1. Managing at Ryerson Health & Safety for Managers Presented by: Catherine Drum, BASc (OHS), CHSC, CRSP Environmental Health & Safety Officer 2014 1 INTEGRATED RISK MANAGEMENT ENVIRONMENTAL HEALTH & SAFETY “Integrated R isk Management through Collaboration, Innovation & Leadership ”

2. 2 Agenda Introductions Learning Objectives Why Should You Care? Internal Responsibility System Duties of Employers/Supervisors/Workers Due Diligence for Supervisors Demonstrating Due Diligence

3. 3 Learning Objectives Know and understand your health and safety responsibilities To understand the concept of due diligence and what you need to do to demonstrate it

4. 4 Activity Sheet: Evaluation of YOUR Health & Safety System Within Your Department

5. 5 Why Should You Care? Three Basic Reasons Human Legal Financial

6. 6 Internal Responsibility System Each individual within the Ryerson community shares responsibility for the identification of environmental health and safety hazards, managing the related risks, and improving upon any processes with the idea of ensuring that the risk is as low as reasonably practicable

7. 7 Basic Structure of the IRS Delegate: BOG Accountability Authority President & Responsibility Vice Presidents Senior Directors Managers/Chairs/ Academic Directors Supervising Faculty & Staff Workers/Students/Guests Volunteers/Contractors

8. 8 Activity Sheet: Health & Safety Quiz

9. 9 Duties of Employer s. 25, 26 Ontario Occupational Health & Safety Act Take every precaution reasonable Ensure that there is a health and safety program in the workplace Inform, instruct and supervise all workers Appoint competent supervisors Assists Joint Health & Safety Committee (JHSC) in their roles and responsibilities Ensure proper training

10. 10 Duties of Supervisors s. 27 Ontario Occupational Health & Safety Act Ensure workers work in a safe manner Ensure use of personal protective equipment (PPE) Advise workers of hazards Provide written instructions Take every precaution reasonable

11. 11 Duties of Workers s. 28 Ontario Occupational Health & Safety Act Work in compliance with the law and the University policies/procedures/guidelines Use personal protective equipment (PPE) Report hazards immediately Ensure proper guarding is in place Work in a safe manner No rough, boisterous conduct Do not remove any protective equipment

12. 12 Who is a Supervisor? Definition of Supervisor… means a person who has charge of a workplace or authority over a worker In a University setting the term “Supervisor” could be the President, a Senior Director, a Chair/Academic Director, a Manager/ Coordinator, a Principle Investigator, Teaching Assistant, Technician, Technologist, Lead Hands, etc.

13. 13 Who is a Supervisor? Supervisor is not limited by the position title but by the responsibilities held A supervisor must be “competent”…this has a specific meaning under the Occupational Health & Safety Act

14. 14 Who is a Competent Supervisor? Definition of Competent Person… Is qualified because of knowledge, training and experience to organize the work and its performance Is familiar with the OHS 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.

15. 15 Who is a Worker? Definition of Worker… A “worker” is considered as any person who receives monetary compensation for performing work or providing a service Everyone in an organization who receives monetary compensation is considered a worker

16. 16 Rights as a Worker Right to Know What are the hazards in your job? Right to Participate through the joint health and safety committee or representative and by asking questions Right to Refuse Unsafe Work if you believe the job is dangerous, or you have not been trained to do the job

17. 17 Activity Sheet: Who Does What?

18. 18 Due Diligence for Supervisors NOT!

19. 19 Due Diligence for Supervisors What is Due Diligence? Due Diligence is the level of judgment, care, prudence, determination and activity that a person would reasonably be expected to do under particular circumstances…this is specific action taken at the level of the individual with the duty.

20. 20 Due Diligence for Supervisors What does Due Diligence really mean? due diligence means that employers and supervisors shall take all reasonable precautions under the particular circumstances to prevent injuries, accidents or exposures in the workplace this definition presumes that you are following all the minimum legal requirements!

21. 21 Due Diligence for Supervisors Why is there special significance? “Due Diligence” is a legal defense for a person charged under the OHS legislation So, if charged, a defendant may be found not guilty if they can prove that on the balance of probabilities, the accused had been duly diligent by taking the steps necessary to ensure the regulations were complied with You are presumed GUILTY until proven innocent – the defendant bears the burden of proof, NOT the prosecution

22. 22 Due Diligence for Supervisors Due Diligence Review Once a prosecutor has proven that the institution committed a safety violation, it can avoid being held liable if it successfully argues a “due diligence” defence. There are two types of due diligence defences:

23. 23 Due Diligence for Supervisors Due Diligence Review Reasonable efforts. The most commonly used type of due diligence defence—and the simplest to prove—requires a defendant to demonstrate that it made all reasonable efforts to protect workers’ health and safety, ensure compliance with OHS laws and prevent the offence.

