Hazard Assessments completed on-line

[Pat Almond]

From the "Due Diligence" perspective one or two of my clients have asked the following question:

" We have our people send us their Hazard Assessments on-line - but there are no signatures - just a list of names of those who took part. How would this stand up in an OH&S Audit or in a court of law?"

Comments please.

Pat Almond GSC, NCSO
Amygdalus Technical Training
Calgary, Alberta

[tagpicpac]

It may be ok but it depends on the judge...

If the email is sent from an authorized party at the workplace, it should be ok.

Be Safe,

Sunny

[Pat Almond]

Sunny:

Thanks - but I need something a little more definitive than this. Does any one have a precedence setting case they can refer me to?

Have a safe week,

Pat Almond

[Tom Doyle]

Hi Pat,

Your clients need to ask themselves a couple of questions.

In the unfortunate event that a worker was injured would the risk assessments prove that the employer met the following obligation or would they show that the employer had placed this burden on the workers? (I think the latter)

From Alberta's
OCCUPATIONAL HEALTH AND SAFETY ACT
Obligations of employers, workers, etc.
2(1) Every employer shall ensure, as far as it is reasonably practicable for the employer to do so,
(a)the health and safety of
(i) workers engaged in the work of that employer, and....

If there was not an injury but an order was written, would the risk assessments submitted online satisfy this inspection requirement? (I think not)
25 A Director may, by written order,
(a) require a prime contractor, a contractor or an employer involved in work at a work site to regularly inspect the work site for occupational hazards, and...

In short, worker protection is an employer obligation. It includes identifying hazards, assessing risk, determining and implementing risk controls, and monitoring the effectiveness of the chosen control strategy. What you have described does not seem to demonstrate they have met all of the employer obligations.



(http://www.isafetyi.com/)

[Sionnain]

Pat, could you not send it in electronically, and follow up with a signed review sheet via snailmail?

[Pat Almond]

Sionnan:

What I have decided to do is to go back to paper HAs.

Thanks,

Pat

[Brian Nodwell]

Pat,

I'm sorry to hear that you lost faith in the online system and decided to go back to paper. Most elements of safety management are migrating to the internet, and hazard assessments should be no different. Pieces of paper are hard to track and tend to get lost, whereas online databases are easy to query and available to any authorized user, regardless of where they work.

There is a simple way to satisfy the legal "signature" requirements for online solutions. Modern safety management systems (like SafetySync (http://www.safetysync.com/default.aspx) or OSH Works (http://www.ccohs.ca/products/oshworks/)) require users to provide a login and password when accessing the system. The system will then track who submitted the hazard assessment (and presumably who followed up on any action items resulting from the assessment). This security functionality has long been accepted in banking and purchasing systems, where the legal requirements are similar, if not more stringent.

There is always the possibility that a person shares their login information with other users, but this activity is rare and actually considered fraudulent, so companies are generally protected against this type of inappropriate use.

I think some day judges will expect all safety paperwork to be tracked electronically. It has already happened in accounting... Imagine a Chief Financial Officer going to court to defend an accounting-related charge with double-entry journals and cardboard boxes full of receipts and invoices. The prosecutors would have a field day!

[Fred Bron]

Hello Pat, I believe I have found you a form of precedence, although out of jurisdiction and under a different topic. WorksafeNB has a section on their website which interprets legislation, the link taking you directly to the relevant part. This interpretation is for submitting signed copies of the JHSC minutes, but it could apply to your situation as it is from a government department allowing this action if you retain a hard copy on site. Hope it helps.
http://www.worksafenb.ca/docs/A%2014(10)%20JHSC%20-%20Minutes%20of%20meetings.pdf

Fred

[Pat Almond]

Fred:

Many thanks - actually I am doing exactly what WorksafeNB says I should, hanging on to the original after scanning. I was originally hoping to cut down on the vast amount of paper records we have to produce in safety, ah well!

Pat

[Melissa]

JMO,
I maintain all of my risk assessments (and many other H&S documents), electronically as these can quickly change when new or changed processes are implemented and can be updated more efficiently electronically.



The key is a good procedure for document control. I have an document control procedure, record retention procedure and matrix to prove control of the original document. When paper and electronic records are produced, both are maintained.



Electronic documents are not only more efficient, but they assist with your companies cost-cutting and green initiatives by reducing paper and toner usage and eliminate the need for archival storage areas and fees (if applicable).






Additional info:

Legal recognition of electronic information and documents

4. Information or a document to which this Act applies is not invalid or unenforceable by reason only of being in electronic form. 2000, c. 17, s. 4.
Electronic Comerce Act
http://www.search.e-laws.gov.on.ca/en/isysquery/918cb577-b691-45dd-8d1e-777e6e7efe48/1/frame/?search=browseStatutes&context=

*The above does have some exemptions, like wills, etc.


A set of recorded information that is recorded or stored on any medium in or by a computer system or other similar device and that can be read, perceived or heard by a person or a computer system or other similar device. It includes a
display, printout or other output of that data.
Source: CAN/CGSB 72.34.2006 – Electronic Records as Admissible Evidence and Canada Evidence Act section 31.8

[Pat Almond]

I thank everyone for their input - but the question remains the same. No real signature - we still have to rely on actual paper. Setting up personal passwords is likely unrealistic and very problematic.