OHS in Yukon

In Yukon (YK), Occupational Health and Safety (OHS) is legislated through the The Workers’ Safety and Compensation Act. 

To determine the number of employees, count anyone on the payroll who is expected to stay regularly employed. 

Employer’s duties under OHS 

To successfully manage safety and health in your workplace, you should first understand that as a business owner, you have obligations under the law. You must: 

• Ensure the safety and health of the people at or near your workplace
• Provide and maintain equipment, machines, and materials that are properly equipped with safety devices
• Provide information, instruction, training, supervision, and facilities to keep your workers safe
• Ensure that all workers are told about any health or safety hazards at your workplace
• Ensure that all workers know when and how to properly use all devices, equipment, and clothing required for their protection
• Conduct your business so that workers are not exposed to health or safety hazards
• Work with your safety and health representative if you have 5 or more workers
• Establish an occupational safety and health committee and program, if you have 20 or more workers
• Cooperate with anyone performing a duty or exercising a power under the Workers’ Safety and Compensation Act and Regulations.
• Make your workers aware of their four basic rights:
  • The right to know of any hazards in the workplace
  • The right to participate—to identify and resolve issues
  • The right to refuse dangerous work
  • The right to carry out duties or exercise safety and health rights without being subjected to discriminatory action 

OHS POLICY 

In Yukon, a health & safety policy is required as part of a health and safety management system. A health and safety management system is required when you have 20 or more workers regularly employed. You can access more information in the Health and Safety Management System Guide. 

Even if you are not required to have a health and safety program your business would benefit from having a health and safety policy. The policy should:  

• Be created in consultation with the Joint Health and Safety Committee, representative or workers.  
• Written and signed by senior management or business owner. 
• Posted in a prominent location in the workplace.  

You should review the OHS policy annually and update as needed to be current with workplace changes and government legislation. 

CFIB members can access a template Health and Safety policy in the Member Portal.  

OHS PROGRAM 

A Health and Safety Management System (HSMS) is required in Yukon if you regularly employ 20 or more workers.  
 
An HSMS is a health and safety program with 12 elements:  

• Health and safety policy 
• Hazard assessments  
• Emergency response plan 
• Statement of health and safety responsibilities 
• Regular workplace inspections 
• Written directions on co-ordination of health and safety 
• Health and safety orientation and training 
• Incident and injury investigation 
• Worker participation in workplace health and safety efforts 
• Plan to review and revise the HSMS 
• Maintaining required records 
• Additional content set out in the Regulations or ordered by the board  

Details about the elements required in the HSMS is available in Yukon’s Health and Safety Management System Guide.  

COMMITTEES & REPRESENTATIVES 

Representative 
In Yukon, a Worker Health and Safety (WHS) Representative is required when a business has 5 to 19 regularly employed workers. Regularly employed is not defined as a specific time frame. Count anyone on the payroll that is reasonably expected to stay employed.    

Each workplace should:  

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

The representative is responsible for:  

• Any function that a JHSC may typically do 
• 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.  

Employers must orient representatives to their duties within 30 days of being selected for these roles. Within 6 months of choosing the co-chairs and representatives, employers must ensure that these individuals are trained to competently perform their duties.  
 
Employers must also make sure that at least one worker representative is completely trained to participate in investigations of serious incidents, injuries, deaths and refusals of unsafe work. This training must be completed within 6 months of joining the committee.  
Employers are responsible for all costs of orientation and training for committee members and representatives.  
  
More information about health and safety committees and representatives is available here.  

Committee 
In Yukon, you are required to establish a Joint Health and Safety Committee (JHSC) when you have 20 or more regularly employed workers. Regularly employed is not defined as a specific period. Count anyone on the payroll that is reasonably expected to stay employed.    

The committee needs to:  

• Have at least 4 members 
• Have at least half of the members be elected by the workers and union 
• Have the other half selected by the employer 
• Have two co-chairs – one to represent the management and one to represent the workers 
• Be paid and given time away from regular duties to fulfill the role of the committee  

The JHSC is required to:  

• Hold monthly meetings or more frequently if needed 
• Record the minutes of every meeting and post in a conspicuous location 
• Participating in regular inspections and investigations of incidents 
• Making recommendations to the employer for improvements on health and safety issues 
• Encouraging workers to first report hazards and concerns to their supervisor  

Employers must orient committee members and co-chairs to their duties within 30 days of being selected for these roles. Within 6 months of choosing the co-chairs and representatives, employers must ensure that these individuals are trained to competently perform their duties.  

Employers must also make sure that at least one worker representative is completely trained to participate in investigations of serious incidents, injuries, deaths, and refusals of unsafe work. This training must be completed within 6 months of joining the committee.  

Employers are responsible for all costs of orientation and training for committee members and representatives.  

POSTERS, SIGNAGE, PRINTABLES 

All business in Yukon must ensure the following documents are posted in a visible and central location for all employees: 

• The Workers’ Safety and Compensation Act
• The safe work practices and procedures guidelines that you created based on your workplace
• A notice indicating that all injuries should be reported, and the first aid treatment received
• First Aid information including:  
  • the location of first aid supplies, equipment and service
  • the name of the person in charge of the first aid kit or room
  • the name and qualifications of each person trained to administer first aid at the workplace
• Details of your emergency procedure plan
• The names of joint health and safety committee members or your representative  
• List of your emergency contacts (for example, the nearest police station and/or medical facility, a number to request an ambulance, and fire station) 

VIOLENCE, HARASSMENT & BULLYING 

In Yukon, all employers must have a written policy and procedure indicating what everyone in the workplace must do to prevent violence and harassment. The policy should be created in cooperation with the health and safety committee/representative and reviewed at least every 3 years.

