Executive Summary
Unsafe work or operation of equipment that may cause an undue risk or hazard to an employee before, during and after an employee’s shift should be refused at all times (Worksafe BC, n.d.). This is the approach that an organization should adopt to ensure the safety of employees as well as the protection from liability.
At PBJK Burgers there is an absence of a work refusal policy and procedure, essentially making the company not in compliance with the Occupational Health and Safety Regulation of BC,(“OHSR”). As a result of this from a human resource professional perspective the following key issues were identified that PBJK Burgers needs to ensure:
• Supervisors are equipped with the knowledge and skills to deal with unsafe work refusals.
• Employees are trained on identifying unsafe hazards.
• PBJK Burgers must have a work environment culture that cultivates support regarding refusals.
With this in mind the reference manual aims to ensure the above is achieved and answered.
Through research with Worksafe BC and a risk assessment it was identified that the following were common hazards at PBJK Burgers: slips, trips, falls, burns musculoskeletal Injuries, improper lifting/use of equipment and cleaning agents. This creates a medium to low risk, but without a policy or procedure leaves the company susceptible to loss. The loss could include negative impacts such as, brand damage, penalties, low employee morale, low productivity, higher injury rates and thus increased premiums.
Building on this our analysis highlights the importance of section 3.12 of the OHSR procedures for work refusal. This section outlines the specific basic steps that should be completed to ensure the due diligence of PBJK Burgers. Appendix 11.0 provides a detailed flow chart to follow for PBJK Burgers.
Additionally section 3.13 of OHSR and section 150 of the Workers Compensation Act, (“WCA”), set out that no discriminatory action can be applied to the employee. As well as that PBJK Burgers has a duty to provide alternative work at no loss of pay if the hazard is not fixed (OSHR, 2013,[s 3.13] WCA, 1996, [s. 150]).
Overall outlined were the responsibilities of each the employer, employee and supervisors. This included highlighting the policy and procedures and ensuring all due diligence practices were followed in accordance to section 3.12 and 3.13 of the OHSR.
The second half of this manual examines the impacts and return on investment, (“ROI”) of the recommended initiatives.
The first recommendation is for the organization to adopt an aggressive approach to increasing safety. This should be adopted to align with PBJK Burgers mission and goals. The target is to reduce the experience rating from +14.5% to -50% to separate PBJK Burgers as an industry leader in safety.
Next, our second initiative is to train current staff on identifying work place hazards. This is a 1 hour program that will be facilitated by management and supervisors. Workbooks and lesson plan will be provided by Worksafe BC to ensure credibility of information. A power point will be constructed to make the training interactive and visually appealing. A test will be given and a certificate upon completion. To ensure supervisors and management have the skills to train a subject matter expert, (“SME”), will be brought in to give 3 hours of training to management. Content will include materials taken from Worksafe BC and the Ministry of Labour. The trainings will occur in house to be cost effective and will be conducted in groups of five to minimize the effect to daily operations. The training also addresses new employees who will have this incorporated into their orientation.
The current Joint Health and Safety Committee, (“JHSC”), will be given greater support by allotting 1 hour paid time for attending safety meetings. In addition they will be required to conduct hazard assessments and 6 minute safety briefs with all staff on a monthly basis. This is to touch base on changing initiatives and hazards.
To address the challenges as a result of the initiatives it was determined that the SME should emphasize the requirement of safety to management and supervisors. This includes stressing the importance of brand damage, administrative penalties and the potential legal implications for PBJK Burgers.
Finally the benefits of our initiatives are analyzed. Intangible benefits include, improved employee connection to management and supervisors, improved employee morale, increased retention rate, higher productivity, and higher customer satisfaction. The monetary benefits include a decrease in premiums of $3,465. Additionally PBJK Burgers will avoid the Worksafe BC administrative penalty of $25, 625 and $5,000 in claim costs.
The total costs for our initiatives are $7,632.50. This includes training 115 existing employees at $1,265, 35 management and supervisors at $1,995 and materials expense of $3,000. The on-going training expense for the JHSC for the 6 minute sessions will be $172.50 and for 1 hour of paid training at $1,200.
The final return on investment was then calculated to be 3.47. This is 347% which translates that PBJK Burgers will save $3.46 for each dollar they spend on the above initiatives.
Lastly to ensure our initiatives are measured accurately, the information collected by the JHSC during the monthly hazard assessments will include the number of injuries per month. This will calculate the frequency and ensure that program is on its way to providing 0 injuries and achieving the target of -50% experience rating and a reduction in Worksafe premiums.
In conclusion the adoption of the initiatives’ is vital to PBJK Burgers to distinguish the company as an industry leader in safety, ensure due diligence and protect the organization from any costly penalties and or legal implications.

