“… we should not be driven by the scientific dogma of yesterday or even the scientific dogma of today.  We should be driven by the precautionary principle that reasonable steps to reduce risk should not await scientific certainty.”

The WSIB is an important part of the “worker safety system” referred to by Justice Campbell.  The Board should demonstrate a leadership role by including this principle as the guiding principle in the accreditation program and in all prevention initiatives of the WSIB.

It cannot be over emphasised that for the accreditation audit to be meaningful it will need to verify that the health and safety policies, programs and procedures established by the employer are in fact practised by the employer in the workplace.  For instance, a lock-out procedure written and put on a shelf is of value only if the workers affected have been trained, the necessary equipment is provided, the employer ensures that the procedure and equipment are maintained and that all of this is regularly reviewed with meaningful input from the Joint Health and Safety Committee (JH&SC) and updated as is necessary.

The accreditation audit has the potential to play an important role in the prevention of future occupational diseases.  The importance of the “health” aspect of the health and safety audit cannot be over emphasized.  A superior health and safety program would not simply have policies, equipment and procedures for controlling exposures.  This is the minimum under the legislation.  Even where exposures are maintained at a fraction of the legal limit, if the ability to do so is technically and economically feasible, then this is also arguably required under the general duty clause of the Occupational Health and Safety Act. This duty requires employers to do everything reasonable in the circumstances for the protection of a worker.  A superior program would actively look for safer substitutes for toxic substances and processes.  Encouraging the substitution of hazardous substances is Ministry of Labour policy.  According to the Ministry of Labour (MOL) Statement of Environmental Values (SEV), the MOL is “encouraging the substitution of hazardous substances with those that are less hazardous”.

It will be important for the WSIB to check the use of temporary workers in the workplace.  Increasingly employers in Ontario are using staff from employment agencies or simply hiring workers on temporary contract as a means to avoid their duties to provide health and safety training for workers and eliminate the need to consult with workers on matters that impact their health and safety.  If these workers dare to raise a health and safety concern the employer need only contact the agency and tell them to send someone else tomorrow, or in the case of contract workers they simply do not get the contract renewed.  This is distinct from the use of construction or repair contractors which should also be considered in the audit.