OHS 135: Law and Ethics

OHS 135: LAW AND ETHICS

Module 3: Ethics for OHS Professionals

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OHS 135: Law and Ethics

Ethics for OHS Professionals

*All readings and learning activities can be downloaded in the “Downloadable Content” section.

1. Module 3: Ethics for OHS Professionals

After successful completion of this module, you will be able to:
• Identify what ethics are and how they differ from laws.
• Define the terms ‘professional’ and ‘profession.’
• Distinguish between code of conduct and code of ethics.
• Describe how ethical thinking applies to the OHS profession.
• Recognize the four common categories of ethical challenges faced by OHS professionals.

2. What is Ethics?
While ethics is generally seen as a discipline of study, there are many different and sometimes complex
definitions of it. However, a common understanding of ethics is that it is “a systematic approach to
understanding, analyzing, and distinguishing matters of right and wrong, good and bad, and admirable
and deplorable as they relate to the well-being of and the relationships” among people.[1] The term,
ethics can also refer to rules or guidelines that establish what conduct is right and wrong for individuals
or groups.
Ethics is often considered to be a branch of philosophy. Nonetheless, ethical thinking and concerns apply
to many other fields, such as the medical and social sciences, theology, economics, and biology. Ethics is
not about establishing factual knowledge, but rather it provides a framework for understanding and
interpreting what is right or wrong.

3. Ethics and OHS

In a world filled with scientific and technological advantages, constant communication, different
worldviews, and economic realities, OHS professionals cannot ignore the importance of making ethical
decisions. Thus, it is essential to develop an appreciation for the traditional philosophies of ethics and the
diverse viewpoints of others.
Ethical safety directives are not always immediately evident, and people within workplaces will always
disagree about what is right or wrong, safe or unsafe. These factors generally lead people to believe that
ethics (and the safety associated with ethical decisions) can be based on personal opinion. However, a
responsible OHS professional will not solely rely on their education and experience, but also consider
how to improve safety performance ethically. Or as Michael Dunn and Tony Hope propose, “We need to
develop our hearts as well as our minds.” [2]

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OHS 135: Law and Ethics

Consequently, OHS professionals need to have a basic understanding of the concepts, principles,
approaches, and theories used in ethics in order to identify and analyze relevant ethical issues and
workplace dilemmas.

4. Law vs. Ethics

As we have seen earlier in this course, while OHS law varies across different countries, it serves the same
purpose everywhere, namely protecting people from harm. OHS law seems to be based on ethical
viewpoints, however, there are some differences between the two concepts:

Law Ethics
Written rules that set minimum standards Unwritten or written guidance that assists in
decision-making
Mandatory Non-mandatory
Enforced by an external authority Internally based
Specific to a situation Applied broadly across situations
Set penalties No set penalties

A core activity of any OHS professional is to offer advice on how to perform work safely. This requires
interpreting the laws applicable to the work activities and making decisions based on this interpretation.
This decision-making is where ethics apply.
Ethical OHS advice should provide protection for people undertaking tasks and protection from
prosecution. In some jurisdictions, the OHS professional may be legally liable for the advice they give. If
their advice is in breach of the law, they are likely acting unethically.

5. Reading Assignment
The following are required reading assignments for this course. You can access them from the links
below, or you can locate them in the Resources section for this module.
Nova Scotia conviction raises questions on extent of OHS managers’ legal duties
*This activity can be downloaded or printed from the “Downloadable Content” section.