Table of Contents
Executive Summary ii
1.0 Introduction 1
2.0 Company Overview 2
3.0 Key Issues 3
4.0 Potential Negative Impacts to Organization 3
5.0 Hazards in the Workplace 4
6.0 Regulatory Scan and Legal Issues 4
6.1 OHSR: Section 3.12-3.13 4
6.2 Workers Compensation Act: Section 150 5
6.3 Limits to the Right to Refuse Unsafe Work 5
6.4 Payment and Penalties 6
6.5 Employer Responsibilities 7
6.6 Supervisor Responsibilities 8
6.7 Employees Responsibilities 9
6.8 JHSC Responsibilities 9
7.0 Initiatives 10
7.1 Organization Initiatives 10
7.2 Workplace Initiatives 12
7.2.1 Implement a Unsafe Work Refusal Policy Statement 12
7.2.2 Train Staff on Unsafe Work Refusals and Hazards in the Workplace 12
7.2.2.1 Training Managers 14
7.3 New Employees 14
7.4 Provide Support for the Joint Health and Safety Committee 15
7.4.1 Hazard assessment to be conducted every month 15
7.5 Challenges 16 8.0 Costs, Benefits and ROI 17
8.1 Benefits 17
8.1.1 Intangible Benefits 17
8.2 Costs Avoided 17
8.3 Training Costs 18
8.4 Return on Investment, (“ROI”) 19
8.5 Metrics 19
9.0 Conclusion 20
10.0 References iv
11.0 Appendix – Sample Procedure Flow Chart vii
12.0 Appendix – Sample Workplace Refusal Meeting Guide iv
13.0 Sample Policy Statement – PBJK Burgers vii
14.0 Appendix Hazard Assessment Worksheet vii

1.0 Introduction
This manual has been designed as a reference to prepare PBJK Burgers to deal with work refusals. The information’s purpose in this manual is to increase safety at PBJK Burgers and provide a policy and procedure to deal with unsafe work refusals. The manual begins with identifying the key issues at PBJK Burgers regarding unsafe work refusal and discusses the negative impacts of no policy. The manual then analyzes the common hazards in the work environment and then leads into the discussion on the OHSR.
Next section 3.12 of the OHSR, outlines the procedures for work refusal (OHSR, [s 3.12]). We have provided this in a table that incorporates the process of how to refuse unsafe work. The manual also makes reference to the limits of the right to refusing unsafe work. Additionally it recognizes the payment and penalties that PBJK Burgers would have to pay if not being in compliance with the OHSR. This section ends with identifying PBJK Burgers, employees and the JHSC responsibilities.
The manuals initiative section first addresses organization initiatives. The aim is for organizations to reach the Worksafe BC -50% experience rating to pay the lowest premiums in their respective industry sector. Second, our workplace initiatives are to create a policy statement and a training program to train all staff on safety hazards in the workplace. This provides them with foundation knowledge to identify hazards and deal and report them effectively.
Furthermore the manual ends with the analysis of the benefits of adopting this policy and procedure to PBJK Burgers and also shows the overall return on investment that can be made. Lastly provided in the appendixes are a sample policy statement, tool box meeting guide, hazard assessment guide and procedure flow chart that can be adopted that was created using Worksafe BC resources. 2.0 Company Overview
This reference manual is a result of an analysis of the company PBJK Burgers. The organization was established in 2009. It is a fast food dining establishment focused on burgers, hand cut fries and milkshakes. Work safe BC industry sector is 761035, other dining establishments (Worksafe BC, n.d.). The company is medium sized privately owned, and currently experiencing rapid growth. There are five locations, across Richmond BC. The hours of operations are: 5am – 2am, with each restaurant equipped with a drive-through. There are approximately 150 employees who compromise of full time, part time and young workers. Overall the organization is highly competitive and driven by the high profits from the past 5 years. The mission and organizational goals are as follows:
Mission:
Provide quality hand crafted burgers and fries all over Canada.
Organizational Goals:
1. Provide the best customer service in the quickest manner.
2. Create a work culture that attracts and retains employees.
For the purpose of this reference manual, we have considered these important organizational facts.

• Annual Revenue: $2,200,000
• Annual Expenses: $1,000,000
• Assessable Payroll: $525,000
• Injuries in 2013: 20

• 14.5% Experience Rating
• 7,644 Employable Hours in 2013
• Seating Capacity: 50
• Average # of Customers = 200

3.0 Key Issues
The key issues from a Human Resource Professional perspective when addressing work refusals is to ensure four things:
• Supervisors are equipped with the knowledge and skills to deal with unsafe work refusals.
• Employees are trained on identifying unsafe hazards.
• PBJK Burgers must have a work environment culture that cultivates support regarding refusals.
These issues are common to many small to medium businesses. This manual focuses on ensuring the issues are answered. Additionally, the manual serves to provide a foundation for success that can be transferred to any business. To begin the analysis, the potential negative impacts of not incorporating our initiatives at PBJK Burgers are discussed.
4.0 Potential Negative Impacts to Organization
If this issue is not addressed this can result in several negative impacts to the organization.
• Employee incident could reoccur, near miss, or serious injury
• Employer is not protected and susceptible to legal obligations
• Lowered employee morale and disconnect between management team and direct reports
• Potential Administrative Penalty which would affect the bottom line
• PBJK Burgers Brand could be effected if issue is directed to media
• Higher Injury Rates
• Increased Premiums
These negative impacts can translate into lost revenue, brand damage and loss of reputation. It is important for PBJK Burgers to act now to implement unsafe work refusals policy and procedures or they could be subject to costly penalty and legal implications.

5.0 Hazards in the Workplace Common Hazards
• Heat stress, Burns (hot oil)
• Using Knives
• Slips, Trips, Falls
• Musculoskeletal Injuries
• Horseplay
• Improper lifting & Improper use of equipment
Chemical Hazards
• Cleaning Agents (for when cleaning the washrooms)
• Toxic Fumes from waste (dumping/replacing the oil and garbage)
(Worksafe BC, n.d.)

