Supervision and Safety

1. Supervision andSafety 1

2. Administration • Emergencyexits • Washrooms • No smokingpolicy • Cellphones • Breaks

3. Coursematerials • Namecard • Workbook • Selfcheck • Evaluation • Guide • Legislation • Handouts

4. Learningobjectives • How to find information in the Saskatchewan Employment Act (SEA), Part III andregulations • Ability to understand the principles of a workplace responsibility system (WRS) and roles of workplace parties • Supervisor’s legalduties • Health and safetysystems • How to supervisesafety

5. Introductions • Instructor • Introduceyourselves • Name • Employer • Industry • Position • Length of time as asupervisor

6. Video • Rights and Responsibilities: Your Path to a Safe Workplace • Contains Saskatchewan statisticalinformation • Listen to workers –safety culture • The clip addresses the importance ofOHS

7. Who is asupervisor? SEA 3-1(1)(dd): An individual who is authorized by an employer to oversee or direct the work of theemployer’s workers.

8. Groupactivity • Discuss thesequestions: • What are the characteristics of an effective supervisor? • What can a successful supervisor do to achieve a safe workplace? • Choosespokesperson

9. OHS inSaskatchewan • General duties ofemployer • SEA 3-8: Employer shall ensure the health, safety and welfare ofworkers • SEA 3-8 (f)(ii): Employer shall ensure all work at the place of employment is supervised sufficiently andcompetently • General duties ofsupervisors • SEA 3-9(a): Supervisors shall ensure health and safety of workers under their supervision and direction general duties ofworkers • General duties ofworkers • SEA 3-10(a): Worker(s) shall ensure their health and safety and the health and safety of otherworkers

10. Finding information inlegislation Saskatchewan’s occupational health and safety legislation consists of acts, regulations and codesof practice.

11. Saskatchewan EmploymentAct • Acts are passed bylegislature • The Saskatchewan Employment Act, PartIII: • Sets out general duties for health andsafety • States what to do by setting out the rights and responsibilities of everyone in the workplace • Establishes a framework for sharing responsibility and identifying and controlling hazards • Provides an enforcement mechanism and penalties for non- compliance

12. Saskatchewan EmploymentAct • Consolidates 12 acts • Contains 10 parts identified by Romannumerals • OHS componentsinclude: • Part III – Occupational health andsafety • Part V – Radiation health andsafety

13. OHSregulations • Enacted bycabinet • Set out certain specific minimum standards in addition to general duties in SEA, PartIII

14. Codes ofpractice • Help employers comply with certain parts of the regulations: • Protect firefighters • Provide safe and healthy computer workstations(video displayunits) • saskatchewan.ca

15. Federallyregulated If you work in a federally-regulated workplace you need to be aware of your duties and responsibilities underthe Canada LabourCode.

16. Tour thelegislation • Legislation available atsaskatchewan.ca • SEA and regulations have tables ofcontents • SEA: Part/Division/section# • Regulation: Part/regulation# • #’s do not refer topages • To finddefinitions: • SEA 3-1, Interpretation ofpart • Regulation 2,Interpretation

17. SEA – Table ofcontents • Roman numerals designate main parts ofSEA • Divisions differentiate topics within the Part (Division3 • - Duties) • Section – Specific-numbered clause (SEA 3-8, General duties ofemployer) • Sub clause – Numbers or letters used to further clarify section (3-8(b)-consult and cooperate withOHC)

18. Regulations • Table ofcontents • 33 parts • 494 regulations • Alphabetized index only applies to regulations (key wordsused) • Index by section# • Appendix only to theregulations • Tables referenced inregulations • Regulations referenced intables

19. Project: Find theinformation • Use legislation to answer questions. Instructor may ask you to doall questions or assign one question to eachgroup • For each question, state if the correct answer is in SEA, Part III orregulations • List applicable title, section number orregulation • Examples: • SEA, Part III, General duties of employer, section 3-8 (SEA3-8) • Regulations, General duties of employers, section 12 (regulation12) • Divide work among your group. Reference section numbers, notpage numbers • Share your answers withclass

20. SEA, Part III – General dutiesof supervisors3-9 • Supervisor shall be familiar with OHSlegislation • Supervision and Safety Guide appendices • Organization of thelegislation

21. WRSprinciples • Everyone works together to identify and control hazards • Everyone integrates health and safety into their work • Competent managers, supervisors and employees who worksafely • EffectiveOHCs/representative

22. Rights in theWRS Workers have three fundamentalrights: The right toknow The right toparticipate The right torefuse

23. Responsibilities ofemployers • Provide a safe and healthy workplace • Provide required safetyprocedures • Ensure equipment is provided andmaintained • EstablishOHCs/representatives • Ensure supervisors arecompetent • Ensure workers are trained and supervised competently

24. Responsibilities ofsupervisors • Ensure workers they supervise know and comply with legislation • Fulfill the responsibilities assigned by the employer • Can include role in identifying, assessing and controllinghazards

25. Responsibilities ofsupervisors • Alsoincludes: • Role in worker orientation andtraining • Direct supervision (observation anddirection) • Setting a good example (comply withlegislation) • Support OHCs/representative

26. Responsibilities ofworkers • Use orientation and trainingprovided • Follow safe work practices • Use protectiveequipment • Inspect tools • SupportOHC/representative • Comply withlegislation

27. Occupational healthcommittees • Enable worker’s right to participate • Participate in the identification and control of hazards • Consist of employers and workers • Monitor OHS system and recommendimprovements