6. Ethical Dilemmas in the OHS Industry

As you have seen in the reading assignment, even if an OHS professional does not breach the law, their
actions can still be considered unethical.
Many workplace settings present unique problems for OHS professionals. On the one hand, risks can be
eliminated with the appropriate resources. On the other hand, it is a setting where the economic

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OHS 135: Law and Ethics

obligations of management and the principles of managing risk in a reasonably practicable manner result
in risk only being reduced and often not completely eliminated. The ethical considerations of risk
controls, coupled with the OHS professional’s attitudes and beliefs about what is right or wrong (in any
given risk control decision), and the fundamental principles surrounding moral and ethical judgment, are
increasingly recognized in the law — in this case, the duty of care. The position of OHS professionals in
industries is frequently problematic because of tensions between their responsibilities to employers and
the ethical codes of their professions. The imperatives of production and profit frequently override other
responsibilities for the health and welfare of employees.
To act ethically within the workplace, OHS professionals must not only work in a manner that will ensure
that work is performed safely and that people are protected from harm, but they must also ensure that
their advice, actions, and practices meet the appropriate legal standard. However, this may not be
enough, as OHS professionals also need to meet the standards and code of their own profession.

7. Discussion Activity Board 1

There is a discussion activity for you in the Assignments and Activities section for this module. Take the
time to access it now and then return here to continue your learning.
*This activity can be accessed from the Course page.

8. What Does It Mean to Be a Safety ‘Professional?’

The original meaning of the term, professional derived from Late Latin profitēri which means ‘to profess
or confess.’ The idea was that professionals were those who ‘professed’ their skill to others and ‘vowed’
to perform their work to the highest standard.[3] Thus, being an OHS professional means to make a
commitment to:
• A high standard of performance (protecting people from harm).
• Integrity (ethical behaviour).
• Public service (obeying the law).

More recently, the definition of a professional also includes economic gain and the competence of work.
However, a complicating factor is that OHS professional is not a protected title. There are so-called OHS
professionals who do not make the same commitments to performance, integrity, and public service.
One method of ensuring that you are seen as an ethical OHS professional is to obtain a membership or
certification with a professional OHS association or regulatory body.

9. Defining Profession
The Australian Council of Professions identifies a profession as:
“A disciplined group of individuals (professionals) who adhere to ethical standards. This group
positions itself as possessing special knowledge and skills in a widely recognized body of learning

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OHS 135: Law and Ethics

derived from research, education, and training at a high level, and is recognized by the public as
such. A profession is also prepared to apply this knowledge and exercise these skills in the
interest of others.” [4]
This definition clearly identifies that ethical standards are the foundation of a profession. Hence,
members of a profession need to display ethical behaviour at all times. Consequently, OHS professionals
need to be governed by codes of ethics and maintain competence and integrity, while promoting the
public good within the area of workplace safety, where they are accountable to the organizations,
workers, and others affected by their work.

10. A Capability Framework for OHS Professionals and Practitioners

The role of the OHS professional (and practitioner) is moving toward a globally accepted position of the
OHS profession. The International Network of Safety and Health Practitioner Organizations (INSHPO) has
become the international voice for the OHS profession through its global collaboration. In 2017, INSHPO
released The Occupational Health and Safety Professional Capability Framework – A Global Framework
for Practice. This document was developed to ensure (among other issues) that the roles of OHS
professionals and practitioners would be positioned appropriately within workplaces.
As part of the document, INSHPO published a capability framework that allows people to identify the
knowledge, skills, self-esteem, and values required to make them confident in their ability as OHS
practitioners or professionals. The following table taken from the Capability Framework identifies the
general differences between the two roles:

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OHS 135: Law and Ethics

OHS Practicioner OHS Professional

Implementer/executor of strategy and the Designer of OHS management strategy and
framework of OHS critical control management. framework for OHS critical risk control
management.

Communicates predominantly with middle Influences senior managers, building

management, supervisor and shop floor, relationships as a basis for influence, mentoring
building relationships as a basis for influence, and providing integrated technical and strategic
mentoring and providing technical advice. advice.

Oversees and drives monitoring and compliance, Develops monitoring systems. Involved in
acting as local change agent when required. organizational review and change management.

Supports safe working environment by Considers wider context of business processes

maintaining administrative processes, and external regulatory, market and societal
conducting training and using state-of-the-art influences.
tools, processes and standard practice solutions.