An undue hazard is defined as "a thing or condition that may expose a person to a risk of injury or occupational disease" (Worksafe BC, 2014). The above hazards were identified as a result of statistics taken by Worksafe BC. These hazards effect PBJK Burgers work place and should be addressed.
6.0 Regulatory Scan and Legal Issues
6.1 OHSR: Section 3.12-3.13
The OHSR accepts ‘unsafe work refusals’ when there is reason to believe that the tasks or equipment to be performed will cause risk or harm (OHSR,2013, s. [3.12]). This requirement only includes those refusals that are made in ‘Good Faith’. Good faith is defined as “honest intent to act without taking an unfair advantage over another person or to fulfill a promise” (The Free Dictionary, 2014). Section 3.12 outlines the steps and procedures that PBJK Burgers should follow if a hazard or risk arises.
Section 3.13 outlines the employer’s responsibility to maintain a healthy work environment free from discriminatory action against those who refuse unsafe work. This section also states that the employer must provide an employee with alternative work with no loss of pay (OHSR,2013, s. [3.13]). The table below outlines section 3.12 into basic steps and course of action when a work refusal takes place. Refer to Appendix 11.0 for a sample procedure flow chart.
Figure 1 How to Proceed with a Work Refusal
How to Proceed With a Work Refusal
1. An employee must not carryout or be forced to carry out any unsafe work if the employee has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
2. An employee who refuses unsafe work must immediately report unsafe working conditions or circumstances to either the supervisor or employer.
3. A supervisor or employer must immediately investigate the reported circumstances and:
a. Ensure that any unsafe condition is remedied without delay, or
b. If in his or her opinion the report is not valid, must so inform the person who made the report and provide reasonable explanation to why they concluded the report to be invalid.
4. If matter is still not resolved and the employee continues to refuse unsafe work, the supervisor or employer must investigate the matter in the presence of the employee who made the report and in the presence of
a. An employee member of the joint committee,
b. If there is no joint committee, any other reasonably available employee selected by the complainant.
5. If the matter is still not resolved and the employee continues to refuse unsafe work, both the supervisor, or the employer, and the employee must immediately notify a WorkSafe BC officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.
6. An employee must not be disciplined and/or terminated if the employee acted in compliance with the “Procedure to Refusal” policy or with an order made by WorkSafe BC officer.
7. Employer and/or supervisor may assign the employee, who is refusing to perform unsafe work, to alternative work at no loss in pay to the employee until the matter is resolved.
(OHSR,2013, [ss 3.12 (1,2,3(a,b),4 (a,b,c),5])

6.2 Workers Compensation Act: Section 150
In conjunction with section 3.12, employers are held accountable under the Workers Compensation Act, (“WCA”). Section 150 states “an employer is prohibited from penalizing, dismissing, suspending or taking any discipline action against worker who has obeyed the law and have refused to do any unsafe work” (WCA, .1996, [s.150]). It is important to note that this provision is only applicable to those refusals that are made in good faith. This is important understand as supervisors must be willing to investigate and conduct themselves with integrity or the employer could face legal implications.
6.3 Limits to the Right to Refuse Unsafe Work
The right to refuse work is not unlimited. Employees cannot refuse to perform any such work for reasons, which are not related to their own safety or safety of any person at the work place (Worksafe BC, 2014). Employees who refuse to perform any work must have a sufficiently close relationship to the observed danger to justify their belief that they are in danger or performing such work would put another employee in danger (Worksafe BC, 2014). An employee who has refused work cannot refuse alternate work that is offered and deemed to be safe.
This right is restricted for some occupations. Restrictions apply to police officers, fire fighters, persons employed I operating a correctional facility, hospital, nursing home or ambulance service (Worksafe BC, 2014). 6.4 Payment and Penalties
Category A penalties are levied for three reasons: “a serious injury or illness or death, high risk of serious injury, illness or death, non-compliance was wilful or with reckless disregard” (Worksafe BC, 2014). The administrative penalty that can be levied by Worksafe BC, is $12,500 + 2.25% of the payroll over $500,001 (Worksafe, BC). For example PBJK Burgers assessable payroll is $525,000, this materializes into a total penalty of $25, 625, which includes $13,125 in additional fees (Worksafe BC, 2014).
Basic penalties can vary depending on “nature of the violation, hazard that was created, employer history, financial impact and whether the employer knew and to what extent they complied” (Worksafe BC, Variation Factors, 2014). This is important to make reference to emphasize the importance of operating businesses.
The table below outlines the Category A - escalating penalties based on a company’s payroll. As it can be seen depending on the size and the hazard that may exist this can cost a company a large sum of money that will directly affect the bottom line.
Assessable Payroll Range ($) Penalty Amount ($) up to 500,000 2.5% of payroll, or 2,500, whichever is greater
500,001 - 1,000,000 12,500 + 2.25% of payroll over 500,000
1,000,001 - 1,500,000 23,750 + 2.0% of payroll over 1,000,000
1,500,001 - 2,000,000 33,750 + 1.75% of payroll over 1,500,000
2,000,001 - 2,500,000 42,500 + 1.5% of payroll over 2,000,000
2,500,001 - 3,000,000 50,000 + 1.25% of payroll over 2,500,000
3,000,001 - 3,500,000 56,250 + 1.0% of payroll over 3,000,000
3,500,001 - 4,000,000 61,250 + .75% of payroll over 3,500,000
4,000,001 - 4,500,000 65,000 + .5% of payroll over 4,000,000
4,500,001 - 5,000,000 67,500 + .25% of payroll over 4,500,000 over 5,000,000 68,750 + .125% of payroll over 5,000,000, or 75,000, whichever is less
(Worksafe BC, Category A Penalties, 2014). 6.5 Employer Responsibilities
This section outlines the PBJK Burgers responsibilities. As a medium sized business the employer assumes the responsibilities of the HR department. This means that the employer is responsible for the training and development of their staff as well as they must review their policies in place as necessary.
Employer
• Provide fiscal and human resources for the development, implementation, maintenance and monitoring of the work refusal policies and procedures.
• Comply with the OHSR.
• Provide training materials and programs.
• Train and educate management and supervisors about the workplace refusal process
• Review and approve the policy and procedure in consultation with the joint health and safety committees and stakeholders annually and implement quality improvements as required.
• Take every reasonable precaution reasonable under the circumstances for the health and safety of the workers.
• Ensure a safe and healthy workplace (Worksafe BC, n.d.).

