Supervisory Competency-Part 1 Occupational Health & Safety Act Ontario Regulation Requirements

1. Supervisory Competency-Part 1Occupational Health & Safety Act Ontario Regulation Requirements Human ResourcesSeptember to December 2010

2. Purpose/Scope • To ensure supervisory staff are competent under the Occupational Health and Safety Act (OHSA) • Applies to all supervisors/managers who have responsibilities which allow them to be in charge of the workplace or have authority over a worker • Health & Safety hazard awareness • Convey information to employees • Become familiar with “the act” • Measures and procedure awareness

3. Why this? Why now? • Ministry of Labour campaign “Safe at Work Ontario” (SAWO) • An important component of the Internal Responsibility System (IRS) • Ministry of Labour Healthcare sector plan: special enforcement focus http://www.labour.gov.on.ca/english/hs/sawo/sectorplans/2009/health/index.php

4. Learning Objectives By the end of this session you will have acquired: • A knowledge of the OHS Act (the Act) • The ability to cite the legislation • An awareness of your role in workplace safety • An understanding of where to find resources and information • Due diligence skills Supervisory Competency!

5. Policy The Central CCAC is committed to providing supervisors with the skills required to manage the day-to-day duties of their job as well as a working knowledge of their roles and responsibilities relating to all applicable Occupational Health & Safety legislation. All supervisory staff will, as a minimum, meet the definition of a “competent person,’ as defined in the Occupational Health & Safety Act.

6. The Supervisor’s Role A warm up exercise: Ask yourself these two questions and write your answers down on the quiz form. • What are the functions of a supervisor? • What is the definition of a supervisor?

7. Supervisor Definitions Definition 1: To get work done through the efforts of others. Definition 2: A person who has charge of a workplace or authority over a worker.

8. Desirable Characteristics in a Supervisor • Knowledgeable about the work • Able to make decisions • Energetic and enthusiastic • Loyal and dedicated • Emotionally stable • Flexible and cooperative • Ability to adapt to changing conditions

9. Ministry of Labour Views:Supervisor Competency “Competent supervision is one of the key areas the Ministry of Labour is addressing as part of a strategy to reduce fatalities and injuries in Ontario.” What is YOUR primary legal responsibility as a supervisor? To do everything possible to eliminate injury, illness, and death.

10. Occupational Health & Safety Act:Purpose of the Act • Provincial law since 1978 • Provide a healthy and safe workplace • Assign responsibilities for health and safety • Promote active participation • The OH&S Act assigns rights and duties for individuals and corporations

11. Acts and Regulations The main purpose of the Act is to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily. Fundamental to the successful working of OHSA is the workplace Internal Responsibility System (IRS).

12. Let’s take a look at the OHSA • Orientation to the OHSA • Employee rights – there are 3 • Internal Responsibility System (IRS)

13. Parts of the OH&S Act

14. Parts of the OHSA

15. Parts of the OHSA

16. Parts of the OHSA

17. Duties & Responsibilities

18. Citing the Act & RegsFormat for reading & citing act Section1 [Bold at the left side of the page] Subsection (1) [indented] Clause (a) [indented] Sub-clause (i) [indented] >>Sub Sub-clause >>Paragraph >>Sub-paragraph

19. Sections of Act and Regulations Both the act and the regulations start with Section 1

20. “SHALL” is law You must “MAY” - options You have a choice “SHALL” and “MAY”

21. “AND” All conditions must apply “OR” Only one condition applies “AND” and “OR” Look for “AND” or “OR” at the end of the second last clause to ensure you understand which condition applies.

22. “as prescribed” Means to look into the appropriate regulations (workplace, condition, chemical etc.) to find more detail about what is “prescribed” Regulation 1101 – first aid requirements Regulation 860 – WHMIS REGULATIONS

23. Enforcement & Penalties under the Act: Section 66 • Charges are under the Occupational Health and Safety act • Prosecution is under the Provincial Offences Act • Penalties – PERSON • Maximum $25,000 • Maximum 12 months imprisonment • Or Both • Penalties – CORPORATION • Maximum $500,000 per infraction

24. Employee Rights • Right to refuse • Right to participate • Right to know

25. Right to Refuse A worker may refuse to work or do particular work where he or she has reason to believe that, (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; or (b.1) workplace violence is likely to endanger himself or herself; or (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker

26. Limited Rights • Police, fire and other similar sector workers have limited rights in exercising this right • All workers have either full or conditional rights to refuse unsafe work • Health care workers are able to exercise their right to refuse unsafe work unless: • Circumstances that give rise to the refusal are inherent in the worker’s work or a normal condition of employment • The refusal to work would directly endanger the life, health or safety of another person

27. Work Refusal: Stage 1 • Worker who has “reason to believe” immediately reports refusal to their supervisor • Supervisor investigates “forthwith” in the presence of: • Worker • Worker JHSC member (preferably certified) • Worker remains in a safe location • If refusal resolved, worker returns to work

28. Work Refusal: Stage 2 • If the worker has “reasonable grounds” to believe that the danger still exists, he/she can still refuse • Ministry of Labour is promptly notified • Pending results of investigation/consultation: - worker to remain in a safe location • worker may be assigned other work • Another worker may be assigned the work; however, must be advised of refusal in the presence of the worker member of the JHSC

