Introduction
The term “innocent until proven guilty” is a phrase that has been heard many times before. However, when referring to occupational health and safety laws, the parties are “guilty until proven innocent”. In the field of occupational health and safety, legislation is direct, and it follows strict liability protocols (Zimmermann & Ross, n.d.).
Once there is proof that an act has occurred, “a strict liability offence will lead to a conviction unless the defendant can prove that they exercised due diligence” (Zimmermann & Ross, n.d., p. 1).
Contravention from my recent employer
When working on scaffolding, it is quite common to see our employees working above (3m) on the highest platform of a tower, without wearing their fall protection system. Unless a worker wears a personal fall arrest system, they are not allowed to perform work where there is no guardrail system present. Depending on the type of scaffold, workers must be protected by a guardrail system, as defined in Part 14 in Manitoba legislation, a fall arrest system, or both.
Another safety challenge we are faced with is preventing falls whilst erecting a supported scaffold. With conventional systems such as tube and clamp scaffolding systems, the guardrails can only be installed safely while standing on the top platform. In these cases, employees must wear a personal fall arrest system.
Controlling the Hazard
The standard above gives employers and employees two options: a personal fall arrest or a guardrail system. Although the situation and the specifications of the scaffold may influence the choice, we strongly recommend using a guardrail system. This choice is based on one important difference between the two: one is prevention, the other a cure.
Controls
Elimination
The preferred solution to all fall hazards is elimination. The reason for exposure to the fall hazard is challenged and evaluated to determine if a change in the procedure, practice, location, or equipment will eliminate exposure to the fall hazard.
Substitution
After eliminating fall hazards a fall restraint system is the next stage of the fall protection hierarchy. Fall restraint systems prevent you from falling through either travel restriction or work positioning. With travel restriction, workers are attached to a fixed-length line that prevents them from travelling to close to an opening or edge.
Engineering
Guardrail system requirements 14.3 subject to section 14.6, “an employer must ensure that a guardrail system is used where there is a risk of a worker falling in any of the circumstances set out in subsection 14.1(1)” (Government of Manitoba, 2016, p. 161).
Administration
Safe work procedures 14.2(1) “An employer must (a) develop and implement safe work procedures to prevent falls at the workplace; (b) train workers in the safe work procedures; and (c) ensure that workers comply with the safe work procedures” (Government of Manitoba, 2016, p. 160).
Personal Protection Equipment (PPE)
Fall protection systems 14.6: “When the use of a guardrail system is not reasonably practicable or would not be effective, an employer must ensure that the worker is protected by at least one of the following fall protection systems: (a) a travel restraint system; (b) a fall arrest system; (c) a safety net; (d) another fall protection system approved by the director” (Government of Manitoba, 2016, p. 162).
Conclusion
Other factors that speak in favor of guardrail systems over personal fall arrest are not as much safety related but, they do weigh in on the decision. For instance, supplying sufficient personal fall arrest systems for each employee can be a costly method. Employees will also need to have sufficient user-knowledge and training for its selection and use of the right harness and installation of the fall arrest device. With the guardrail system, employees have more freedom of movement without having to worry about wearing a safety harness all day.
A personal fall arrest system will stop an employee from hitting a lower surface, but the fall still occurs. This is solely a cure for the problem. Rather, a properly installed guardrail system will prevent the fall from happening altogether.
References
Government of Manitoba. (2016). Manitoba Workplace Safety and Health Act and Regulation.
Retrieved from https://www.gov.mb.ca/labour/safety/pdf/1_2016_wsh_ar_oc.pdf
Zimmermann, G. F., & Ross, M. L. (n.d.). Occupational Health & Safety Legislation Framework
and the Demand for Due Diligence. OHS legislation framework and the demand for due diligence, 1–11. Retrieved from https://www.mross.com/law/digitalAssets/1/1407_1PDF_File.pdf