6.6 Supervisor Responsibilities
The supervisor responsibilities are outlined below. This has been gathered in conjunction with the OHSR and what we have deemed most important. Supervisors are there to provide support to employees as well as enforce the unsafe work refusal policy. They must investigate and maintain records as well as have the knowledge and skills necessary to complete these tasks.
Supervisors
• Attend work refusal training
• Train all employees on hazards in the workplace and unsafe work refusal policy
• Ensure that employees feel comfortable identifying and reporting unsafe hazards
• Attend the work refusal right away.
• Clarify the work refusal and ensure the worker is refusing unsafe work and the details of the refusal.
• Investigate the work refusal in the presence of a representative of the worker.
• Ensure the work refusal procedure is followed up correctly and where required corrective actions are identified, implemented and followed-up.
• Record time and details of the work refusal and investigation using the PBJK Burgers work refusal form.
• Complete all the documents clearly and precisely and report the findings to management.
• Maintain records of all work refusal situations. (Worksafe BC, n.d.).

6.7 Employees Responsibilities
The table below outlines the specific employee responsibilities as part of the unsafe work refusal policy and procedures. This will be incorporated into PBJK Burgers new unsafe work refusal policy statement. Additionally it can be transferred into a poster and posted in the employee lounge or lunchroom to remind them of their responsibilities.
Employees
• Refuse to work when asked to conduct unsafe work
• Attend all training programs and complete annual knowledge test
• Work in compliance with OHSR
• Follow guidelines outlined in company health and safety policy
• Report unsafe work to supervisors at all times
Use personal protective equipment (PPE) as outlined in training

6.8 JHSC Responsibilities
Joint Health & Safety Committee (JHSC) brings a perspective of all parties involved at the workplace, such as, employer, management, and employees. This ensures all current and potential hazards are identified and extensive measures are taken to prevent any workplace injuries. With the help of JHSC, it does not only save the costs on insurance premiums or fines due to workplace injuries, it also minimizes any legal cost in case a customer on the premises gets injured due to a safety hazard.

JHSC in essence provides a safer and healthier workplace for everyone involved from employees, managers, employer, and customers that come in to PBJK Burgers. Below outlines the JHSC responsibilities.

Joint Health and Safety Committee (JHSC)
• Promote and assist in creating a safe and healthy workplace
• Recommend solutions that improve usefulness of JHSC
• Promote and ensure compliance with WorkSafe BC regulations
• Participate in accident investigations and workplace inspections.
• Identify hazards and obtain information and recommend corrective actions.
• Participate in accident investigations and workplace inspections.
• Assist supervisors and employees in resolving work refusal cases.
• Make recommendations to the management regarding actions required to resolve health and safety concerns.
• Conduct Hazard assessment every month in forms of safety walk around, to identify and prevent any potential safety hazards to employees and anyone on the premises.

7.0 Initiatives
7.1 Organization Initiatives
Organization Initiatives
• Target: -50 % Experience Rating to maximize Worksafe BC premium discount
• Adopt an aggressive approach to dealing with safety at PBJK Burgers
• Increase connection to employees by aligning initiatives with mission and organizational goals
• Ensure resources our available: Adopt 10% approach: o 2013 Revenues: $2,200,000 X 10% = $220,00 (Potential Budget)
• This figure is 3 times the amount of the proposed initiatives in this manual
• Implementing the initiatives will be cost effective and will prove to save PBJK Burgers money in the future as well as brand damage and other potential negative impacts highlighted in section 4.0. The second part of the organizational analysis recommends connecting the strategy of the organization to reducing safety. PBJK Burgers mission is simple to “provide quality hand crafted burgers and fries all over Canada”. This means that PBJK Burgers focused on expansion efforts. As a result of an aggressive approach to expanding, the organization should implement stricter policies to avoid liability. Transitioning from a small to medium business to a large commercial sized corporation opens the organization to more legal responsibilities. As a result not implementing proper and strict work refusal policy and procedures could translate into millions of dollars in fees, lawsuits or death.
Second it is also valuable to consider PBJK Burgers organizational goals. They are:
1. Provide the best customer service in the quickest manner.
2. Create a work culture that attracts and retains employees.
Examining both the organizational and the mission of the PBJK Burgers it can be seen that the company relies heavily on customer service, culture, and quality food. All in all to remain consist to the organizational goals and mission it is best to take an aggressive approach to reducing workplace injuries and prevention. For this reason the target is to reduce the experience rating to -50% (Worksafe BC, 2014). This distinguishes PBJK Burgers to be ahead of the competitors and the top of the industry. Overall companies should take this approach to separate themselves as industry leaders and reinforce their approach to safety to their employees creating value and assurance.

