May 8, 2007
Cristina Campanelli
Senior Prevention Program Specialist, Prevention Division
Workplace Safety & Insurance Board
200 Front Street West, 11th Floor
Toronto, ON M5V 3J1
Dear Ms. Campanelli:
On behalf of Retail Council of Canada (RCC) and our members operating across the province, I am writing in response to the Workplace Safety & Insurance Board (WSIB) consultation on accreditation for Ontario workplaces. RCC has been the Voice of Retail in Canada since 1963. We are a not-for-profit, industry-funded association representing more than 40,000 store fronts of all retail formats across Canada, including department, specialty, discount, and independent stores, and online merchants.
The retail sector is a vital part of Ontario's economy, achieving more than $140 billion in sales in 2006. With more than 85,600 retail establishments in Ontario, the retail sector reaches every corner of the province. Employment in the retail sector represents 11.6% of the province's total employment, directly employing more than 800,000 Ontarians. The retail sector is Ontario's second largest employer. The contributions made by this economic sector are felt in every corner of the province and affect the lives of all residents.
While many high-profile retailers are big businesses, retail is essentially a small business sector. Over 90% of the retail businesses in Ontario have less than twenty employees. Specifically: over 9% have 10-19 employees, 12% have 5-9 employees, close to 25 per cent employ only one to four people and a further 46 per cent are classified as indeterminate businesses, that is, businesses such as sole proprietorships and partnerships, (ie. usually without a payroll).
On behalf of our members of all sizes, RCC appreciates the opportunity to provide our input into the consultation on accreditation for Ontario workplaces. The following represents our initial thoughts, which may be added to and/or refined as further discussion and consultation takes place.
5. Program Design: Issues and Options
Overall, RCC and its members support the primary purpose of a health and safety accreditation program for Ontario workplaces of promoting the adoption of a health and safety management system into day-to-day operations; recognizing employers or organizations that have superior health and safety programs and performance; and encouraging others to achieve similar results.
The WSIB Consultation on Accreditation for Ontario Workplaces discussion paper is a good first step in initiating a conversation with stakeholders and we look forward to continuing the dialogue over the coming months. RCC and its members found it difficult to provide detailed responses to the questions asked in the discussion paper as they are all conceptual in nature. As such, we respectfully request an opportunity to comment on the proposed program, once developed. Allowing stakeholder input on the program before it is piloted will ensure a more successful outcome for all parties.
5. (a) Who Should Participate in an Accreditation Program?
RCC and its members strongly support the WSIB's vision of a voluntary accreditation program. We recognize that participation in an accreditation program might be more appealing and worthwhile to employers who already demonstrate high health and safety performance, but believe that accreditation will have the greatest impact if firms that require improvement strive for accreditation. Accordingly, we do not feel that firms should be required to meet any eligibility criteria as a pre-condition for participation in the program.
5. (b) What Types of Recognition Should Accreditation Offer?
RCC and its members are most motivated by a mix of social and economic recognition, and we do not believe that the options provided in the consultation paper need be mutually exclusive. In order to be attractive to the most number of organizations the accreditation program should offer a variety of incentives.
With respect to economic incentives, retailers support WSIB premium incentives. Specifically, retailers support a rebate for accredited firms. RCC and its members do not support any punitive measures or negative incentives such as adding a surcharge to non-accredited firms. This is contrary to the voluntary principle of the program.
RCC's members strongly believe that whatever financial incentive is provided, it must not be at the detriment of other WSIB incentive programs and it must be viable for the workplace safety and insurance system. That is, retailers do not support an increase in premium rates in order to fund an accreditation program. Further, the financial incentive should be in addition to any money received from experience rating, which should remain entirely separate from the proposed accreditation program.
With respect to the other economic motivator highlighted in the discussion paper — market-based incentives — RCC and its members do not feel that it is appropriate to include as part of an accreditation program. While some sectors or organizations may wish to require their suppliers or sub-contractors to be accredited in order to conduct business with them, this is a business decision and should not be mandated as part of the program; such a move would be contrary to the voluntary nature of the program.
5. (c) What should be Included in the Accreditation Standard and Audit?
RCC and its members support the vision of an evidence-based accreditation program standard and audit. The provisions featured in the discussion paper as the key elements of a standard are appropriate. RCC strongly supports the Accreditation Working Group proposal that industry-specific guidelines be developed to provide more advice on specific features of the elements. These guidelines should take both the nature and the size of the business into account. Industry-specific elements may be required in some instances but RCC supports a program with common elements that are flexible enough to be achieved in an industry-specific manner.
Our members found it difficult to comment on whether it would be appropriate to establish standards for different levels of accreditation without more details regarding the design of the full accreditation standard. However, respecting the principle of continuous improvement and recognizing the value of other WSIB incentive programs, it may be appropriate for workplaces that are not prepared to achieve full accreditation to enter into either SCIP or Safety Groups. While it is not necessary to have participated in these programs before applying for accreditation, it may assist workplaces in preparing for accreditation and recognizes the contributions of those organizations that do participate in them.
With respect to the accreditation audit, RCC members support the ability to self-audit before the formal accreditation takes place with a full audit done to verify that employers have met the accreditation requirements.
After an organization has become accredited, RCC and its members support a process of internal audits. That is, an external audit would only be completed upon initial application and every three years thereafter. Accredited firms would be encouraged to appoint and train staff to conduct internal audits annually in the years between applying for accreditation. Upon each external audit, RCC and its members support the notion that organizations must demonstrate continuous improvement. This should be measured through "before-the-fact" prevention activities or leading indicators and not through "after-the-fact" indictors.
Retailers are currently involved in a number of safety and prevention programs and believe that the principle of equivalency must be enshrined in the Ontario accreditation program. It would be unfair and unproductive to require organizations to alter practices that meet recognized standards in other jurisdictions for an Ontario program. Equivalency in both the standard and the audit is paramount.
Finally, RCC believes that the role of the WSIB should be administrative in nature; this would include approving a list of third party auditors to be used and acting as the accrediting body, but not performing audits themselves. Auditors who are trained to audit their own organization internally should be added to the list of approved third-party auditors to conduct final audits on other organizations. This is not only efficient and cost-effective; it allows an organization to choose an auditor with direct experience in auditing their industry. RCC and its members view familiarity with the retail industry as an essential qualification of their auditors.
It would be appropriate for the cost of the external audit to be borne directly by the applicant directly. A fulsome list of third-party auditors, whose qualifications are verified by WSIB, would ensure a transparent and competitive process.
5. (d) Should the Program Target Specific Sectors or Groups?
RCC supports the notion of a pilot accreditation program before broadly promoting the program to all workplaces. However, we believe that the pilot process should be open to all Ontario workplaces and not restricted to one specific industry or sector. It would be unfair and misleading to pilot the program within one sector only and then to implement the program universally. Organizations that participate in the pilot must be representative of both the sizes and types of industries that exist in the economy at-large in order to provide a true reflection of whether the program will be successful. RCC would be pleased to work with WSIB to help identify retailers who may be interested in participating in a pilot of the accreditation program.
Again, thank you for the opportunity to provide our input into the consultation on accreditation for Ontario workplaces. We look forward to having the opportunity to comment on the proposed program before it is piloted. In the mean time, if you require any further information or clarification, please do not hesitate to contact me directly at (416) 922-0553, extension 225.
Sincerely,
Ashley McClinton
Director, Government Relations (Ontario)