The policy must include:

• A statement about the expected behaviours and non-tolerance for violence and harassment in the workplace
• A statement of the employer’s commitment to eliminating or at least minimising violence and harassment
• A statement of the workers’ right to report
• Statement of confidentiality
• Statement of workers’ rights under other laws

The procedures must include:

• A summary of what the employer will do to eliminate or at least minimise the risk of violence and harassment
• Details on how workers bring a complaint to the employer
• Details on how workers make a complaint against the employer
• Description of how the investigation will proceed
• How results of the investigation will be shared
• What corrective actions may be taken
• Offer support to workers after and incident or complaint

More information, along with policy templates, can be found in the Workplace Violence and Harassment Prevention Guide. CFIB members can access template policies in the Member Portal. 

ORIENTATION & TRAINING 

Generally, training is based on a worker’s role and is determined by the workplace.   

Workers who are new at their jobs are much more likely to be injured during their first months on the job than at any other time. A timely and comprehensive orientation for workers is important to help prepare them to perform their jobs safely.   

Section 27 of the Act states an employer must provide their workers with the information, instruction, training, supervision, and facilities necessary to ensure that work is performed safely.   

Training may need to be customized for each workplace and job and should assess a worker’s competency at completion. Supervisors may need additional training on their specific responsibilities and on the hazards experienced by workers under their supervision.  

Employers with over 20 employees must develop a Health and Safety Management System. The HSMS requires those employers to develop an Emergency Response Plan. Employees must be trained on the Emergency Response Plan.  

Employers must orient committee members and co-chairs or representatives to their duties within 30 days of being selected for these roles. Within 6 months of choosing the co-chairs and representatives, employers must ensure that these individuals are trained to competently perform their duties.  

Employers must also make sure that at least one worker representative is completely trained to participate in investigations of serious incidents, injuries, deaths, and refusals of unsafe work. This training must be completed within 6 months of joining the committee.   

Employers are responsible for all costs of orientation and training for committee members and representatives.  

 YOUNG WORKERS 

Young workers are defined as workers under 19 years of age.   

There is no legal minimum age in Yukon for working, except for mining, where the minimum age is 16 years for surface mining and 18 for underground mines. 

The Young and New Workers Code of Practice provides practical guidance and covers hazard assessment, orientation, training, and supervision of young workers. 

WORKING ALONE 

While there are no specific requirements when it comes to workers working alone, it is best practice to put some safeguards in place, for example a Working Alone Procedure - CFIB members can access a template in the Member Portal. The procedure outlines how the employee will be checked on. 

The Code of Practice is generally made up of 4 parts: 

1. Emergency contact information
2. Identifying risks in the workplace
3. Establishing safe working procedures
4. Communication plan

ACCESSIBILITY  

Yukon does not currently have accessibility legislation for private enterprises; however, there are things that can be done to make your business more accessible.

Recommended steps for small businesses:

• Review your premises for physical barriers (entrances, washrooms, aisles).
• Train staff on accessible customer service.
• Develop a process for accommodating employees and customers with disabilities.

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  
Yukon requires all 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 aspects of the workplace. The definition of a workplace includes a vehicle, boat or aircraft used by an employer to transport one or more workers.  

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 

Visit CSA Group to purchase a copy or access a free, view-only copy of the standard 

First aid providers  
Yukon requires workplaces to follow CSA Z1210-17 Standard for first aid-training. 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. Yukon provides a list of approved first aid training agencies here.    

Other employer responsibilities - employers are required to:  

• Do a first aid hazard risk assessment 
• Provide and maintain all the first aid equipment including transportation
• Post information regarding the: 
  • Necessity of promptly reporting all injuries  
  • Location of first-aid supplies  
  • Name of the person in charge of first aid 
  • Name and qualifications of each person trained to administer first aid 
• An emergency communication procedure including a telephone list with emergency services 
• Provide the correct number of first aid trained providers on each shift  

A first aid trained provider is required to maintain a written record of:  

• The name of the worker that has the illness or injury 
• A description of the illness or injury 
• The first aid given to the worker 
• The name and qualifications of the person giving first aid 
• The date and time of the illness or injury 
• The date and time the illness or injury was reported, or the employer otherwise became aware of the illness or injury 
• Where at the work site the illness or injury occurred 
• The work-related cause of the illness or injury if any  

More information about Yukon’s first aid requirements can be found on the Workers’ Safety and Compensation Board website.  

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

An Emergency Response Plan is required as part of the Health and Safety Management System. Having an emergency response plan will also help you draft a Business Continuity Plan, a document that identifies hazards, ways to minimize risk, and ensures the minimum disruption to your business during an emergency. The Emergency Response Plan must be appropriate to the workplace and reference any hazard assessments related to the workplace. More information is available in the Health and Safety Management System Guide. 

A Communicable Disease Prevention Plan can also form part of the OHS program, and provides guidelines for employees who have, or suspect they have, a communicable disease such as the flu. CFIB members can access a template in the Member Portal.

We have information on our website regarding flood mitigation and the benefits of having a storm day policy. 

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. Returning to work is an essential part of the recovery process and can also help limit the impact a workers’ compensation claim has on your business if the injury is received at work. 

It is best practice to have a Return-to-Work Policy that clearly lays out the rights and responsibilities of both the employer and employee when injury occurs. Yukon WCB has a Return-to-Work Guide for Employers to help you with the return to work process. 

CFIB Article: Return to Work: Be prepared. Save your business