The third and final part to the organization analysis identifies PBJK Burgers industry. As a result we found that the industry, food service, is susceptible to injury claims and prevention should be a priority. However, because of the relative low risk to the industry, premiums are low and prevention measures are often over looked (Worksafe BC, 2014). For this reason our recommendation for PBJK Burgers to adopt strict measures. Doing so now will increases the likelihood of the organization paying excessive costs and penalties in the future. This will prove to be a competitive advantage as a strong and safe organization will attract and retain more employees. Which fulfills PBJK Burgers second organizational goal.
7.2 Workplace Initiatives
7.2.1 Implement a Unsafe Work Refusal Policy Statement
Unsafe Work Refusal Policy Snap Shot
Implement a New Unsafe Work Refusal Policy
• Employers responsibility to ensure a healthy and safe workplace for all employees
• Ensure policy is prompt, effective, and correct handling of unsafe work refusal
• Provide detail responsibility of the Employer, Supervisors, Employee and JHSC
Benefits:
• PBJK Burgers will be in compliance with OHSR
• PBJK Burgers will be able to deal with health and safety issues fairly and effectively
• Managers and supervisors will be able follow proper investigation process
All health and safety issues when handled effectively will ultimately result in less premiums and more profit to any business. 7.2.2 Train Staff on Unsafe Work Refusals and Hazards in the Workplace
In order to reduce the probability of refusal of work in an unsafe work environment, our initiative will be focused on training. The training plan created will outline work refusals to employees and managers, so they may be aware of their legal obligations.
This will also provide supervisors with an understanding of the procedures and how to handle workplace refusal. The three main points that pertain to employee and employer rights with regards to safety in the workplace are:
1. Know and be able to identify the hazards in the workplace
2. Participate in health and safety initiatives
3. Refuse unsafe work Training Snap Shot
Employees:
• Worksafe BC and Ministry of labour will provide materials: a lesson plan and work book to facilitate training at PBJK Burgers. o Ensures credibility and quality of information
• Training Conducted in staff lunch room.[In-house training design] o Cost effective if conducted in house + efficient and does not affect daily operations o Current staff trainings in groups of 5
• A power point will be created to make the training session visually appealing and interactive.
• The training will be 45 minutes in length, 15 minutes for the final test and Q & A in groups of 5 to avoid disrupting daily operations.
• Electronic Certificates will be issues and filed with management.
• Participate in 6 minute safety talks with JHSC.
Benefits:
Employees will gain the knowledge necessary to identify hazards. Employees will be provided with the skills to refuse unsafe work. Ultimately employees will be able to understand the process of refusing work and feel comfortable reporting.

A variety of areas will be covered for the content of training. This will include OHSR, the process of refusing unsafe work, WSBC workbook, and additional resources from the WSBC website which will be reinforced with practical on the job training. Management and supervisors will ensure that all workers complete this training to be eligible to work. Once an employee completes the training, they will be certified and provided with a printable electronic certificate. All certificates must be printed and handed in to the location manager. 7.2.2.1 Training Managers
Management/Supervisor Training Snapshot
Worksafe BC Subject Matter Expert (“SME”)
• 3 hour training session.
• Facilitated by the Worksafe BC SME, will include Ministry of Labour content
• Ministry of Labour online modules for on-going knowledge.
• Content will aim to provide supervisors and management with the skills and knowledge to identify hazards , investigate unsafe work refusal policies, and the importance of the loss that can be incurred if this does not happen.
• Management and Supervisors will understand the importance of hearing employees concerns and dealing with them effectively.
Benefits:
Management will be better prepared to deal with unsafe work refusals. They will feel comfortable with dealing with employee concerns. Management and supervisors will understand the importance to PBJK Burgers and the legal implications. The Worksafe SME will be knowledgeable and will be able to answer the questions that may arise during initial training.

