Canadian Occupational Safety

August/September 2013 13 I n the past, I have written about the importance of considering cost transfers as a cost-saving strategy in managing compensation claims. e concept of transferring costs in work- ers' compensation is important for employers whose workers are injured because of the negligence of a third- party worker. Because the injury employer is pri- marily responsible for the costs of a workplace accident, being able to transfer those costs — either wholly or in part — where another party is responsible for causing the injury is a means for the injury employer to obtain relief from those costs. For example, if your employee were to trip and fall over tools or materials left on the fl oor by a con- tractor working at your work- place, and become injured, the employer could request that the costs of the injured employee's claim be transferred to the contractor's workers' compensa- tion account. If the compensation board deter- mines the contractor was negligent, they may transfer all or part of those costs to the negligent party's account, depending on the degree of negligence of each party. If the injured employee was not paying attention to where they were walking, for example, they may apportion negligence. ere are some limitations on the ability to transfer costs, so this should be reviewed with the compensation board in the employer's jurisdiction. In order to protect the company from being found negligent in this type of sit- uation, employers should ensure they have a health and safety management system in place to prevent incidents from occurring. Create policies and procedures for activities and for hiring contractors. Ensure those procedures identify haz- ards associated with the work and the workplace, including how others may be aff ected by the work. Procedures should outline hazard controls and mecha- nisms to prevent incidents and injury. Provide information, instruction and supervision to the workers. Ensure workers are aware of their rights and responsibilities under health and safety legislation. Ensure they are aware of their responsibility to work safely and to follow established procedures. If the employer has contractors working in the workplace, ensure the employees are aware that contractors are present and of what they are doing. If the workplace activities may or will aff ect the contractors, ensure all parties are working in a manner that will pre- vent injuries to each other. Provide information to contractors, including temporary workers, about hazards associated with the specifi c workplace. If the employer hires tempo- rary workers from placement agencies, ensure they are given an orientation, information and training on specifi c safe work procedures. ere is no way to ensure a company may not try to transfer costs to your organization, but by taking proactive steps to prevent incidents and injuries, you may decrease the likelihood of your workers being found to be "negligent" should an incident occur. Successfully defending a cost transfer application could result in signifi cant savings. David Marchione is an occupational health and safety and workers' com- pensation specialist with Compclaim, a consulting practice of Mathews, Dinsdale & Clark LLP in Toronto. You can contact him at dmarchione@compclaim.com. BY DAVID MARCHIONE COMPENSATION WATCH TRAINING I LEGAL CONNECTION The other side of cost transfers Cover your bases to avoid costly cost transfer applications against your company NEW EDITION POCKET ONTARIO OH&S ACT & REGULATIONS 2013 – CONSOLIDATED EDITION Where do you turn for the latest developments in occupational health and safety law? Pocket Ontario OH&S Act & Regulations 2013 – Consolidated Edition contains the complete and current Occupational Health & Safety Act and Regulations, which covers the latest legislation including Bill 160. THIS EDITION COVERS NEW LEGISLATION IN A VARIETY OF AREAS, INCLUDING: ȕ Coming into force of portions of Bill 160, overhauling Ontario's health and safety regulatory prevention structure in response to the recommendations of the Dean panel ȕ New Regulation regarding the role of the Offices of the Worker and Employer Advisers with respect to reprisals ȕ Addition of the Mines and Mining Plants Regulation ȕ Amendments to Regulations regarding Designated Substances and Control of Exposure to Biological and Chemical Elements, in force January 1, 2013 ȕ Updated list of OH&S Resources and index ALSO AVAILABLE IN FRENCH* Loi et règlements sur la santé et la sécurité au travail en Ontario 2013 *Where no official French regulation is available, the regulation will be published in English. 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