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Health and Safety Chapter 10. Objectives 1. Understand the roles and responsibilities of managers/supervisors according to the Workplace Health and Safety.

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Presentation on theme: "Health and Safety Chapter 10. Objectives 1. Understand the roles and responsibilities of managers/supervisors according to the Workplace Health and Safety."— Presentation transcript:

1 Health and Safety Chapter 10

2 Objectives 1. Understand the roles and responsibilities of managers/supervisors according to the Workplace Health and Safety Act W 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 Objectives 6. Recognize and utilize opportunities for Inspections and Incident Investigations 7. Have general knowledge of hazard recognition, Job Hazard Analysis, risk assessment, control concepts, safe work procedures and training of workers.

5 Agenda The Legislation The Legislation Bill C 45 Bill C 45 The Rights of all Workers The Rights of all Workers Internal Responsibility System Internal Responsibility System Due Diligence Due Diligence Video- 7 Things You’d Better Know. Video- 7 Things You’d Better Know.

6 Principles of the Legislation “The Act” “The Act” The Workplace Safety and Health Regulation. “The Regulation” M.R. 217/2006 The Workplace Safety and Health Regulation. “The Regulation” M.R. 217/2006 Code of Practice Code 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.

8 The Regulations A 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.

9 New Regulation 44 parts providing specific information on different elements. 44 parts providing specific information on different elements. New regulations on Harassment in the Workplace and Violence in the Workplace. New regulations on Harassment in the Workplace and Violence in the Workplace. MSI requirement Part 8 MSI requirement Part 8 There are also definition changes. (Designated Product) There 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”. “Codes are NOT regulations, but can be used as evidence of what should have been done to comply”.

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.

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. Take all precautions necessary to protect the safety and health of a worker under his or her supervision.

13 4.1 Ensure 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. Ensure 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.

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. 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.

15 4.1 (c) Co-operate with any other person exercising a duty imposed by this Act or the Regulations. Co-operate with any other person exercising a duty imposed by this Act or the Regulations.

16 The Higher the Authority, the Higher the Responsibility. The Higher the Authority, the Higher the Responsibility.WHY? If you supervise someone, you have a direct responsibility for their safety and health. If you supervise someone, you have a direct responsibility for their safety and health.

17 Supervisor Key Responsibilities Know the Legislation Know the Legislation Plan for Safety Plan for Safety Participate in Inspections & Investigations Participate in Inspections & Investigations Investigate Work Refusals Investigate Work Refusals Train and Inform Workers of the Potential Risks Train and Inform Workers of the Potential Risks Enforce Safe Work Procedures Enforce Safe Work Procedures

18 Bill- C45 Criminal Code Section May 9 th 1992 Westray Mines explosion killed 26 workers. May 9 th 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. 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. 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 1. Removing the requirement that the offence be committed by a senior executive or “directing mind” of an organization. 2. 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 4. Establishing that criminal intent can be attributed to an organization as a whole rather than to a specific individual within the organization;

22 5. 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 6. 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 RIGHTS The Right to Know The Right to Know The Right to Participate The Right to Participate The Right to Refuse Unsafe Work The Right to Refuse Unsafe Work (Non Discrimination) (Non Discrimination)

25 The Right to Know About hazards and the control of risks About hazards and the control of risks To be trained To be trained To know how to protect themselves To know how to protect themselves To know about the laws To know about the laws

26 The Right to Participate Safety Committee Safety Committee Identifying hazards Identifying hazards Making recommendations Making recommendations Providing feedback Providing feedback

27 Right to Refuse Unsafe Work Every worker has the right to refuse any work that they believe to be unsafe. 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. Key to this right: any worker refusing to work is protected from discriminatory action by his/her employer or union.

28 Process for the Right to Refuse 1. Inform supervisor immediately. Supervisor resolves. 2. If supervisor unable to resolve, inform management and worker co-chair of the committee. They will investigate fully and resolve. 3. If they are still unable to resolve, inform the MB Labour Workplace Safety & Health Division 4. Rules for Assigning the Work to another worker.

29 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. 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. As a result, employers have the greatest responsibility and the Workplace H &S Committees are the monitors of the IRS.

31 WORKERS COMMITTEES OR REPRESENTATIVE EMPLOYERS IRS

32 I R S Includes - Right to Participate - Right to Know - Right to Refuse - Duties of Employer - Duties of Supervisor - Duties of Employees - Role of Committee or Representative Representative

33 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. If group, party or person does not do their part, your system will be ineffective and non-compliant.

34 IRS Responsibilities Identification of hazards. Identification of hazards. Analysis of the risks posed by those hazards. Analysis of the risks posed by those hazards. Communication of information throughout the workplace about the risks. Communication of information throughout the workplace about the risks. Control of those risks. Control of those risks.

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”.

36 Reasonably Practicable The employer took, every possible precaution. The employer took, every possible precaution. The greater the risk, the greater the safety and health intervention required. The greater the risk, the greater the safety and health intervention required.

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. 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. Regulatory Compliance: show that employers and workers take every reasonably practicable action to ensure compliance.

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.

40 What Does it Really Mean? Tell me Tell me Show me Show me Teach me Teach me Train me Train me Test me Test me Observe me Observe me Discipline Me Discipline Me

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.

42 VIDEO 7 THINGS YOU’D BETTER KNOW!


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