11.5 Summary
The irony of Alison MacPhee-Lay’s case discussed at the beginning of the chapter is that she might have won her complaint had she waited until the grill proposal was implemented. If customers were in the room and she was required to use it, she may have been able to invoke her right to refuse— although no one can be sure whether that hazard would have been deemed an “imminent danger.” This case highlights one of the shortcomings of Canada’s health and safety system: it prioritizes procedural issues (i.e., did the worker refuse correctly) over substantive ones (i.e., was there a legitimate OHS hazard).
The current OHS regime was intended to empower workers to advocate for their own health and safety. Instead, it has entrenched employer power to control the work process. Workers do advocate for their own interests, but they often do it in spite of the system rather than because of it. The system has become highly technical and specialized, separating the issues from the people who are most affected by them—workers. The evolution of the system is best understood within a context of capitalism and the ways in which employers under capitalism act to further their interests.
Nevertheless, change is always possible in any system. Existing processes and structures in the safety regime can be utilized to make change. Advocates must also step outside the formal structures to force change from the outside. It is the combination of strategic engagement with the structures and mobilization of workers that will ultimately make workers safer.
Discussion Questions
- How does the practice of OHS differ from the intention of its designers in the 1970s? Why?
- What features of IRS have led to the reproduction of the power imbalance in the workplace?
- What factors led to changes in how governments enforce OHS regulations in Canada
- What are the key features of an effective OHS advocate?
Exercises
- Reread the case of 15-year-old Andrew James at the beginning of Chapter 3 and write 150-word answers to the following questions:
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- What hazards were present at the worksite?
- How would you prioritize the identified hazards?
- What controls should have been implemented?
- Compare your answers to those you wrote when you did the exercise at the end of Chapter 3. How have your answers changed after reading the rest of the textbook? What practical steps would you take to try to implement change at that workplace?
- Consider your workplace, or a workplace you are familiar with, and write 150-word answers to the following questions:
- Which aspects of IRS are functioning properly?
- Where are areas for improvement?
- Identify five ways in which you would improve the practice of health and safety at that workplace.