Advice/action based on technical knowledge, Advice/action based on conceptual and

experience and input by OHS Professionals and technical knowledge mediated by analysis of
other technical advisors. evidence, experience and critical thought.

Focuses on organization’s primary processes Able to extend his or her understanding and
operating in known contexts within established control to novel, unknown and complex risks
parameters. and their control.

Accesses, evaluates and uses a broad range of Works autonomously within own initiative and
workplace and industry sources of information. responsibility but values professional
collaboration.
May work with SMEs in well-known hazards or Usually works in large, complex and/or high-
under OHS Professional supervision in larger hazard organizations or as a consultant to
organizations. medium-sized organizations.

Usually educated through vocational or Usually educated through university or higher

technical streams. education sector.

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OHS 135: Law and Ethics

11. Professional OHS Organizations

While the Capability Framework currently acts as a guidance document for the OHS profession, there are
several professional OHS bodies around the world that provide memberships, certifications, guidance,
conduct codes, and opportunities for networking. Some of these bodies include the following:
• Australia: Industrial Foundation for Accident Prevention (IFAP) and Australian Institute of Health
and Safety (AIHS)
• Canada: Board of Canadian Registered Safety Professionals (BCRSP) and Canadian Society of
Safety Engineering (CSSE)
• Italy: AIAS Academy
• New Zealand: NZ Institute of Safety Management (NZISM)
• Singapore: Singapore Institute of Safety Officers (SISO)
• South Korea: Korea Occupational Safety and Health Agency (KOSHA)
• Russia: National Association for Centers for Occupational Safety and Health (NACOT)
• United Kingdom: Institution of Occupational Safety and Health (IOSH) and National Examination
Board in Occupational Safety and Health (NEBOSH)
• USA: American Society of Safety Professionals (ASSP) and Board of Certified Safety Professionals
(BCSP)

12. OHS Certification

As part of your commitment to being or becoming an OHS professional, the knowledge and skills you
have are essential to your career. Qualifications in one or more OHS sectors (such as Occupational
Hygiene or Risk Management), certification through a professional body (e.g., CRSP in Canada, OHS
Professional in Australia, or CSP in the USA), and ongoing professional development are all critical to the
ongoing role of the OHS professional.
In many cases, the certification of professionals is the highest benchmark and demonstrates that the
individual has met the formal education and experience requirements and can demonstrate this through
examination. For example, the BCRSP says about the certification as Canadian Registered Safety
Professional:
“When employers see CRSP® after a name, they know that the individual has been through a
rigorous process that verifies formal education and professional practice and that they have
successfully passed a competency-based certification examination. They have also signed and
agreed to abide to a code of ethics and adhere to the ongoing professional development
requirements.”
Certifying bodies place requirements on each certified individual to ensure that the reputation of the
certification is not tarnished. For example, the BCRSP requires all CRSP to meet educational as well as
experience requirements.

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OHS 135: Law and Ethics

13. Codes of Ethics and Conduct

Most professional OHS associations express their ethical standards in a code of ethics or code of conduct.
A code of ethics is generally an expression of core values and not specific rules, whereas a code of
conduct is more prescriptive and provides directions. A code of conduct is often legally mandated for
organizations and can demonstrate the corporate values and commitments while linking them with
standards of professional conduct. They can also provide a reference to employees that support decision
making.
Code of Ethics
A code of ethics is a guide of principles designed to help professionals conduct their work honestly and
with integrity. A code of ethics may outline the following:
• The mission and values of an organization.
• How professionals are supposed to approach problems.
• Ethical principles based on the organization's core values.
• The standards to which the professional is held.

