2 ObjectivesUnderstand the roles and responsibilities of managers/supervisors according to the Workplace Health and Safety Act W210.Recognize and understand worker rights and the internal responsibility system in the workplace.
3 Objectives 3. Understand the principles and elements of due diligence 4. Understand the roles and responsibilities of Workplace Safety and Health Division.5. Understand the role of the Safety and Health committee.
4 Objectives6. Recognize and utilize opportunities for Inspections and Incident Investigations7. Have general knowledge of hazard recognition, Job Hazard Analysis, risk assessment, control concepts, safe work procedures and training of workers.
5 Agenda The Legislation Bill C 45 The Rights of all Workers Internal Responsibility SystemDue DiligenceVideo- 7 Things You’d Better Know.1. Why is the WRHA developing safety programs now? Why Improvement Ordersfrom Manitoba Labour?2. Second highest injury rate in the province of Manitoba. Second to Manufacturing.3. Can anyone guess what types of injuries are most common? ( MSI)4. What departments have the highest rate? (medicine usually)
6 Principles of the Legislation “The Act”The Workplace Safety and Health Regulation. “The Regulation” M.R. 217/2006Code of Practice
7 The ACT W210- Outlines the shared responsibility of worker rights. Gives specific information about the general duties of employers, supervisors, workers and safety officers.- Outlines the role and powers of government.- Outlines offences and penalties for non compliance.1. Who is regulated provincially and who is regulated federally?- Federal: Banks, Railroads, Military, Airlines, Airports, Inter-provincial trucking companies.- Provincially is everyone else. So if you have a company with several branches that does not fall under federal jurisdiction then you will need a safety program for each province.2. Officers have large powers and in the event of a serious incident can have more power than a police officer for recovery of documents and access to employees and records.3. The act is the Apple Pie or big umbrella
8 The RegulationsA regulation states how to meet the responsibilities and duties as laid out in the ACT.An example would be: the ACT requires employers to protect workers against controlled products in the workplace. Regulation 217/2006 Part 35 states how to do this.1. Give substantially more details on how to get the there.
9 New Regulation44 parts providing specific information on different elements.New regulations on Harassment in the Workplace and Violence in the Workplace.MSI requirement Part 8There are also definition changes. (Designated Product)
10 Code of Practice/Guidelines Code of Practice is a guideline based on best practices in an industry at the time of research and publication.“Codes are NOT regulations, but can be used as evidence of what should have been done to comply”.1. A code of practice is an industry standard, such as the CSA standards or ANSI.2. A code of practice on its own is not law and is not enforceable unless it is referenced in a regulation. For example, if a regulations states “they shall wear a CSA approved hardhat” this now is law and must be followed.3. There are many regulations giving substantial detail on how to reach best practice in a certain industry or function.
11 What is the Definition of a Supervisor? - a person who has charge of a workplace or authority over a worker.If you have direct authority over even one person, you are considered a supervisor.1. The change to The Act in August 2002 affected the wording of a supervisor and it certainly covers a broader group of people. This in some healthcare situations can be a challenge as we have nurses that get responsibility pay at certain times but are not classified as supervisors?
12 Duties of a Supervisor 4.1 (a) Take all precautions necessary to protect the safety and health of a worker under his or her supervision.1. They use the word “worker” in the Act to ensure that we include volunteers, contractors, physicians etc.
13 4.1Ensure that a worker under his or her supervision works in the manner and in accordance with the procedures and measures required by this Act and the Regulations.1. This is probably the most important piece of the supervisor responsibilities as it allows you a mechanism for enforcement.There is an obligation to discipline for non compliance.2. Simply interpreted “you have a responsibility to discipline workers who do not follow safety rules, safe work procedures whether outlined in the Act, regulations or your facility policies and procedures.
14 4.1 (b)Advise a worker under his or her supervision of all known or reasonably foreseeable risks to safety and health in the area where the worker is performing work.1. Hazard Identification- if you don’t know, how can you inform workers?2. Right to Know piece.3. Give an example: the worker at one of the cement companies in Winnipeg.- leg caught in conveyor outside his work area/ outside the building.worker left assigned area- worker tried to free a jam in the conveyor outside the building where aggregate wasmoved into the buildingclimbed on conveyor, fell with leg going through conveyor. Broke Femor between rollers.It was not foreseeable by the manager that a person would do this. He was not asked to do this. Therefore the manger and company was not held responsible.
