. A certificate is issued, and must be carried on
the employee at all times when they are working.

Criminal Code of Canada

·  Dangerous Operation of Motor Vehicles – Section 253-255 outlines the processes and penalties involved if an operator is suspected of operating a vehicle while impaired by the use of alcohol or drugs.

Appendix C: Sample Terms of Reference: Safe Driving Multidisciplinary Committee

Goals:

·  To support the organization’s goal of increased staff and client safety by promoting safe driving

·  To provide a safe working environment, thereby reducing the number and severity
of staff injuries related to motor vehicle incidents/accidents

·  To raise awareness of risks of motor vehicle incidents among all stakeholders

Purposes of the committee:

·  To conduct a risk assessment of organizational factors related to safe driving

·  To develop policies and procedures related to safe driving

·  To identify desired outcomes based on policies, procedures and best practice

·  To participate in the selection of control measures and implementation strategies

·  To assess learning needs of staff related to safe driving

·  To develop a training program for employees based on the learning-needs assessment and desired outcomes

·  To coordinate the implementation of the training program for staff

·  To conduct an evaluation of the training program based on the desired outcomes