“A code of ethics helps to clarify values and rules; it can strengthen group identity and collegiality, foster
public confidence, and be used as a framework for discipline. The audience for a code of ethics includes
the public, employers, workers, clients, and fellow professionals. A code of ethics should make it easier
for the professional to resist pressure to be unethical by referring to the code as an authority.”[5]
International Code of Ethics
Currently, there is no shared code of ethics or code of conduct for the global OHS profession. However,
the International Commission on Occupational Health (ICOH) first developed an international code of
ethics in 1992, and the current edition (third) was published in 2014 stressing that
“A code of ethics for occupational health professionals should never be considered as «final» but
as a milestone of a dynamic process involving the occupational health community as a whole, the
ICOH and other organizations concerned with safety, health, and the environment, including
employers’ and workers’ organizations.”[6]

14. Code of Conduct Commitments

Each association and certifying body develops and regularly reviews its own code. However, INSHPO has
published a set of minimum required commitments for codes of conduct of its member organizations
which are:[7]
Primary Duty, Loyalty, and Adherence to Relevant Laws
Any professional decisions you make must adhere to all relevant laws, regulations, and recognized
standards of practice.

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OHS 135: Law and Ethics

Obligation to Inform
If you detect an unacceptable level of risk, property damage, or environmental harm, make sure to
inform all appropriate parties. Ensure the confidentiality of any information and only disclose the
information if you are authorized or legally obligated to do so.
Integrity and Objectivity
You should maintain integrity, honesty, and objectivity at all times.
Conflict of Interest
Avoid situations that create a conflict of interest. If a conflict arises, inform all affected parties.
Reputation
Do not engage in any behaviour that will hurt the reputation of INSHPO, its members, affiliate
organizations, and the OHS profession.
Competency
Only perform activities that you have the required competency for (i.e., training and experience).
Maintenance of Knowledge and Continuing Education
You should maintain your level of knowledge and if possible, develop further professional competence
through relevant training, education, networking, or experience.
Confidentiality
You should take all reasonable steps to ensure the confidentiality of any information you obtain as part
of your professional duties.
Misrepresentation of Qualifications
Do not falsely represent your qualifications. This includes your education, credentials, titles, work
experience, etc.

As an OHS professional, you should adhere to the code of conduct provided by your organization as well
as the one published by your certifying body or professional organization.

15. Code of Conduct Commitments

All codes of ethics will be based upon the foundations of the three basic principles identified in the
International Code of Ethics.[6] These principles are:
Health and Well-Being
“The purpose of occupational health is to serve the health and social well-being of the workers
individually and collectively. Occupational health practice must be performed according to the highest
professional standards and ethical principles. Occupational health professionals must contribute to
environmental and community health.”

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OHS 135: Law and Ethics

Integrity
“The duties of occupational health professionals include protecting the life and the health of the worker,
respecting human dignity, and promoting the highest ethical principles in occupational health policies
and programs. Integrity in professional conduct, impartiality, and the protection of the confidentiality of
health data and of the privacy of workers are part of these duties.”
Competence
“Occupational health professionals are experts who must enjoy full professional independence in the
execution of their functions. They must acquire and maintain the competence necessary for their duties
and require conditions which allow them to carry out their tasks according to good practice and
professional ethics.”

16. Discussion Activity Board 2

There is a discussion activity for you in the Assignments and Activities section for this module. Take the
time to access it now and then return here to continue your learning.
*This activity can be accessed from the Course page.

17. Written Assignment 1

There is an assignment for you in the Assignments and Activities section for this module. Take the time
to access it now and then return here to continue your learning.
*This activity can be accessed from the Course page.

18. Self-Check
Question 1:
Ethics is considered a branch of which field?
1. Psychology.
2. Philosophy.
3. Theology.
4. Spirituality.

Question 2:
Because ‘OHS Professional’ is a protected title, it can only be used by those who have proper certification
and educational credentials.
1. True.
2. False.

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OHS 135: Law and Ethics

Question 3:
Codes of ethics are based on which principles identified by the International Code of Ethics? Select all
that apply.
1. Health and well-being.
2. Integrity.
3. Mindfulness.
4. Competence.
5. Honesty.