15 4.1 (c)Co-operate with any other person exercising a duty imposed by this Act or the Regulations.1. Officer2. Committee member3. Employee voicing a concern.
16 The Higher the Authority, the Higher the Responsibility. WHY? If you supervise someone, you have a direct responsibility for their safety and health.1. Answer the question why? Who controls the money and resources?Who has direct authority over another?
17 Supervisor Key Responsibilities Know the LegislationPlan for SafetyParticipate in Inspections & InvestigationsInvestigate Work RefusalsTrain and Inform Workers of the Potential RisksEnforce Safe Work Procedures1. All supervisors must attend this training2. Pro-active not reactive.3. Participate does not mean you do them all…..4. Understand and participate in all work refusals under your jurisdiction.5. Right to know; right to protect themselves.6. Discipline
18 Bill- C45 Criminal Code Section 217.1 May 9th 1992 Westray Mines explosion killed 26 workers.Legislation Bill C-45 introduced to make it easier to prosecute companies and other organizations for failing to protect workers.This legislation closed the loop holes and now makes corporations and organizations criminally responsible for wanton or reckless disregard of workplace safety.
19 Getting around Historical Difficulties Removing the requirement that the offence be committed by a senior executive or “directing mind” of an organization.Removing the requirement that both the criminal intent and the act of committing the crime be carried out by the same individual within the organization.
20 3. Expanding the identity of individuals within an organization who can commit a criminal act to include all employees, agents and subcontractors.
21 Establishing that criminal intent can be attributed to an organization as a whole rather than to a specific individual within the organization;
22 In the case of wanton or reckless disregard, establishing that criminal intent will exist where a senior executive of the organization had knowledge of the offence but failed to take steps to stop the offence from occurring
23 Creating a specific legal duty on anyone who undertakes, or has authority to direct how another person does work or performs a task to take reasonable steps to prevent bodily harm from occurring to anyone arising from that work or task.
24 Rights and Responsibilities WORKERS RIGHTSThe Right to KnowThe Right to ParticipateThe Right to Refuse Unsafe Work(Non Discrimination)1. Do not give to much info here. These rights are standard from province to province.You will go into more detail on upcoming slides.
25 The Right to Know About hazards and the control of risks To be trained To know how to protect themselvesTo know about the laws1. What this really means is that as a supervisors and an employer, we have a legal requirement to identify all of the hazards in the workplace, then education and teach all employees about them.2. This also means that we have to teach employees or workers how to protect themselves. What are the safety rules?
26 The Right to Participate Safety CommitteeIdentifying hazardsMaking recommendationsProviding feedback1. What this really means is that as a supervisors and an employer, we have a legal requirement to identify all of the hazards in the workplace, then education and teach all employees about them.2. This also means that we have to teach employees or workers how to protect themselves. What are the safety rules?
27 Right to Refuse Unsafe Work Every worker has the right to refuse any work that they believe to be unsafe.Key to this right: any worker refusing to work is protected from discriminatory action by his/her employer or union.1. This is covered under the element of Worker Involvement. How are we going to get workers involved in our safety program?2. Do we have mechanisms for reporting hazards or concern, such as a Hazard Condition Report?3. We have a requirement to ensure that workers are involved.
28 Process for the Right to Refuse Inform supervisor immediately. Supervisor resolves.If supervisor unable to resolve, inform management and worker co-chair of the committee. They will investigate fully and resolve.If they are still unable to resolve, inform the MBLabour Workplace Safety & Health Division4. Rules for Assigning the Work to another worker.1. Manitoba labour is extremely critical of any organization that does not follow this process 100%.2. Do you have forms designed specifically for a serious accident or incident that allows for thorough documentation of the investigation?3. You must have a mechanism within the policies for reporting to Manitoba Labour. It is not usually done by front line supervisors.4. Assigning the work to another can only be done when the new worker has been informed directly from the refusing worker and not by anyone else.
