Respiratory Protection

Building a defendable program

By Nancy Maher, CRSP, Waterloo Regional Police Services

When you think about the hazards an officer faces in the line of duty, it likely isn’t exposure to hazardous particulates, gases, and vapours that initially come to mind; violence, physical injuries, and psychological trauma are probably at the forefront.

Rightly so, as these are the top injurycausing workplace hazards impacting police officers across the province.

However, exposure to respiratory hazards such as infectious diseases, illicit drugs, hazardous vapours/ particulates at fire scenes and riot gas are real hazards that our members face on a regular basis and have the potential to cause significant injury or illness. Respirators are often deployed to officers to protect them from these hazards, but this should be done by building a respiratory protection program that is rooted in risk assessment, injury prevention and is compliant with health and safety and human rights legislation.

CSA STANDARD Z94 IS REGARDED AS THE BEST PRACTICE BY THE MINISTRY OF LABOUR AND THE LEADING STANDARD USED BY EMPLOYERS WHEN DEVELOPING AND IMPLEMENTING A RESPIRATORY PROTECTION PROGRAM.

For workers who are exposed to hazardous agents in the workplace, Ontario Regulation 833 states that employers shall provide and workers shall use a respirator appropriate in the circumstances when engineering controls are not available or practical. While engineering controls such as ventilation and fume hoods would be an effective approach to control identified respiratory hazards within police buildings (i.e., forensic identification chemical lab or powdered drug processing ventilation unit), these options are not available when responding to calls for service. It is under this regulation that requires an employer who issues respirators to develop a written respiratory protection program. Regulation 833 goes onto specify that, “a respirator that is designed to be tight-fitting shall not be provided to, or used by, a worker with facial hair that comes between the sealing surface of the facepiece and the face or that interferes with the functioning of the respirator.”

CSA Standard Z94, Selection, Care and Use of Respirators, is regarded as the best practice by the Ministry of Labour, and the leading standard used by employers when developing and implementing a respiratory protection program. This standard outlines the requirement for the employer to develop and implement a written respiratory protection program and to ensure respiratory hazard risk assessments are completed. The completed respiratory hazard assessment will be the backbone of the program, serving to identify the existing or potential respiratory hazards and to select the appropriate respirator. The standard dictates responsibilities for the employer, supervisor and respirator wearer. Due to the fact that tight-fitting respirators such as an N95, half-face or full-face elastomeric respirators commonly deployed amongst police services need to seal against the skin in order to provide protection, the standard requires the respirator user to maintain their respirator seal interference-free from any object or material that would interfere with the seal or operation of the respirator and places the onus on the supervisor to ensure that the respirator user maintains the required interference-free seal. Anything getting in the way of a proper seal will impact the effectiveness of the respirator.

A respiratory protection program will need to allow for accommodations on grounds protected by the Human Rights Code, such as medical and religious. If a member is at risk of exposure to a respiratory hazard but cannot wear a tight-fitting respirator, alternate accommodations must be utilized to keep the member safe while respecting human rights legislation. Having a documented request and approval process for these accommodations will ensure both the member and the employer are informed and protected under the law. There may also be a need for special operational exemptions, such as during undercover work. These exemptions should also have a formal and documented approval process and have a set duration. If alternative protective equipment is used as part of an accommodation or exemption, be mindful to assess and address any new hazards or risks that may be introduced and ensure the worker is adequately protected.

The Ontario Occupational Health and Safety Act places responsibilities for health and safety on the employer, supervisor and worker, but the greatest responsibility falls to the employer. To review, the Act requires the employer to develop and maintain a health and safety program, to provide the equipment, materials and protective devices prescribed by the Act and regulations, and to ensure these items are used and maintained in good condition. More generally and perhaps more importantly, the Act requires the employer to take every precaution reasonable in the circumstances for the protection of the worker. This is known as the General Duty Clause. While the term “reasonable” is purposefully flexible and subjective, it is used to hold employers accountable for any harm or injuries due to inadequate safety measures.