Question 4:
A _____ is more prescriptive than a code of ethics and often legally mandated for organizations. It can
demonstrate corporate values and commitments while linking them with standards of professional
conduct.
1. Code of conduct
2. Mission statement
3. Moral code
4. Vision statement

Question 5:
Every professional OHS association and certifying body follows the same global code of ethics.
1. True.
2. False.

19. The Four Main Ethical Challenges for OHS Professionals

As previously mentioned, it is essential that OHS professionals commit to the code of ethics described by
their professional membership organization or code of conduct of their organization. However,
sometimes it can be challenging to adhere to a code of ethics. OHS professionals face four main areas of
potential ethical challenges:
• Technical competence.
• Reconciling risk.
• Managing conflicts and competing interests.
• Managing information.

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OHS 135: Law and Ethics

20. Technical Competence

The principles of ethics identify that knowledge and skills are essential components of practice and that
individuals must not misrepresent their competence or experience. Ethical OHS professionals
demonstrate their integrity by honestly representing their qualifications and level of expertise.
In small organizations that outsource to OHS consultants, the required scope of practice may extend past
the generalist OHS consultant’s role or the maturity of the organization. Furthermore, OHS consultants
often feel pressured to undertake set tasks, while also being pressured by time and financial resources.
This can often lead to role creep. (Role creep is a common phenomenon in workplaces. It describes the
process of adding responsibilities to an employee’s role and increasing their workload, while
simultaneously presenting them with fewer resources.)
Another challenge is that novice OHS professionals often do not have the necessary experience to make
appropriate decisions or provide valid advice. In this case, it is still important that you truthfully present
your skillset and experience.

21. Reconciling Risk

Risk management is the process of planning, organizing, directing, and controlling resources and
operations to achieve given objectives, despite the uncertainty of events. Generally, an OHS professional
is asked for advice on how to manage risks within an organization. This often involves estimating the
likelihood and consequence of an unintended event occurring. “However, this:
• Does not consider the uncertainty in the estimates of consequence and likelihood.
• Assumes a single statement of consequence and likelihood can represent a risk.
• Assumes that likelihood and consequence are of equal importance and are combined in a single
product.
• Does not take account of the difficulty people have in comprehending risk, especially for low
likelihoods.
• Assumes that a specified consequence has a unique value that is the same for all people.”[5]

During the process of risk management, the OHS professional might be pressured to produce an
assessment with a certain result. Risk management is always subjective and thus, it is possible to make
unethical decisions. Consequently, it is important that you make decisions based on the validity and
reliability of the information you gathered.

22. Managing Conflicts and Competing Interests

OHS professionals work with a number of different stakeholders. This means that they are often faced
with competing interests, duties, and pressures, which can lead to potential conflicts. The different
stakeholders include:

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OHS 135: Law and Ethics

Organizations
OHS professionals have to do what they were hired to do. However, within an organization, there might
be conflicting points of view and different opinions about what is considered to be a priority.
Workers
The health and well-being of the workers is the focus of any OHS professional. Consequently, we can
consider that the OHS professional’s main duty is to workers and that they should advocate on the
workers’ behalf.
Public
Public safety also falls within an OHS professional’s scope of practice. Members of the public can include
local communities that might be impacted by an organization’s activities, visitors to the site, workers of
other employers, or the media.
Professionals
Throughout your OHS career, you might work with other OHS professionals, as well as members of other
professions. Your behaviour and actions might hurt the reputation of the OHS profession if you are not
acting ethically and appropriately. Make sure that you are treating everybody with professional courtesy
and respect.
Oneself
Research has shown that many employees prioritize their own interests over their employer’s. When
faced with conflict, many people will likely think about the consequences this could have for themselves,
such as losing their job.