7.3 New Employees
New employee safety orientation will have unsafe work refusals policy and procedure incorporated. PBJK will provide the employees with the knowledge and procedures to refuse work, and recognize hazards in the workplace. Managers will need to collect the electronic certificate after new employees have taken the quiz. Employees will be encouraged to ask questions about policy and procedures. After this training and question and answer sessions, new employees will have the knowledge to openly discuss and partake in health and safety meetings in the workplace. 7.4 Provide Support for the Joint Health and Safety Committee
JHSC Support Snap Shot
• 1 hour paid training to attend safety meetings monthly
• 6 minute safety talks
• PBJK Burgers will ensure that JHSC input is valued and that management and supervisors take recommendations seriously
• JHSC will conduct hazard assessments monthly to ensure equipment and facilities are up kept and safe
(Worksafe BC, n.d.)
Overall, management will support the JHSC by making sure the policies and procedures set in place are enforced at the workplace to provide a safe working environment. Lastly, the employer will support the JHSC by seriously look in depth of the recommended changes provided by JHSC and provide them with financial support to eliminate hazard or implement these changes.
7.4.1 Hazard assessment to be conducted every month
Conduct a hazard assessment at a bare minimum once each month. This will be facilitated by the JHSC, as part of their regular duties. This also allows employees to practice inspecting equipment and workstations to identify potential hazards.
The JHSC will follow these four simple steps:
Hazard Assessment
Step 1: Identify Hazards
• Complete a walk around, inspect equipment
Step 2: Decide who might be harmed and why
• Management, Supervisors, Employees (Frontline, Janitors), Customers
Step 3: Evaluate the risks and decide on precautions
• Is the current process correct? Should it be changed?
Step 4: Record your findings and implement them
• Count monthly injuries and costs, implement changes (Worksafe BC, n.d.)
Outlined in appendix 13.0 is a sample hazard assessment worksheet that PBJK JHSC members can use to conduct efficient hazard assessments.
7.5 Challenges
As a result of the initiatives set forth, there are three specific challenges that have been identified, they are:
• Resistance from management and supervisors
• Supervisors staying up to date with policy and procedures
• Maintaining an environment where employees are comfortable
Address Challenges Snap Shot
Resistance from Managers and Supervisors
• Emphasize importance of safety to all employees, management and supervisors.
• Ensure that management understands the responsibility of due diligence and the penalties and legal implications that could arise. o This includes highlighting the negative impacts of brand damage, lower employee morale and disconnected relationship with management.
Resistance from all employees
• If all employees continue to resist the initiatives then Progressive Discipline should applied.
• This can be done by: o 1. Verbal Warning o 2. Written Warning o 3. Probation or Possible Termination
Failing to stay Up to Date with policy and Procedures
• Worksafe BC SME will emphasize the importance of policy and procedures.
• If management fail to do this, progressive discipline may also be applied.
Maintain a Comfortable Environment
• Open door policy with management and supervisors and employees.
• Ensure that employees feel comfortable voicing concerns.
• Provide an anonymous email inbox where employees can voice their concerns anonymously. o This ensures no discriminatory action.

8.0 Costs, Benefits and ROI
8.1 Benefits
Current Premium = $6,300 [14.5 % Experience Rating $525,000/100*1.20]
Target of -50% Experience Rating New Premium = $2,835 [$525,000/100*.54]
Anticipated Benefit = $3,465 [$6,300-2,835]
For implementing our initiatives, it is important to factor in Worksafe premiums. The difference between the current premium and the new premium is a total of $3,465. This is because the target for PBJK Burgers is to reduce the experience rating to -50% from the 14.5% it is currently at.
8.1.1 Intangible Benefits
• Improved Employee connection to Management and Supervisors
• Improved Employee Morale, Increased Retention rate
• Higher Productivity
• Higher Customer Satisfaction
Implementing our program will see a stronger connection between the employees, management and supervisors. They will be more communication and the aggressive safety approach will make the employees feel valued. This will improve the morale and the productivity of the employees. And overall lead to higher customer satisfaction.
8.2 Costs Avoided
Worksafe BC Administrative Penalty = $25, 625 [$525,000 X 2.5% + $12,500]
Claims Avoided = $5,000 [Bench Mark 2013]
Total Cost Avoided = $30, 625 [$25,625+$5,000]
As indicated above the costs avoided include the administrative penalty by Worksafe BC. This is the cost based on the assessable payroll of $525,000. The claim avoided cost was determined by using 2013’s claim cost as a benchmark. This is a huge cost at a minimum if PBJK Burgers continues to operate not in compliance with the OHSR in regards to unsafe work refusals.
8.3 Training Costs
Training 115 [Existing employees] *1/11hr minutes training = $1,265
Training 35 [Existing Management/Supervisors]*3/19hr training = $1,995
Materials Expense = $3,000 [Worksafe BC and Ministry of Labour]
On-going Training expense [6 minute safety sessions] = 1.50 *115 = $172.50
JHSC [Members expense 1 hr Paid each month] = $1,200
Total Training Cost= $7,632.50
To implement our initiatives the total cost will be $7,632.50. We will train each existing employee for 45 minutes, allotting 15 minutes for questions, answers, and final test. Management training will conducted using materials gathered from Worksafe BC and the Ministry of Labour. Additionally, JHSC will be given 1 hour of paid training as a benefit to being a part of the committee. The time and printing costs for this make up the materials expense. Lastly the on-going training expense includes 6 minute meetings with employees. This is conducted by the JHSC representatives. Only one representative will conduct the meeting per five staff members. The cost has been averaged to reflect 6 minutes of work used. 8.4 Return on Investment, (“ROI”)
The ROI formula brings together the costs avoided, benefits and the cost of investment for our program. For simplicity costs avoided have been factored in as a benefit. Below is the formula that will be used:
[Total Benefit-Total Cost/Total Cost]
[(30,625[Costs avoided+Benefits]+3,465) – 7,632.50[Training costs +program costs]/7,632.50]=3.46 or 347%
This number translates to, for every dollar that is spent on the initiatives PBJK Burgers will save $3.46. This is a positive ROI and represents the success of our initiatives. By implementing this program it will provide PBJK Burgers with the tools for success for 0 injuries per year. As well as ensure that the target of -50% experience rating for Worksafe BC premiums is met.
8.5 Metrics
To measure the success of our initiatives we will be using the frequency of injuries formula. The follow is as follows:
Frequency = [number of injuries/total hours worked] x 200,000
[20 (injuries)/7,644(employable hours)] x 200,000 = 523.28
Currently this number is at 523.28, ideally in the first year of implementation, the number will be reduced by 50%. Over the next 5 years this number will be closer to 0 as the initiatives are maintained and followed through with. The JHSC will measure this while they are conducting their hazard assessments each month. The data will be collected and then averaged for the year to find the current frequency number. The purpose for using this number is to analyze and display the injury rates. Worksafe BC reported an average of 2 injuries per claim per 100 years of employment (Worksafe BC, 2013). PBJK Burgers is at 20, by setting the bar high PBJK Burgers will work towards becoming an industry leader.