29. Inspector Decision • Likely to endanger: - Ministry of Labour issues a compliance order - worker returns to work after corrections made - no disciplinary action • Not likely to endanger: - worker must return to work - refusal at this point could result in disciplinary action

30. Case Study Mary Ellen is a Community Case Manager. Today she is visiting a client, Mrs. Monteith who lives alone in a wealthy neighbourhood. She is described as the “grouchy, old rich lady” as she does not like to depend on others for assistance with bathing and personal care. Mary Ellen does not like dealing with Mrs. Monteith. Today Mrs. Monteith is particularly grouchy

31. Who are our Union worker members?

32. Management Members

33. Right to Participate As health and safety representatives or joint health and safety committee members, employees have the right to participate in identifying and correcting work-related health and safety concerns. Employers with 20 or more employees are required to establish a joint health and safety committee. The purpose of the committee is to handle issues that are organization-wide in nature. Part II of the Canada Labour Code also provides for employee participation through the use of an internal complaint resolution process. Human Resources and Skills Development Canada

34. Right to Know Employees have the right to be informed of known or foreseeable hazards in the workplace and to be provided with the information, instructions, training, and supervision necessary to protect their health and safety. The Code requires the use of appropriate methods of communication for all employees including those with special needs. Such methods are Braille, large print, audiotapes, sign language, and oral communication. In addition, employees have the right to have access to government or employer reports related to the health and safety of employees through the policy health and safety committee, workplace health and safety committee or health and safety representative. Human Resources and Skills Development Canada

35. Criminal Code of Canada • Federal law since 2004 • Makes organizations criminally liable • Imposes a legal duty on all those who direct the work of others, to take “reasonable measures” to protect employee and public safety.

36. Main Workplace Parties • Employer • Supervisor • Worker WHO ARE THE OTHER WORKPLACE PARTIES? Anyone who enters the workplace!

37. Employer Duties • Ensure compliance with the OH&S Act • When appointing a supervisor, appoint a “competent person”. • Prepare H&S policy and program • Set up a Joint Health/Safety Committee • Identify hazardous materials and procedures “Take every precaution reasonable in the circumstances for the protection of the worker” (Section 25 of the OHSA)

38. What does “competent person” mean? A person who: • Is qualified because of knowledge, training or education to organize the work and its performance • Is familiar with the Act and Regulations that apply to the work and, • Has knowledge of any potential or actual danger to health and safety in the workplace

39. Supervisor Duties • Ensure workers comply with Act & Regulations • Ensure workers use protective devices and clothing as required by employer • Advise workers of hazards • “Take every precaution reasonable in the circumstances for protection of the worker” (Section 27 of the OHSA)

40. Worker Rights & Duties (Section 28 of the OHSA)

41. Supervisor Interactions With the Joint Health/Safety Committee: • Assist with and review workplace inspections • Identify any workplace hazards • Investigate any work refusal process • Be aware of any health & safety testing With the designated JHSC Certified Member: • When any dangerous circumstance is present

42. What is a “Dangerous Circumstance”? A situation in which: • The OHS Act or Regulations are being contravened, • The contravention poses an imminent danger or a hazard to a worker, and • Delay in controlling danger or hazard may seriously endanger a worker.

43. Supervisor Safety Tasks The Supervisor shall: “Implement, support, and enforce the safety program at the worker level”. A Supervisor’s 3 main safety activities: • Communicating/educating • Inspecting • Enforcing

44. Supervisor Safety Tasks

45. Reviewing Hazard Controls Why is it important to monitor and review your hazard control program and methods? • It is important to monitor both the hazard and the control method to make sure that the control is working effectively and that exposure to the hazard is reduced or eliminated. Tools Some tools include physical inspection, testing, exposure assessment, observations, injury and illness tracking, employee feedback/input, occupational health assessment and other methods.

46. Reviewing Control Measures Be sure to answer the following questions: • Have the controls solved the problem? • Is the risk posed by the original hazard contained? • Have any new hazards been created? • Are new hazards appropriately controlled? • Are monitoring processes adequate? • Have workers been adequately informed about the situation? • Have orientation and training programs been modified to deal with the new situation? • Are any other measures required? • Has the effectiveness of hazard controls been documented in your committee minutes? • What else can be done?

47. Supervisor Communications Examples: • Giving instructions, training, safety talks • Orientation for new workers • Reading messages, memos • Demonstrating a skill or action • Listening to instructions, feedback • Writing a report, minutes, instructions • Informing workers of rules, legal and company • Overall messages of deadlines or safety

48. Supervisor Inspections • Inspect all machinery, equipment and protective devices prior to first use to ensure the safety of such items • Investigate new procedures to update the job hazard assessment and train employees on those hazards • Inspect the work area for new hazards • Respond to any non-compliant issues on the JHSC monthly inspections within 21 days

49. Supervisor Enforcement • Enforce the safety program with your employees • Report infractions to site management • Use progressive discipline • Correct any hazards immediately • Document your interventions • Ensure housekeeping is kept up in your area

50. Supervisor Interactions With Ministry of Labour Inspector: • MOL workplace inspections (the MOL do random inspections of work sites, whenever possible a JHSC member should also be present for these inspections) • MOL investigations (these non-scheduled investigations usually are initiated by a worker complaint) • MOL investigation of critical injury or fatality • When orders are written by MOL