Occupational Health & Safety Act for Supervisors

1. Occupational Health & Safety Actfor Supervisors Department of Occupational Health and Safety C37 East Office Building Phone: 416-736-5491 http://www.yorku.ca/dohs Refresher Training

2. Supervisor’s Training at York University • Mandatory supervisors’ training include: • Occupational Health and Safety Act (OHSA) • Workplace Inspections • Accident/Occupational Illness Investigation • WHMIS I or II (for all employees) • Othersafetytraining related to the work performed • Training schedule:http://www.yorku.ca/dohs/documents/Training_Schedule.pdf Contact DOHS (ksara@yorku.ca) to register • You are responsible for ensuring that your staff attend and maintain up to date all required training • New Employees Orientation: Review YU Occupational Health and Safety Manual http://www.yorku.ca/dohs/newemployees.htm

3. Objectives To serve as a refresher (once every 3 years) for supervisors who have completed the initial OHSA training: Learn about: • The OHS Act • Roles and Responsibilities of Workplace Parties • Supervisors Responsibilities • IRS and Due Diligence • Hazard reporting and Work refusal procedures • Quiz

4. Health & Safety • Why is health and safety important? • A healthy and safe workplace will: • Eliminate/reduce the workers pain and suffering • Reduce absences and increase productivity • Increase motivation and the commitment of employees • Reduce business costs, such as insurance premiums, and business disruption • Achieves compliance to legislation: We have a legal duty to protect our employees

5. Responsibility • Who is responsible for maintaining a healthy and safe workplace? • In practical application: All Workplace Parties • Workers • Supervisors • Employers

6. About the OHS Act (01 October 1979) • Purpose: to protect workers against health and safety hazards on the job • Outlines duties of: • Employers (Sec. 25-26) • Supervisors(Sec. 27) • Workers (Sec. 28)

7. About the OHS Act cont. • Rights of Workers include: • Right to know about hazards on the workplace • Right to participate in safety process • Right to refuse dangerous work (YU procedure)

8. Where you come in… Per OHSA Section 25 (2) (c) An employer shall, when appointing a supervisor, appoint a competent person.

9. Definition: Competent Person • Per OHSA Section 1 (1), a person who: • is qualified because of knowledge, training and experience to organize the work and its performance, • is familiar with this Act and the regulations that apply to the work, and • has knowledge of any potential or actual danger to health or safety in the workplace;

10. Definition pt. 1: Supervisor • Per OHSA Section 1 (1), supervisor is a person who has: • charge of a workplace, or • authority over a worker

11. Why two components? • Charge of a workplace (examples): • Office • Laboratory, studio, shop • Renovation (Project Coordinator) • Construction site • Off-site facilities • Authority over a worker: Traditional role

12. Example at YU: Role of the Supervisor in a Renovation • Role of Supervisor • Inform staff on project in advance (e.g., meeting, email, etc.) • Identify sensitive individuals • Report concerns to project coordinator • For details, refer to “York University Renovation and Construction: Health and Safety Handbook” http://www.yorku.ca/vpfa/documents/RenConstGuide.doc

13. Safety of Non-York Employees • York University as the employer/supervisor has safety obligations toward non -York employees (eg. consultants, volunteers, contractors/subcontractors etc.) if they work for York University • Contractors/subcontractors: Refer to “York University Constructor/Contractor Manual” for details http://www.yorku.ca/vpfa/documents/Constructor_Contractor_Manual.pdf • Volunteers: are covered by Occupational Health and Safety Policy under duty of care. Refer to YU Guidelines for Volunteers http://www.yorku.ca/finance/documents/Guidelines_for_Volunteers_on_University_Business.pdf

14. OHSA Responsibilities:EMPLOYERS(OHSA, Sec. 25, 26) • Ensure that equipment, materials and protective devices are provided, issued and maintained in good condition • Ensure that the measures and procedures prescribed are carried out in the workplace • Acquaint a worker or a supervisor with any hazard in the workplace • Take every precaution reasonable under the circumstances for the protection of a worker • NB: The responsibilities incumbent on the University as an employer are delegated to various levels of supervisory staff. In practice, many of the duties of the employer are exercised by senior officers and administrative managers.

15. SUPERVISORS(OHSA, Sec. 27) A supervisor shall ensure that a worker: • works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; • uses or wears the equipment, protective devices or clothing that are required to be used or worn. In addition, the supervisor shall: • advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; • provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and • take every precaution reasonable in the circumstances for the protection of a worker.

16. WORKERS (OHSA, Sec. 28) A worker shall: • work in compliance with this Act and regulations; • use or wear the equipment, protective devices or clothing that the employer requires; • report to his or her employer or supervisor the absence of or defect in any equipment or protective device, any contravention of this Act or the regulations or the existence of any hazard of which he or she knows. No worker shall, • remove or make ineffective any protective device required by the regulations or by his or her employer • use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.

