Workplace Safety Roles & Responsibilities

1. Workplace Safety Roles & Responsibilities Arun Kaura OSSA Consultant > <

2. Who We Are The Ontario Service Safety Alliance (OSSA) is a not-for-profit occupational health & safety consulting company. Our Vision:Lead and inspire change: Workplace injury and illness are unacceptable. Our Mission:Enable Ontario service sector workplaces to be the healthiest and safest in the world.

3. Ontario Service Safety Alliance Safe Workplace Association for the Service Sector • Includes employment, recruitment, and staffing services industry • 35 Field staff across province • Provide employers with consulting advice, guidance on legal obligations, health & safety program development • Safety products & training solutions are sector-specific, self-paced solutions available • www.ossa.com

4. Staffing Industry Considerations • Increase in demand for temporary & contract work • Statistics – temporary workers at greater risk of injury • Increasing government and media attention • ‘Transient’ or ‘Transitional’ workforce • Newly landed immigrants, young workers, varying education levels, ESL/FSL issues, age, ethnicity, cultural factors that impact safety • H&S awareness levels among temporary workers

5. Health & Safety Law in Canada • Federal – Canada Labour Code, Part II & Regulations • banks, inter-provincial rail, trucking, airlines, airports, telephone, post office, federal government employees • Bill C-45 – Amendment to Criminal Code of Canada • Provincial - Health & Safety Acts & Regulations • British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island

6. Laws are Based on Similar Principles • Legal health & safety requirements • Internal Responsibility System • Senior management commitment • Employee knowledge, involvement • Employee rights • Joint Health & Safety Committee • Responsibility ultimately remains with employer to “take all precautions reasonable in circumstances to protect the worker..”

7. The Internal Responsibility System • Internal Responsibility System (IRS) • Managers, Supervisors, and Workers share responsibility for workplace safety • IRS relies on all parties to play active role to sustain workplace health & safety program • Joint Health & Safety Committee (JHSC) • intended to play role as ‘oversight committee’ - monitors safety program provided by employer, gives workers voice in workplace safety • Occupational Health & Safety Policy

8. Employer’s Responsibilities • Comply with and ensure that Act/Regulations are complied with • Prepare a written health & safety policy, and administer a health & safety program • Identify & control workplace hazards • Inform workers about workplace hazards • Provide safety training on hazards, equipment, materials use, processes, etc..

9. Employer’s Responsibilities • Provide workers with the means to work safely • Provide supervision, tools, equipment maintained in good repair, ensure that personal protective equipment (PPE) is available and used • Help the JHSC carry out its duties, respond to recommendations, provide safety information/reports, consult with JHSC on new, ongoing initiatives **What does this mean for the Staffing Industry?**

10. Supervisor’s Responsibilities • Inform workers of hazards • Provide training, instruction, ‘supervision’ • Ensure employees follow safety law and regulations, employer’s policies/procedures, use safety equipment properly, work safely • Use company ‘disciplinary’ policy to ensuresafety laws and workplace policies are followed • Recognition, Feedback • Coaching, Corrective action, Discipline if necessary **Who fills the role of “Supervisor” at your firm?**

11. Workers’ Rights • Right to Know • Applicable safety act/regulations • Hazards - instruction, training, written materials, supervision • About equipment, machinery, processes • How to work safely • Right to Participate • Hazard reporting, making suggestions for improvements • Membership on JHSC – meetings, recommendations, inspections, accident investigation, right to be consulted and provide input • Right to Refuseunsafe work– “safety net” • Protection from reprisals

12. Workers’ Responsibilities • Follow applicable safety Act/Regulations and policies/procedures set by employer • Use safety equipment for the job as instructed • Report any known hazards and violations • Not remove any protective device, ex. machine guards • Not use or operate any equipment or work in a manner that may endanger themselves or other workers **How does your firm address these items?**

13. JHSC Responsibilities • Makes recommendations to employer about health and safety improvements • Participates in government safety inspections and investigations • Investigates serious accidents • Investigates complaints dealing with work refusals

14. Contractor Responsibilities Staffing agencies considered “contractors” • Employers/Contractors must provide safe workplace, training, education, and supervision • Employer and Contractor may both be held liable depending on circumstances • Staffing firms and employers now beginning to pre-qualify through agreements and safety information disclosure • Verification of training, protective equipment, knowledge of rights & responsibilities, documentation, etc. • Governments considering greater regulation of staffing industry. Labour standards, health & safety will be impacted

15. Fines & Penaltiesex. Ontario Ministry of Labour (MOL) Corporations:Up to a $500,000 fine + 25% "Victim Surcharge“ per offence Individuals:Up to $25,000 fine per offence and/or up to 12 months imprisonment + 25% "Victim Surcharge“ per offence MOL Ticketing: Managers, supervisors & workers can now be issued fines by an MOL Inspector for Act violations - $200 to $300 depending on the offence Fines & Penalties vary by jurisdiction

16. Bill C-45 “The Westray Bill” Criminal Code Amendment – Criminal Negligence Higher level of deterrence in addition to provincial & federal safety laws • Organization, its representatives or any persons that display wanton, reckless disregard for safety, failure to take reasonable care Fines & Penalties Designed to reflect seriousness of offence • Summary conviction for organization – up to $100,000 • For indictable offences – unlimited fines • lengthy prison terms • restitution payments (creative sentencing) • organization/persons can be put on probation

17. What is Due Diligence? Due Diligence is a legal defence • Employer is assumed to be guilty until proven innocent • Due diligence is a well-documented defence where an employer proves they have taken all reasonable steps to prevent injuries by going above and beyond legal compliance • It implies that a complete oh&s program is in place, and is monitored regularly by the employer and IRS • Merely proving that the employer provided a safety program will not withstand legal scrutiny alone • An employer must also prove that they have ‘enforced’ the safety program to “Ensure that”.. work is done safely by all

18. Proving Reasonable Care and Due Diligence Examples of Documentation • Occupational health & safety policy • Client pre-qualification process, records • Service level agreements with clients • Use of specific contract language respecting safety, for example: • Safety orientation/training, equipment, supervision, specifying work activities • Termination of service conditions if safe workplace not provided or if workers harmed

19. Proving Reasonable Care and Due Diligence Examples of Documentation(…continued) • Client site workplace verification activities • Staffing firm & client workplace safety policies and procedures • Instructions for safe use of equipment • Education/training programs, rules for working safely • Injury/illness reporting practices • Workplace inspections • Accident investigations, corrective actions taken • Accident/incident statistical reviews • Regular meetings to review safety issues • Enforcing regulations and applying discipline if required • Emergency response plans

20. Conclusion “Best Practice” approach is advised