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Appendix D Handling accidents in the workplace (01/2021)

Responsibilities for investigating and reporting an accident, incident or hazardous occurrence in the workplace for field personnel

This workplace accidents procedure does not apply to members of the public.

As the RO and the employer, you are responsible for ensuring the safety of the workplaces of the Field Personnel (referred to in this text as "employees") working in local EC offices and at polling places.

Under section 4 of the Government Employee Compensation Act (GECA), employees are eligible for the compensation provided for by the GECA if they are injured in an accident arising out of and in the course of their employment, or if they become disabled by reason of an industrial disease due to the nature of their employment (subsection 4(1) of the GECA).

Employment and Social Development Canada (ESDC) is responsible for the application of this Act. The competent workers' compensation authority for the province (provincial workers' compensation board) where you and your employees work is responsible for your claim.

Definitions

Parliament has taken care to define the terms "accident," "compensation" and "industrial disease" in section 2 of the GECA. In this regard:

"accident" includes a wilful and an intentional act, not being the act of the employee, and a fortuitous event occasioned by a physical or natural cause;

"compensation" includes medical and hospital expenses and any other benefits, expenses or allowances that are authorized by the law of the province where the employee is usually employed respecting compensation for workers and the dependants of deceased workers;

"industrial disease" means any disease in respect of which compensation is payable under the law of the province where the employee is usually employed respecting compensation for workers and the dependants of deceased workers.

These broad and open-ended definitions set out the basic components of these terms. These definitions from the GECA are meant to be neither exhaustive nor restrictive. For the tenor of these definitions, refer to the provincial legislation.

In summary, the GECA incorporates by reference the provincial workers’ compensation plans, in so far as:

  1. the provision in question can reasonably be attached to a “rate” or “condition” applicable to compensation pursuant to the provincial legislation;
  2. the provision does not conflict with the GECA.

Therefore, workers in a given province whether federal government employees or others are generally compensated under the same rates and conditions.

Workplace accidents

In assessing a claim, the provincial workers' compensation board must first determine whether the federal government employee was injured in an accident arising out of and in the course of their employment, or whether the employee became disabled by an industrial disease due to the nature of their employment (subsection 4(1) of the GECA).

Reporting procedures

Under Part II of the Canada Labour Code, employees are required to immediately advise their employer (the RO) verbally or in writing of:

  1. any incident or accident that has occurred in the course of their employment that caused injury to themselves or others; and
  2. any object or other circumstance in a workplace which could constitute a risk of injury or a risk to the health or safety of themselves or their co-workers.

Employees are required to report all injuries, even minor ones, to you as soon as the event occurs and before leaving their workplace. Minor injuries can deteriorate into more serious medical issues; if employees have not reported the initial injury, they may have difficulty defending their claim for compensation.

Upon learning of an accident, occupational illness or other hazardous occurrence affecting a member of field personnel, you must immediately appoint a qualified person to investigate the situation and take the necessary steps to prevent its recurrence.

The following procedures apply when there is any incident, accident, occupational illness or other hazardous occurrence in the workplace, and they must be followed by all parties in accordance with their respective responsibilities.

Returning officer

Advise employees that they are required to know the locations of the defibrillators in the polling places and/or the RO's or AARO's office.

When an accident occurs

  • 1. Secure the scene, for example by installing barriers, turning off machinery (such as shredders), telling onlookers to leave, etc.
  • 2. See that the injured employee receives first aid.
    Call 911 if the injury is serious.
  • 3. Arrange transportation (ambulance, taxi, etc.) to a medical facility, if necessary, so the employee can receive medical treatment. You must always assign someone to accompany the injured employee.
  • 4. Complete an Incident Report (EC 10051) form or a Hazardous Occurrence Investigation Report (EC 10014), making sure to record the following information: date, time and place of the occurrence, name of injured person, description of injury and causes of the injury. This form applies even if the injury requires nothing more than first aid (no physician).

Within 24 hours of the accident

  • 5. Either yourself, your ARO, or your AARO must immediately complete an Incident Report (EC 10051) or a Hazardous Occurrence Investigation Report (EC 10014), and send it by email or fax to the Operational Complaints and Incidents Unit (OCIU), even if the injury appears to be minor. In the subject line, indicate: Workplace accident.

Operational Complaints and Incidents Unit (OCIU)

upio-ociu@elections.ca

Telephone: 1-888-677-0301 (Option 4, 2)
Fax: 1-800-267-8549 (open 7:00 a.m. to midnight)

This form, which you must sign, is used to document workplace accidents suffered by employees. The conclusions of the investigation must be included in the report when they reveal that the hazardous occurrence has resulted in one of the following consequences:

  • a disabling injury to an employee;
  • loss of consciousness of an employee due to an electric shock or exposure to a toxic or oxygen-deficient atmosphere;
  • the necessity to implement rescue, revival or other similar emergency procedures;
  • a fire or explosion.
  • 6. The OCIU must immediately notify the EC Health and Safety advisor (EC's OHS Advisor) of any incident, accident, occupational illness or occurrence entailing occupational health and safety risks, by email at: SSTPAE-OHSEAP@elections.ca or by fax at 819-939-1587.
  • 7. Gather the facts and identify witnesses. You investigate as quickly as possible to understand the circumstances of the occurrence, and thereby determine the necessary preventive actions and avoid the recurrence of a similar accident.
  • 8. You must advise the employee to provide you with a medical certificate, for purposes of filing a claim for compensation. Upon receiving this certificate, forward it to the OCIU.