9.0 Conclusion
Implementing the proposed initiatives can eliminate the key issues at PBJK Burgers mentioned in the previous sections. In summary, this reference manual provides supervisors and management with the skills and knowledge to deal with unsafe work refusals, ensure the environment cultivates support for employees, and ensure employees know how to identify hazards to refuse unsafe work.
This will be achieved by training to all existing and new staff through Worksafe BC. The Ministry of Labour will also enforce strict parameters to ensure the information is reliable. The Worksafe BC SME will provide management and supervisors with training and emphasis needed on safety to counter any resistance that may arise. All employees will be issued an electronic certificate that will be kept on file. JHSC will ensure that employees feel their opinions are valued and efforts are appreciated by providing extra support. To support set duties, members of the JHSC will conduct 6-minute safety briefings, hazard assessments to make the work environment safer and which will measure the success of the initiatives.
In conclusion, it is essential that PBJK Burgers implement the above initiatives to ensure that they are in compliance with all OHSR sections. This results in the company saving $3.46 per dollar spent on the program and bringing the experience rating down from 14.5% to -50%. PBJK Burgers will reap the overall benefits through recognition for being the safest in the industry; creating greater brand awareness, increasing company reputation and employee retention, which ultimately results in higher customer’s satisfaction.

10.0 References
British Columbia Employer Advisor. (2014). OH&S Month Part 2: Unsafe Work Refusals, Now Narrower for Federal Worker. Retrieved from http://www.bcemployerlaw.com/2014/10/27/ohs-month-part-2-unsafe-work-refusals-now-narrower-for-federal-workers/ Fryer Fire. [Photograp]. (n.d.). Retrieved from http://www.nachi.org/images10-2/fryer-fire.jpg.
Hand in oil. [Photograph]. (2011). Retrieved from http://i.dailymail.co.uk/i/pix/2011/06/06/article-0-0C6D712A00000578-802_634x398.jpg. Kelloway, E., Francis, L., & Gatien, B. (2013). Management of occupational health and safety (6th ed.). Toronto: Thomson Nelson.
Ministry of Labour Ontario. (2014). Refusing Unsafe Work. Retrieved from http://www.worksmartontario.gov.on.ca/scripts/default.asp?contentID=2-4-3. Occupational Health and Safety Act B.C. Reg. 404/2012 s 3.12-7 retrieved from: http://www2.worksafebc.com/Publications/OHSRegulation/GuielinePart3.asp#SectionNumber:G3.12. OHS Insider. (2014). Work Refusal Compliance Centre. Retrieved from http://ohsinsider.com/work-refusal-compliance-centre. The Free Dictionary. (2014). Good Faith. Retrieved from http://legal dictionary.thefreedictionary.com/good+faith. Workers Compensation Act. RSBC 1996 , c 492 s 150, 196. Retrieved from http://www.bclaws.ca/Recon/document/ID/freeside/96492_03. Worksafe BC. (n.d.) 6-minute Safety Talk. Retrieved from http://www2.worksafebc.com/Topics/YoungWorker/Apprenticeship-CulinaryArts.asp Worksafe BC. (2014). Experience Rating Calculator. Retrieved from https://online.worksafebc.com/anonymous/ERCalc/AYCalc.aspx. Work safe BC. (2014). Flow Chart for Regulation Guideline 3.12. Retrieved from http://www2.worksafebc.com/i/guidelines/part3/FlowchartG312.gif
WorkSafe BC. (2012).Foundation Workbook. Retrieved from http://www2.worksafebc.com/pdfs/CertificationandTraining/JHSC/JHSC_Responsibilities_Workbook.pdf Worksafe BC. (2014). Health & Safety Orientation Guide. Retrieved from http://www.worksafenb.ca/docs/WorkSafeNBOrientationGuide_e.pdf. Worksafe BC. (2014) Industry Classification. Retrieved from http://www.worksafebc.com/insurance/premiums/2012_rates/Assets/Applications/Classifications/pdf/2012_761035.pdf Worksafe BC. (n.d.). Lesson 3: Major Causes of Workplace Injury. Retrieved from http://www2.worksafebc.com/PDFS/YoungWorker/Plan_10/lesson3.pdf. WorkSafe BC. (n.d.). Part 3 Rights and Responsibilities. Retrieved from http://www2.worksafebc.com/Publications/OHSRegulation/Part3.asp?ReportID=17839. Worksafe BC. (2013). Part 5 Chemical Agents and Biological Agents. Retrieved from http://www2.worksafebc.com/publications/OHSRegulation/Part5.asp. Worksafe BC. (n.d.). Task Hazard Analysis Workbook. Retrieved from http://www2.worksafebc.com/pdfs/CertificationandTraining/JHSC/JHSC_Hazard_Analysis_Workbook.pdf. Worksafe BC. (n.d.). Tool Box Meeting Guide. Retrieved from https://www2.worksafebc.com/i/construction/Toolbox/pdfs/TG07-40_right_to_refuse_unsafe_work.pdf Worksafe BC. (2014). Section 196 WCA Category A Penalties. Retrieved from http://www2.worksafebc.com/publications/OHSRegulation/Policies-WorkersCompensationAct.asp#SectionNumber:D12-196-6. Worksafe BC. (2014). Statistics for Young Workers. Retrieved from http://www2.worksafebc.com/Topics/YoungWorker/Statistics.asp. Worksafe BC. (2013). 2013 Statistics Serving British Columbians. Retrieved from http://www.worksafebc.com/publications/reports/statistics_reports/assets/pdf/stats2013.pdf. York University. (2011). Occupational Health and Safety Manual. Retrieved from http://www.yorku.ca/dohs/documents/DOHS-Manual.pdf. 11.0 Appendix – Sample Procedure Flow Chart (Worksafe BC,n.d.).
12.0 Appendix – Sample Workplace Refusal Meeting Guide TOOLBOX
MEETING GUIDE
The right to refuse unsafe work
If a worker has reasonable cause to believe that to carry out any work process would create an undue hazard to the health and safety of any person, he/she has the right to refuse to take such action. Under such circumstances, the following order of actions must take place:
1. The worker must immediately report the circumstances of the unsafe condition or matter to the supervisor or employer. The supervisor or employer receiving the report must investigate the matter and
• Ensure that any unsafe condition is remedied or
• If in his/her opinion the report is not valid, must so inform the person who made the report
2. If this does not resolve the matter, and the worker continues to refuse to carry out a work process, the supervisor or employer must further investigate the matter. This investigation must be carried out in the presence of the worker who made the report and in the presence of
• A worker representative of the joint health and safety committee or
• A worker who is selected by a trade union representing the worker or
• If there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker who made the report
3. If this does not resolve the matter, and the worker continues to refuse to carry out a work process, both the supervisor or employer and the worker must immediately notify a WorkSafeBC officer, who will investigate the matter and take whatever actions are necessary.
No worker is to be disciplined for acting in compliance with these steps. Temporary assignment to alternative work at no loss in pay to the worker until the matter is resolved is not considered to be disciplinary action.
Page 1 of 2 Workers’ Compensation Board of B.C. TG 07-40
Project: Address:
Employer: PBJK Burgers.
Date: Time:
Number in crew: Number attending:
Other safety issues or suggestions made by crew members:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________ __________________________________________________________________________________________ Record of those attending:
Name: (please print) Signature: Company:
1.
2.
3.
4.
5.
Manager’s remarks:

