On Regulations

The Ham Commission, led by the determined James Ham, was a response to the bold action taken by the miners of Elliot Lake. These brave workers, concerned about the high rates of deadly diseases plaguing their community, went on strike for fourteen days, refusing to return to work until their demands for better health and safety were met. Their bravery caught the attention of the Ontario Premier, who knew that something had to be done. He appointed James Ham, a respected engineer and university administrator, to lead a commission tasked with improving the health and safety of uranium miners in the region. In his report, Dr. Ham sought to not only establish the medical case of the Elliot Lake miners, whose cancer risk was estimated at up to 390% the general population, but also to identify how this situation could be avoided in the future. He delved deeper into the underlying social causes of occupational illness and death and sought to eliminate them. Dr. Ham's ultimate goal was to influence and change the rules that govern workplace roles and responsibilities within the free enterprise system, from the top managers down to the contract workers. He aimed to create a safer and healthier environment for all those involved in the workforce.

Dr. Ham started his report with: The most important thing to come out of mines is the miner. Dr. Ham sought to eliminate injury by radically altering the governance structure for safety in the workplace. He sought to creat a system of responsibility and participation, he states: "the worker as an individual and workers collectively in labour unions or otherwise have been denied effective participation in tackling these problems;thus the essential principles of openness and natural justice have not received adequate expression."

Ham identifies the ultimate responsible party to be the employer." If there is argument that the dominant cause lies in unsafe acts,this report provides strong indications that the extent of training of both workers and supervisors and the effectiveness of management and supervision are also at issue."

Ham's Report was adopted by the government of the day as the basis for a radical reform of the Occupational Health and Safety Act. The principles of the Act are part of the lived experience of the working people of Ontario. Dr. Ham quotes directly from the United Steelworkers 'the employer must accept the full legal and moral responsibility to provide a safe and healthy workplace,protective equipment,safety and health training,and safe work procedures.' This statement is paraphrased almost verbatim in the Act. Compliance to the safety regulations are a recognized cost of doing business and considered by most as the "right thing to do".

Without the Act and its associated programs, standards, and regulations, the risks to workers in the workplace would be truly staggering. Competition, in the long run, shall inevitably drive out those suppliers who cannot maintain the high standards of safety and health that are required. The only way to ensure that all enterprises and industries provide equal protection to their workers is through the consistent and uniform application of these vital regulations.

Command and control regulations can only achieve so much when the power of enforcement lies with external inspectors. This is because external inspectors may not have the same level of familiarity with the specific circumstances and operations of the individuals or organizations being regulated. As a result, they may not be able to effectively identify or address non-compliance with the regulations.

In addition, external inspectors may not have the same level of authority or resources as those being regulated, which can make it more difficult to effectively enforce the regulations. This can lead to a lack of compliance with the regulations and undermine their effectiveness in addressing the intended issues or problems.

Overall, it is generally believed that regulations are more effective when those being regulated have a stake in the compliance process and when the power of enforcement is held by those with a strong understanding of the specific circumstances and operations being regulated. This can help to ensure that the regulations are being applied fairly and effectively.

Dr. Ham revolutionized Health and Safety by empowering the workers themselves with the authority to investigate and halt work, should the need arise. He recognized that empowering the workers with primary responsibility for compliance and placing that overall responsibility in the hands of the employer was key to making safety regulations truly effective.

The workers, with their intimate knowledge of the specific processes and conditions of the workplace, are often the most attuned to potential safety hazards and issues. By giving them the power to address these issues, they can prevent them from becoming more serious and potentially leading to injuries or accidents.

Furthermore, empowering the workers with primary responsibility for compliance fosters a sense of ownership and accountability within the workforce. When the workers are directly responsible for ensuring compliance with safety regulations, they are more likely to actively identify and address any potential hazards or issues.

Finally, placing responsibility for compliance in the hands of the employer can help to ensure that the necessary resources and support are in place to support worker efforts to comply with safety regulations. Employers have a legal obligation to provide a safe and healthy work environment, and by placing responsibility for compliance with safety regulations in their hands, it can help to ensure that they are taking all necessary steps to meet this obligation. Overall, empowering workers and placing responsibility for compliance in the hands of the employer can help to ensure that safety regulations are more effective and are being applied fairly and consistently in the workplace.

Having knowledge about actual and expected conditions at the workplace, as well as the state of health of the workers, is crucial for ensuring the safety and well-being of all employees. It is important that workers have ready access to this information so that they can make informed decisions about their own safety and the safety of those around them.

In addition to knowledge, workers should also have a sense of contributive responsibility when it comes to health and safety. This means that they should be able to provide insight and input on problems based on their own knowledge and work experience. By involving workers in the identification and resolution of health and safety issues, the industry can tap into their collective expertise and improve overall safety in the workplace.

Finally, workers should have direct responsibility for making operative decisions that influence conditions at work. This includes the ability to identify and address potential hazards and to advocate for changes that will improve the overall safety of the workplace. By empowering workers to take charge of their own safety and the safety of those around them, the industry can create a culture of safety that benefits everyone.

The next time you hear a politician speak of tearing down red tape, consider what it is that they seek to destroy. Remember, every safety rule exists because of the blood of someone who lost their life on the job.

The workers at Elliot Lake knew this, as did Dr. Ham. You ought to know it too.

And here we are...

Ontario Health and Safety Act: https://www.ontario.ca/laws/statute/90o01 Ham Report : The Royal Commission on the Health and Safety of Workers in Mines (1975) http://www.ontla.on.ca/library/repository/mon/25006/15655.pdf

Ham Report Summary:

The government must consult with industry and workers while creating safety rules for mines, paying specific attention to the issues of dust and ventilation. It is also essential that the government creates rules to measure dust exposure in mines, ensuring that workers are protected from harmful levels of exposure. Workers deserve to be compensated for any injuries sustained as a result of workplace hazards. It is the responsibility of the government and the industry to ensure that appropriate compensation is provided to workers who are injured on the job. Air quality in mines must be monitored to ensure that it is safe for workers. This includes monitoring for radiation, dust, and other contaminants that may be present in the air. To improve the overall health and safety of mines, the government should consult with workers, industry, and the Workmen's Compensation Board to create better systems for reporting accidents and injuries. This will help to identify and address any potential hazards or issues in a timely manner. A health and safety committee should be struck at every mine, with equal representation from workers and management. This will help to ensure that the concerns and needs of both groups are taken into account when it comes to health and safety issues. Priority should be given to the accredited training of mine workers. By ensuring that workers have the necessary knowledge and skills to work safely, the industry can help to reduce the risk of accidents and injuries. Workers should have a mechanism to object to tasks assigned by their line manager if they believe them to be unreasonable. Their objections should be heard by more senior management, with an auditor observing to ensure that the process is fair and unbiased. Finally, industry should implement a health surveillance program for workers to monitor their overall health and well-being. This will help to identify any potential health issues that may be related to the work environment and take steps to address them.