Depending on the situation, simply complying with specific safety regulations may not suffice when faced with legal scrutiny. The General Duty Clause looks at whether the employer took reasonable precautions to best protect the worker, not just comply with regulations. For example, a police officer attends a domestic violence call and once in the residence sees large amounts of powdered substances. The officer has a beard and is unable to don their N95 respirator because the employer’s respiratory protection program allows members to have facial hair but stipulates they must shave before wearing a tight-fitting respirator and issues dry-shave kits. The officer didn’t know there was a potential respiratory hazard at this call, therefore didn’t shave and now is at risk of exposure. In theory, the procedure complies with legislation and the CSA standard by requiring the officer to shave before donning the issued respirator. However, this approach leaves the officer at risk to unpredictable exposures and the service could face orders or fines for not taking every precaution reasonable for the protection of the worker.

There is no denying that police officers face a wide array of respiratory hazards in the course of their duties. Legislation and standards exist to ensure employers who provide respiratory protection also develop written procedures for the selection, use and care of respirators in the workplace. In addition to these regulations and standards, there is an overarching responsibility for the employer to take every precaution reasonable for the protection of the worker. By designing and implementing a respiratory protection program that is legislatively compliant and puts the protection of the member at the forefront, it demonstrates a commitment to protecting the health and well-being of the officers who serve the community.

Nancy Maher is a Health and Safety Advisor with the Waterloo Regional Police Service. She can be reached at nancy.maher@wrps.on.ca.

HQ Summer 2024 Flip Book Edition

Link here for edition in flip book format

President ’s Message: What Keeps You Up at Night?

Chiefs of police and other senior police leaders are often asked, “what keeps you up at night? ”

The Leadership Imperative: Leader development in Ontario

Modern policing is complex. Whether mediating a dispute or managing a crisis, it’s a job that not only requires a deep understanding of the law and society, but also the ability to lead with confidence and compassion.

Countering Incivility, Harassment, and Discrimination in Policing

Creating a workplace environment that is inclusive, respectful, and free from harassment and discrimination is an ongoing priority for ontario police services. However, services face systemic challenges in their efforts to prevent these negative behaviours, effectively address them, and change their culture.

Inclusive Workplaces and Fairness in Community Safety

Key lessons learned developing toronto’s equity strategy

What We Can Learn in Policing from Wildfires

I had trouble figuring out where to begin this year’s renewed version of the Police Leadership Program. The challenge was too many options. The leadership issues in policing today range all the way, for example, from community mental health to organizational budgeting to technical skill development.

HQ Summer 2024 · Jun 6, 2024

The Complexity of Police Leadership

Yet leadership effectiveness is, simply put, about people understanding people. It is a skillset that can be learned, and that depends quite simply on leaders investing in themselves. With social-scientific discoveries, self-awareness, and powers of observation and communication, leaders can pull others together around a common goal. Among others, the below three skill sets help to get you there:

HQ Summer 2024 · Jun 6, 2024

Countering Incivility, Harassment, and Discrimination in Policing

HQ Summer 2024 · Jun 6, 2024

The Leadership Imperative: Leader development in Ontario

HQ Summer 2024 · Jun 6, 2024

THE FUTURE OF LEADERSHIP IN POLICING

Under the leadership of Chief Jim MacSween, the executive leadership team at York Regional Police (YRP) established a mission to re-imagine leadership development within the organization. YRP knew that standardizing leadership principles and delivering them to all ranks of the organization would enrich the development of ethical and professional leaders.

HQ Summer 2024 · Jun 6, 2024

Connect, Lead, Inspire

As policing leaders, there are key elements to consider when it comes to developing outstanding organizations. Opening conference keynote presenter Tanya McCready of the Winterdance Dogsled Tour and author of Journey of 1000 Miles opened the conference with a timely message: time, dedication, trust, and practice are key elements to leadership, as well as ensuring that leaders know their team and where they thrive best.

HQ Summer 2024 · Jun 6, 2024

HQ Summer 2024 Flip Book Edition

President ’s Message: What Keeps You Up at Night?

The Leadership Imperative: Leader development in Ontario

Countering Incivility, Harassment, and Discrimination in Policing

Inclusive Workplaces and Fairness in Community Safety

What We Can Learn in Policing from Wildfires

The Complexity of Police Leadership

Countering Incivility, Harassment, and Discrimination in Policing

The Leadership Imperative: Leader development in Ontario

THE FUTURE OF LEADERSHIP IN POLICING

Connect, Lead, Inspire

HQ Magazine

Categories

Social Footprints