29 INTERNAL RESPONSIBILITY SYSTEM What is the IRS?INTERNAL RESPONSIBILITY SYSTEM
30 What Does This Mean?The IRS or Internal Responsibility System is where all levels; employers, managers, supervisors and workers all have an integral role to play in the success of a safe and healthy workplace.As a result, employers have the greatest responsibility and the Workplace H &S Committees are the monitors of the IRS.
31 IRS1. What is the primary role of the committee? They are the monitors of the safety program!2. Give examples. Committee members are trained to understand that whether they are a worker rep or management rep, that they have a responsibility for compliance and monitoring.i.e. If a supervisor does not enforce the use of PPE where required and a committee member knows, they must report.i.e. If a worker does not use PPE as required, they must advise management.i.e. If a manager does not complete their required inspections, the committee member responsible will advise the committee and the manager that it is required.3. Committee members should take on specific monitoring roles such as:- monitor inspections- monitor first aid kits.- monitor contractors and self employed program.- monitor injury rates and report to committee etc,
32 I R S Includes Duties of Employer Right to Participate Duties of SupervisorDuties of EmployeesRole of Committee orRepresentativeRight to ParticipateRight to KnowRight to Refuse
33 All elements of the IRS must be working simultaneously. TO BE EFFECTIVE…All elements of the IRS must be working simultaneously.If group, party or person does not do their part, your system will be ineffective and non-compliant.
34 IRS Responsibilities Identification of hazards. Analysis of the risks posed by those hazards.Communication of information throughout the workplace about the risks.Control of those risks.Everyone is responsible for the IRS to be effective.The committee monitors the success of the safety program.
35 DUE DILIGENCE Manitoba Labour Definition: - due diligence means everyone with responsibility for safety and health must “take every precaution reasonable in the circumstances to avoid a work related injury or illness”.It is critical that all participants understand that this re-enforces the “everyone is responsible” Examples are good here.
36 Reasonably Practicable The employer took, every possible precaution.The greater the risk, the greater the safety and health intervention required.Again examples help to make it real. This really means that employers must make the intervention of control mechanism equal to the risk.EXAMPLE: Confined space entry requires a much larger and significant intervention than does cleaning a Century Tub. Training, PPE, specialized equipment, air monitoring.
37 MB Labour Also Says…General Duties: everyone in the workplace must take reasonable care of their safety and health and that of others. As a supervisor you have additional responsibilities to ensure the safety of the workers and others.
38 And…..Regulatory Compliance: show that employers and workers take every reasonably practicable action to ensure compliance.Re-enforce that compliance is for everyone, employers and employees, including contractors such as physicians and agency nurses.Re-enforce “Every reasonable practicable action”
39 Elements of Due Diligence Policies: to demonstrate their commitment to safety and health in the workplace.Training: for each worker to acquire the skills and knowledge to ensure competency has been met related to the job.Measurement: audits, inspections performance evaluations.Enforcement: to enforce policies and procedures where required and establish a discipline process.You need supervisors to understand their unique role in the due diligence process.If their facility does not have a process for record keeping, they need to develop it. This means that all training records must be kept and all training must have competency testing which is kept.Discipline for non compliance must be kept to ensure due diligence.
40 What Does it Really Mean? Tell meShow meTeach meTrain meTest meObserve meDiscipline MeShare some history with the participants. For example: what was due diligence 15 years ago as compared to due diligence today.20 years ago, on the job orientation was enoughthen class room (what do people do in class room, fall asleep)then we gave them a test. Test their knowledgeNow we do all of the above and we also provide observation training. Observe staff doing it right.This is a requirement. This is Due Diligence.
41 Due Diligence Requires…. A proactive, systematic approach to safety management.The safety management program is critical.This can only be developed when a strong safety program is in place.Proactive vs. Reactive.Some companies are referring to the management system as the Everyone’s Safety System. (When there is an accident, we say there was a failure in the Everyone Safety System, or Management Safety System). The Management Safety System implies that it is a management system and not an organizational system for everyone.The foundation is the program. You must have a Safety Program to have a SafetySystem.
42 7 THINGS YOU’D BETTER KNOW! VIDEO7 THINGS YOU’D BETTER KNOW!