28. Representatives • Table 7 – employers with 5 to 9employees • Enable worker’s right to participate • Participate in the identification and control of hazards

29. Role of OHSDivision • Administerslegislation • Helps workplaces maintain safe workenvironment • Monitors effectiveness of the system • Helps resolveconcerns • Enforces SEA andregulations

30. Video The Supervisor (WorkSafeB.C.) http://www2.worksafebc.com/Publications/Multimedia/Videos.asp? reportid=34280

31. Supervisors’ legal dutiesand requiredcompetence • Due diligence means taking every precaution reasonable in the circumstances to avoid both harm or an offence against thelaw • Supervisors must demonstrate they were duly diligent in attempting to meet their legalobligation

32. Duediligence • General duty ofcare • Regulatorycompliance • Doing everything that is reasonablypracticable • Proactive OHSplanning

33. Duediligence • Foreseeability – Could a reasonable person have foreseen that something could gowrong? • Preventability – Was there an opportunity to prevent something from going wrong? If so, was such an effort made? • Severity of the hazard – How serious would the consequences likely havebeen? • Control – Who was in the best position to prevent what went wrong?

34. Proactiveplanning • Keyelements: • Policies • Training • Orientation • Procedures • Evaluate andimprove • Implementation

35. Due diligencechecklist • As a supervisor, doyou: • Demonstrate commitment? • Identify, assess and controlhazards? • Prepare foremergencies? • Assignresponsibilities? • Conduct regularinspections?

36. Due diligencechecklist • As a supervisor, doyou: • Control chemicals and biologicalsubstances? • Ensure workers receive orientation andtraining? • Investigateincidents? • Involve your workers in health andsafety? • Evaluate and revise your OHS systemregularly?

37. Supervisors • Are agents of employer and assigned significant responsibilities forOHS • Are in a position todirectly: • Identify hazards on thejob • Handle concerns • Assess risk and makecorrections • Enforce safe workprocedures • Ensure training ofworkers

38. Lack of duediligence • January 19, 2012: Saskatoon construction company plead guilty to one count for failure to provide competent and sufficient supervision toworkers • During a routine inspection of an excavation site on April 8, 2010, workers were observed in a 3.3-metre deep trench that was not shoredproperly • Construction company fined$7,700

39. Lack of duediligence • In 2007 following two work-site inspections, Saskatoon construction company fined $3,250 and supervisor fined $3,250 for OHSviolations • Employer fined for failing to ensure protection from cave-ins or sliding material in anexcavation • Supervisor fined for failing to ensure workers under his direction were in compliance with OHS standards

40. Lack of duediligence • November 11, 2011: Manitoba contractor plead guilty to three counts for failure to use fall protection system and protective headwear, and failure to supervise work sufficiently andcompetently • $2,040 fineimposed • Supervisor plead guilty to one count for failure to ensure worker compliance under his direction and fined$840 • Seven workers with company each plead guilty to one count for failing to utilize fall protection and each fined$580

41. Consequences • Lack of duediligence: • The employer can beprosecuted • The supervisor can beprosecuted • The supervisor can bedisciplined • Offences and Penalties, SEA 3-78 and3-79 • − Every person who fails to comply with any provision of this part or any provision of the regulations made pursuant to this part could receive apenalty

42. As adefense • If prosecuted, you must prove your duediligence • You must show the court how you took every precaution reasonable in the circumstances

43. A good line of defense forsupervisors • Tell your workersabout: • Your commitment to prevent injuries andillnesses • What you will do to ensure a healthy and safeworkplace • What you expect them todo • How the health and safety system will beadministered

44. Managingcontracts • SEA 3-1(1)(y) Prime contractor: A person who is the prime contractor in accordance with SEA3-13 • SEA 3-13, General duties of prime contractors at certainmulti- employerworksites • Every worksite must have prime contractor ifworksite: • Has multiple employers or self-employedpersons • Meets prescribecircumstances • Prime contractor determined in prescribed manner and carries out prescribedactivities

45. Duediligence • When managing contracts (responsibilitiesassigned): • Define the job, who is responsible forwhat • Select a safety-consciousorganization • Clarify mutual OHSexpectations • Cooperate to controlhazards • Monitor OHS performance andreport

46. Supervisorcompetence SEA 3-1(1)(e) defines competent as “possessing knowledge, experience and training to perform aspecific duty”.

47. Supervisors • Employers must ensure supervisors arecompetent • Competence = Knowledge, training andexperience • SEA 3-8 – General duties of the employer • SEA 3-8(f)(i): Employer shall ensure employer’s workers are trained in all matters necessary to protect their health, safety andwelfare • SEA 3-8(f)(ii): Employer shall ensure all work at place of employment is supervised sufficiently andcompetently

48. Health and safetysystems • The safety policy is the employer’s written promise to provide a healthy and safe workenvironment • Supervisors must be familiar with the philosophy and content of the workplace’s health and safetysystem

49. A sound health and safetysystem • Statement ofpolicy • Riskidentification • Resourceidentification • Responsibilities • Inspectionschedules • Chemical/biologicalplan • Trainingworkers • Incidentinvestigation • Worker participation • Programreview

50. Elements of a good healthand safetysystem • Workplacespecific • Commitment fromemployer • Worker input • Clear responsibilities andaccountabilities • Evaluationmechanism • Effectivecommunications