(signature) (signature)

Page 2 of 2 WorkSafeBC Prevention Information Line: 604 276-3100 or toll-free 1 888 621-SAFE (7233) (Worksafe BC, Tool Box Meeting Guide, 2014). 13.0 Sample Policy Statement – PBJK Burgers

PBJK Burgers
Unsafe Work Refusal Policy

Policy Name: Unsafe Work Refusal First Approved: xxx
Approved by: xxx Effective Date: xxx
Scope: All work place employees Administered By: xxx

Purpose: The purpose of this policy is to ensure the prompt, effective, and correct handling of unsafe work refusal in accordance with the Occupational Health and Safety Regulation section 3.12-3.13 (Worksafe BC, 2014).
Scope: This policy applies to all workplace employees.
An employee will refuse to work or do particular work where he or she has reason to believe that:
• Any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;
• The physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself;
• Workplace violence is likely to endanger himself or herself; or
• Any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker.
(Worksafe BC, 2014).

Roles and Responsibilities
Employer
1. Provide fiscal and human resources for the development, implementation, maintenance and monitoring of the work refusal policies and procedures.
2. Comply with the OHSR.
3. Provide training materials and programs.
4. Train and educate management and supervisors about the workplace refusal process
5. Review and approve the policy and procedure in consultation with the joint health and safety committees and stakeholders annually and implement quality improvements as required.
6. Take every reasonable precaution reasonable under the circumstances for the health and safety of the workers.
7. Ensure a safe and healthy workplace
Supervisor
1. Attend work refusal training
2. Train all employees on hazards in the workplace and unsafe work refusal policy
3. Ensure that employees feel comfortable identifying and reporting unsafe hazards
4. Attend the work refusal right away.
5. Clarify the work refusal and ensure the worker is refusing unsafe work and the details of the refusal.
6. Investigate the work refusal in the presence of a representative of the worker.
7. Ensure the work refusal procedure is followed up correctly and where required corrective actions are identified, implemented and followed-up.
8. Record time and details of the work refusal and investigation using the PBJK Burgers work refusal form.
9. Complete all the documents clearly and precisely and report the findings to management.
10. Maintain records of all work refusal situations. Joint Health and safety Committee
1. Promote and assist in creating a safe and healthy workplace
2. Recommend solutions that improve usefulness of JHSC
3. Promote and ensure compliance with WorkSafe BC regulations
4. Participate in accident investigations and workplace inspections.
5. Identify hazards and obtain information and recommend corrective actions.
6. Participate in accident investigations and workplace inspections.
7. Assist supervisors and employees in resolving work refusal cases.
8. Make recommendations to the management regarding actions required to resolve health and safety concerns.
9. Conduct Hazard assessment every month in forms of safety walk around, to identify and prevent any potential safety hazards to employees and anyone on the premises.
Employees
1. Refuse to work when asked to conduct unsafe work
2. Attend all training programs and complete annual knowledge test
3. Work in compliance with OHSR
4. Follow guidelines outlined in company health and safety policy
5. Report unsafe work to supervisors at all times
6. Use personal protective equipment (PPE) as outlined in training. 14.0 Appendix Hazard Assessment Worksheet