OHS professionals should eliminate conflicts of interest whenever possible and reduce the incentives for
bias. Instead, individual and organizational mindsets should all focus on the common good. Additionally,
you need to recognize the potential biases caused by the competing pressures or interests from
stakeholders as limitations when considering your decisions. Any decisions you make, should pass the
‘reasonable and informed third party test’ or ‘front page of the newspaper test.’
This test consists of asking yourself: “How would I feel if the course of action I am considering were
reported on the front page of the local newspaper or blog? If you would be at all uncomfortable, the best
course of action is not to do it […].”[8]

23. Managing Information

There are many ethical issues concerning the management of information, both within and external to
the workplace. However, they can be categorized into three general categories:
Privacy
There are two factors that threaten the privacy of information and must be considered by OHS
professionals:

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OHS 135: Law and Ethics

• Growth of information technology: New technologies have enhanced capacities for surveillance,
communication, computation, storage, and retrieval.
• Increasing value of information: Information is becoming more valuable to decision-makers,
leading to some people even wanting data that invades others’ privacy.

Workplaces collect a considerable amount of private and confidential information of their workers,
including on their health, well-being, behaviour, and performance. With the increasing use of databases,
paperless systems, and technology, come increasing challenges to maintain the privacy and
confidentiality of information.
Accuracy
Effective health and safety performance rely on the accuracy of the information collected. In many cases,
specific decisions are made on the accuracy of information as people rely on it for matters of life and
death. OHS professionals need to identify and manage the potential of gathering inaccurate information.
To improve the accuracy of your information, you should consider the following:
• Valid and reliable sources: Information sources will differ based on the size and nature of the
organization. External sources should be checked for validity and accuracy. Government and
educational sources should be prioritized over media and other sources.
• Emotions: Safety can be an emotional topic. OHS professionals need to ensure that facts and not
feelings form the basis for decision making.
• Relevance: The information you collect should be relevant to the situation or context you require
it for.

Access
Each innovation in information handling, from the invention of paper to the modern computer, has
placed new demands on achieving literacy. In an information society, a citizen must possess at least
three things to be literate:
• One must have the intellectual skills to deal with information. These are skills such as reading,
writing, reasoning, and calculating.
• One must have access to the technologies that store, convey, and process information. This
includes phones, tablets, computers, etc.
• One must have access to the information itself. This requirement identifies the issue of property
or ownership, and the ability to protect information.

Safety information may be required across all levels of an organization. You need to consider who owns
and controls each piece of information. Ethical challenges exist when information is required but cannot
be accessed in a timely and simple manner. The OHS professional must ensure that the information
technology and the information it collects, stores, and reports is used to enhance the safety
performance of the organization.

24. Discussion Activity Board 3

There is a discussion activity for you in the Assignments and Activities section for this module. Take the
time to access it now and then return here to continue your learning.

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OHS 135: Law and Ethics

*This activity can be accessed from the Course page.

25. Self-Check
Question 1:
The aim of the ‘front page of the newspaper test’ is to discern ______ if your considered course of
actions was reported on the front page of a local newspaper.
1. How others would react
2. How you would feel
3. What stakeholders would do

Question 2:
The well-being and safety of workers should be the primary concern of any OHS professional.
1. True.
2. False.

Question 3:
Ethical issues concerning the management of information can be grouped into which categories? Select
all that apply.
1. Technology.
2. Privacy.
3. Accuracy.
4. Access.
5. Safety.

Question 4:
Why might an OHS professional experience role creep?
1. Because they can feel pressured to undertake set tasks.
2. Because they often only get paid minimum wage.
3. Because they might face ethical dilemmas when managing information.
4. Because they interact with various stakeholders.

Question 5:
Risk management is a subjective process, making it possible to make unethical decisions.
1. True.
2. False.

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OHS 135: Law and Ethics

26. Summary
You have successfully completed this module. You should now be able to:

• Identify what ethics are and how they differ from laws.
• Define the terms professional and profession.
• Distinguish between code of conduct and code of ethics.
• Describe how ethical thinking applies to the OHS profession.
• Recognize the four common categories of ethical challenges faced by OHS professionals.

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