17. “Westray Bill” C-45 • Westray Mine Disaster: an underground mine explosion at 5:18 am on 09 May 1992 in Plymouth, Pictou County, NS resulted in the death of 26 miners • Public inquiry resulted in recommending that corporate executives and directors be accountable for workplace safety. • Introduce Bill C-45; and amendment to the Criminal Code of Canada, on March 31, 2004 Photos: CBC

18. Impact of Bill C-45: 31 Mar. 2004 • Organizations (or groups within an organization) and corporations may be charged under criminal code for safety infractions of their representatives (including union groups) • Establish a legal duty for all persons directing work to take reasonable steps to ensure the safety of workers and the public (including students, visitors, etc.) • A dual charge can be laid (Bill C-45 and OHS Act)

19. OHSA Penalties Per OHSA Section 66 (1), every person who contravenes or fails to comply with, (a) a provision of this Act or the regulations; (b) an order or requirement of an inspector or a Director; or (c) an order of the Minister, May be fined up to $25,000 or to imprisonment up to twelve months, or to both.

20. OHSA Penalties Per OHSA Section 66 (2), If a corporation is convicted of an offence, the corporation may be fined up to $500,000. Ticketing MOL inspectors have the power to issue tickets for violation of Health & Safety requirements in the workplace; up to $300.00.

21. Internal Responsibility System • The Internal Responsibility System (IRS) stipulates that workers and employers must share the responsibility for occupational health and safety in the workplace • The IRS can be accomplished via two provisions: • Requirement for employers to have a health and safety policy and program(s) • Direct responsibility that officers of a corporation have for health and safety

22. Board of Governors President, VPs, AVPs, Deans, Directors Managers, Supervisors IRS at York University DIRECT RESPONSIBILITY Workers

23. President, VPs, AVPs, Deans, Directors Managers, Supervisors Workers IRS at York University Board of Governors ACCOUNTABLE COMMUNICATION and HAZARD REPORTING

24. Internal Resources at YU • Department of Occupational Health and Safety • Joint Health and Safety Committees • List of different JHSC and their members: http://www.yorku.ca/dohs/committees.htm • Health and Safety Officers: • List of HSOs: http://www.yorku.ca/dohs/ • Employee Well-Being Office • Office of the Counsel • Security, Parking & Transportation Services (eg. accident/incident response etc.) • Facilities Services (eg. facilities & equipment repair and maintenance etc.)

25. Joint Health and Safety Committees • Consist of Worker and Management members • Have legislated Functions and Powers • hold regular meetings • conduct workplace inspections • conduct accident investigations (critical injuries) • Consist of Certified members -power to stop dangerous work

26. JHSC-Workplace Inspections • Inspect different area every month,the entire workplace once a year • A workplace inspection report is completed. A copy of the report with findings and recommendations is sent to the area supervisor/manager. • The area supervisor/manager must respond to JHSC inspection report

27. Joint Health and Safety Committees • No person shall knowingly obstruct or interfere with a JHSC, a committee member or a H&S rep., in the exercise of a power or performance of a duty under the OHS Act sec.62(5). • The employer shall provide to the committee or to a health and safety representative the results of a report respecting occupational health and safety that is in the employer’s possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety; sec.25 (2) (l). • The employer shall advise workers and provide a copy of the results of a report referred to in the above. sec. 25(2)(m)

28. Protection against Bill C-45 & OHS Act • How do organizations or individuals protect themselves from liability under Bill C-45 & OHS Act? • Due diligence continues to be the only defence against prosecution under provincial OHS legislation. • OHSA Section 25 (2) (h) & 27 (2) (c) • An employer and a supervisor shall take every precaution reasonable in the circumstances for the protection of a worker.

29. Due Diligence • Think of it as: Best practice Philosophical, legal, (moral) concept More than just compliance to legislated (minimum) standards

30. Due Diligence: Applied • For Supervisors: Coaching Job Observation Safety Talks Enforcement of Rules And Regulations Discipline Taking Problems to Senior Management Taking Action (respond to workers’ health and safety concerns) • For Managers: OHS Performance Evaluation Holding Others Accountable Implementing Programs Considering System Wide Problems • For Executives: PolicyCompetent ProfessionalsSufficient Resource AllocationLeadershipHolding Subordinates AccountableDeveloping and Maintaining an OHS SystemEnsuring Periodic System Audits Source: Strahlendorf, 1996

31. Improving Safety in the Workplace • Eliminate/reduce hazards • substitution, barriers, enclosures, fill in the hole etc. • Exercise administrative controls • work safe practices, training, supervision, warning signs, etc. • Provide and enforce use of personal protective equipment • safety glasses, gloves, respirator, harness etc.