24. 24 Due Diligence for Supervisors Due Diligence Review Reasonable mistake of fact. The second type of due diligence defence requires a defendant to prove that it reasonably relied on a set of facts that turned out to be untrue but had they been true would have made what it did (or didn’t do) legal. The so-called “reasonable mistake of fact” defence is harder to prove and gets raised less often than the reasonable efforts branch of due diligence.

25. 25 Due Diligence for Supervisors Consider three main factors of due diligence Was the event foreseeable? Was the event preventable? Did you have control over the circumstances? If it was within your authority to control the hazard, did you do it?

26. 26 Due Diligence for Supervisors Hand-outs Examples of Supervisor demonstrating lack of due diligence Checklist for Supervisor due diligence Key Court Measures Which Determine Whether Due Diligence Steps Taken

27. 27 Ryerson Experiences Student Activities & Events Risk Assessments are required for all student events on or off campus Research Equipment for Lab PI purchased lab equipment and did not know that it was contaminated with radiation Had to hire outside consultant company to test and then wipe down every surface of equipment

28. 28 Ryerson Experiences Research Equipment for Lab Technician filled out Risk Assessment prior to purchase and discovered that the equipment would not fit into the available space and it would be too heavy for the floor Off-site space had to be leased for the research equipment International Travel More students, staff and faculty traveling to international destinations on academic related activities

29. 29 Ryerson Experiences Machine Guarding Guard was not in place finger was amputated and later reattached Cleaning of Grinder Grinder was not properly cleaned after use Was not checked prior to next use Student went to use it and a small explosion with a fire burned the student’s hand Wall Shelving Overloaded wall shelving caused shelves to collapse

30. 30 Ryerson Experiences Ergonomics Staff complaining of hand/wrist/arm pain External consultant hired to assess work and workstation Worker was off for months Caught By: Worker was coming in doors at 380 Victoria Someone else was coming in at the same time Fingers caught between door handles Fingers crushed

31. 31 Ryerson Experiences Fall from Height Worker needed to access boxes on top of 5 drawer filing cabinet Used standard seating chair to access boxes (no wheels) Worker fell backwards while taking down box Exposure to Substance: Worker was cleaning up chemistry lab which included other’s chemicals Put some “empty” containers in a bath solution Worker was overcome by fumes Was unable to find out what the “bath solution” contained

32. 32 Ontario University Experiences Queen’s University PI killed during Avalanche Research McMaster University Fire destroyed a lab Dalhousie University Mercury poisoning of PI due to improper PPE

33. 33 Activity: Case Study A staff member has been wearing a wrist splint on and off for months. They have taken 10 sick days over about 4 months complaining of wrist pain. The staff member has told you that they have to take time off because they are experiencing pain all the time in their wrist You find out that your department has been charged $250.00 due to a form not being filled out and submitted to HR on time You’re thinking – “What form, for whom and why the late fee?” You find out that the doctor for the staff member sent a form to the Workplace Safety and Insurance Board (WSIB)

34. 34 Activity: Case Study What type of injury is it? What is the injury likely related to? What forms should have been filled out? What could have been done to prevent this injury from occurring? Briefly outline the responsibilities that you and the staff member have in preventing this injury. What are your next steps?

35. 35 Demonstrating Due Diligence As the Manager, you are legally obligated to: Ensure that the workplace is safe for staff, students and the public who use or enter your space Ensure that your staff are taking all reasonable measures to protect themselves, their colleagues, the students and the public

36. 36 Demonstrating Due Diligence The further away you are from the activities being performed, the more structure (systems) that have to be put into place. How do you do that? Systems & Documentation

37. 37 Demonstrating Due Diligence Developing a Worst Case Scenario: What equipment/material would it involve? Where would it most likely happen? What would have to fail in order for that event to take place? What time would it likely happen? Would it involve Staff, Faculty, PI or Student? What would the impact be to the department/school, staff/faculty/students, or Ryerson?

38. 38 Demonstrating Due Diligence What systems, practices, procedures and training could be put into place to prevent the event? Greater Risks Demands Greater Care !! The responsibility is on your shoulders... You can delegate the work, but you cannot escape the need to show personal due diligence

39. 39 Management of Health & Safety Outcomes Model Refer to Hand-out from the Workplace Safety and Insurance Board (WSIB) Document Business Results through Health & Safety Section 3, Page 34 www.wsib.on.ca

40. 40 Integrated Risk Management Environmental Health & Safety Our focus is on developing, promoting and implementing best practices in prevention and risk management

41. 41 Integrated Risk Management Director:Julia Lewis Associate Director:Lawrence Robinson Assistant Director:Dr. Chris White EHS Consultant:Cate Drum RCB Consultant:Valerie Phelan Admin:Margie Hutchinson Website: www.ryerson.ca/irmwww.ryerson.ca/irm