If there is a serious occurrence within 24 hours

In the event of a serious or fatal accident, contact the OCIU.

  • The OCIU will relay the information to the Chief HR Officer and the EC OHS Advisor;
  • The Chief HR Officer will inform EC's CEO;
  • The EC OHS Advisor will transmit the information to ESDC during regular working hours.

Outside regular working hours
If the accident occurs outside regular working hours, contact ESDC: 1-800-641-4049 (24-hour emergency service).

A serious or fatal accident includes:

  • the death of an employee (even if death appears to be from natural causes);
  • a permanent disabling injury inflicted to an employee or a temporary disabling injury inflicted to two or more employees, arising from the same occurrence;
  • the permanent impairment of a body function of an employee;
  • an explosion;
  • damage to a boiler or pressure vessel that results in fire or rupture of the boiler or pressure vessel;
  • any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device.

A disabling injury is any workplace injury or occupational disease that results in time loss or modified duties. It may be temporary (e.g., a sprained wrist) or permanent (e.g., loss of a limb) depending on whether the employee will recover from it or not.

Within 3 days of the accident

  • 9. The OCIU forwards to you as soon as possible the Employer's Report of Injury/Illness form of the provincial workers' compensation board for the province or territory where the employee normally carries out their duties.
  • 10. Fill out, sign and return the Employer's Report form to the OCIU with the medical certificate, if one of the following situations applies to the employee:
    • medical treatment;
    • time away from work after the day of the accident;
    • lost wages.
  • 11. The EC OHS Advisor will submit the form to the regional ESDC office and the Federal Workers' Compensation Service.
  • 12. Contact the employee regularly to keep informed of their status and progress.

Within 14 days of the accident

  • 13. Complete, in collaboration with the employee and the EC OHS Advisor and through the OCIU, the Hazardous Occurrence Investigation Report (form ESDC-LAB1070) when the situation has resulted in one of the following (Canada Occupational Health and Safety Regulations COHSR):
    • a disabling injury to an employee;
    • loss of consciousness of an employee due to an electric shock or exposure to a toxic atmosphere or oxygen-deficient atmosphere;
    • the necessity to implement rescue, revival or other similar emergency procedures (e.g., in the event of a spill of a hazardous substance or bomb threat, or the application of violence prevention measures);
    • a fire or explosion.

Where the occurrence is an accident involving a motor vehicle on a public road, and this accident is investigated by a police authority, the investigation shall be carried out by obtaining a copy of this accident report from the appropriate police authority.

Field Personnel

When an accident occurs

  • 1. Without delay, report to your RO, verbally or in writing, your accident or injury or any other occurrence in the course of your work that has caused or is likely to cause injury to yourself or another person, before leaving your workplace.
  • 2. Get first aid or appropriate medical treatment if necessary. If required, your RO or another person on the premises will arrange your transportation to a medical facility.
  • 3. In the event of injury or illness caused by work, you must consult a physician, who should complete the medical certificate describing the nature and extent of your injuries, if one of the following situations, among others, is applicable:
    • you are absent from work the day after the accident;
    • your daily salary has been reduced;
    • you are receiving health care treatment (other than first aid).

The medical certificate must be completed on the employee form of the provincial workers' compensation board responsible for your workplace.

Within 3 days of the accident

  • 4. Immediately send the completed and signed medical certificate to your RO, who will then send a copy to the OCIU.
  • 5. The OCIU will forward to you as soon as possible the Worker's Claim form of the provincial workers' compensation board responsible for your workplace.
  • 6. Complete this form and send it to the OCIU when your workplace accident is the cause, among other things, of:
    • inability to do your job;
    • permanent physical or mental impairment;
    • the death of an employee;
    • a recurrence, relapse or aggravation of an initial injury.

Within 14 days of the accident

  • 7. Complete the Application for Reimbursement of Expenses form of your workplace's provincial workers' compensation board, if you wish to claim:
    • a reimbursement of medical, travel or living expenses;
    • costs incurred for the repair or replacement of eyeglasses or other orthotic or prosthetic devices damaged at work;
    • a reimbursement for clothing or other items.
  • 8. Collaborate with your RO and the EC OHS Advisor, through the OCIU, to complete the Hazardous Occurrence Investigation Report (form ESDC-LAB1070), and forms as required, within the prescribed time frames.

It is inability to do your job that grants entitlement to the income replace indemnity.

Filing deadline (limitation period)
The requirements are different for each province. Check with the specific provincial workers' compensation board responsible for your workplace.

  • 9. Be sure to undergo all the necessary medical examinations and properly follow the treatment recommended by your physician.
  • 10. When you have had an employment injury, your RO may assign you temporary work, provided that your physician approves the temporary assignment. You and your RO must immediately inform the provincial workers' compensation board of the assignment of temporary work.
  • 11. Inform the provincial workers' compensation board responsible for your workplace, as well as your RO and the OHS Advisor, of any change to your situation (state of health, return to work, new source of income, etc.).
  • 12. During your recovery, regularly contact your RO to provide updates on your progress or status.
  • 13. Cooperate with your RO to ensure your quick and safe return to work, if applicable.

Contact with the EC'S Health and Safety Advisor is made through the OCIU.

Links

Elections Canada resources

Laws

Employment and Social Development Canada

Other

Figure 14	Workplace accident procedure for ROs
Figure 14 Workplace accident procedure for ROs

Text Description of "Figure 14 Workplace accident procedure for ROs"