32. Investment in Health & Safety • All potential safety measures have an associated cost • The bigger question is: Can we afford to NOT apply such measures? • In the long run investment in health & safety is far more cheaper than the cost of injuries, lost time etc.

33. Accident Costs Prevention Discomfort, Injury, Death • Direct costs • Compensation, medical, rehabilitation • Indirect Costs • Property, equipment and/or material damage (e.g., repair or replacement, etc.) • Administrative costs (e.g., paperwork, absenteeism, etc.) • Productivity costs (e.g., training and lower productivity of new employees, cost of temporary help, reduced or lost quality and productivity of existing employees, etc.) • Ministry of Labour costs (e.g., orders, fines, etc.) • Legal costs (e.g., private liability, lawyers, etc.) • Other (e.g., loss of market status/reputation, etc.)

34. Being Proactive… • Do not rely on people to not make mistakes • Be proactive in early identification and elimination of hazard (hazard elimination is better) Remember: Take every precaution reasonable in the circumstances

35. Defense Against a Charge OHS Act: Section 66 (3) The accused to prove that every precaution reasonable in the circumstances was taken.

36. Lack of Due Diligence for Supervisors’ Duties • Should have known about a hazard, but did nothing to find out. Source: Strahlendorf, 1996

37. Lack of Due Diligence for Supervisors’ Duties • Knew about a hazard, but … • took no steps to correct it • took no steps to refer it to someone who could correct it • did not warn or advise workers about it

38. Lack of Due Diligence for Supervisors’ Duties • Believed a worker was entitled to "assume the risk", and so did not engage in rule enforcement.

39. Lack of Due Diligence for Supervisors’ Duties • Did not engage in • safety talks • job observation • Discouraged reports of hazards by workers • “I don’t want to hear it”

40. OHS Act and Regulations Available on the MOL website at: OHS Act: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o01_e.htm Regulations: http://www.labour.gov.on.ca/english/hs/laws/regulations.php A Guide to the OHS Act http://www.labour.gov.on.ca/english/hs/pubs/ohsa/index.php

41. Examples of Applicable OHSA Regulations Designated Substances Industrial Establishments Training Programs (for JHSCs) Training Requirements For Certain Skill Sets And Trades (e.g., electricians, plumbers, mechanics, etc.) University Academics And Teaching Assistants Workplace Hazardous Materials Information System X-Ray Safety …

42. University Academics and Teaching Assistants 1. The Act applies to every person who is employed as a member or teaching assistant of the academic staff of a university or of a related institution. R.R.O.1990, Reg. 858, s. 1.

43. Guidelines, Codes, and Standards One must also refer to guidelines, codes, standards to establish what is “reasonable” Examples: • Building and Fire Codes • Canadian Standards Association (CSA) • Ministry of Labour (MOL) guidelines • VDT Workstations: Layout and Lighting • Guideline for the Safe Operation and Maintenance of Powered Lift Trucks

44. Response to Hazard Reporting • Supervisors shall respond to workers' concerns as soon as possible (max. 24 hours after complaint) • The response could be any of the following: • the resolution of the concern • a timetable for the resolution of the concern • an indication that steps have been taken towards the resolution of the concern (e.g. Maintenance has been called) • scheduling a time to discuss the concern with workers in more detail • Refer to the following chart on the hazard reporting procedure

45. HAZARD REPORTING SYSTEM

46. Response to Work Refusal (OHSA, section 43) • What do you do when a worker refuses? • Refer to the following chart on the work refusal protocol • JHSC and DOHS will be involved

47. Work Refusal Protocol

48. Avoiding Work Refusals • Encourage hazard reporting • Be proactive, identify and address hazards (e.g., workplace inspections) • Involve employees in problem solving • Work design • Equipment selection

49. Accident Response & Investigation Asbestos Safety Biosafety Compressed Gas Safety Confined Space Ergonomics / Musculoskeletal Injury Prevention First Aid Hearing Conservation Hepatitis A and B Indoor Air Quality Laboratory Safety Ladder Safety Laser Safety Radiation Safety Transportation of Dangerous Goods Workplace Hazardous Materials Information System (WHMIS) DOHS Programmes: www.yorku.ca/dohs

50. QUIZ OHS Act Refresher Training REMEMBER: TO BE CONSIDERED TRAINED, YOU ARE NOW REQUIRED TO COMPLETE THE QUIZ: Note: To access the quiz, please copy and paste the link (below) into your web browser. Link to Quiz: http://www.yorku.ca/dohs/yquiz/OHSATraining/quiz/OHSATraining.quiz