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Occupational Health & Safety Act for Supervisors

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1 Occupational Health & Safety Act for Supervisors
Department of Occupational Health and Safety C37 East Office Building Phone: 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) Other safety training related to the work performed Training schedule: Contact DOHS 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

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 ) 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) Participate: Workers have the right to be part of the process of identifying and resolving workplace health and safety concerns. This right is expressed through worker membership in joint health and safety committees or through worker health and safety representatives. Know: Workers have the right to know about any potential hazards to which they may be exposed. This means the right to be rained and to have information on machinery, equipment, working conditions, processed, and hazardous substances. The parts of the Act that implement WHMIS play an important role in giving workers the right to know. Refuse Work: Workers have the right to refuse work that they believe is dangerous to either their own health and safety or that of another worker. The Act describes the exact process for refusing dangerous work and the responsibilities of the employer in responding to such a refusal. Stop Work: In certain circumstances, members of a JHSC who are “certified” have the right to stop work that is dangerous to any worker. The Act sets out these circumstances and how the right to stop work can be exercised.

8 Where you come in… Per OHSA Section 25 (2) (c)
An employer shall, when appointing a supervisor, appoint a competent person. Let’s define these terms. What does supervisor mean? What does competent mean? What do you think?

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; Part A is not really our focus here – that’s more of a traditional job requirement that you’ve already attained in order to get your job. Part B is our focus – to familiarize you with the Act and other relevant legislation. Part C is our secondary focus – we’ll cover this a bit more later but this information is also covered in WHMIS and Workplace Inspection training.

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 “Authority over a worker” is pretty clear – traditional supervisory role. “Charge of a workplace” is a bit more unusual.

12 Example at YU: Role of the Supervisor in a Renovation
Role of Supervisor Inform staff on project in advance (e.g., meeting, , etc.) Identify sensitive individuals Report concerns to project coordinator For details, refer to “York University Renovation and Construction: Health and Safety Handbook” As a supervisor, if you have concerns, you should contact the Project Coordinator about the work being done. SHOW THE BOOK.

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 Volunteers: are covered by Occupational Health and Safety Policy under duty of care. Refer to YU Guidelines for Volunteers If needed, for any facilities supervisors at this training, a contracting supplement is available. Does this apply to anyone? Includes: Duties of a constructor, Part 1 (Contracting for non-construction services like repairs, maintenance) and Part 2 (Contracting for construction services), Safeguarding the employer from an unsafe constructor. SHOW THE BOOK.

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.

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 Do you remember it? 26 miners were killed although they only recovered 15 bodies. Justice Peter Richard was assigned to lead the inquiry on 15 May He read reports from mining inspectors, reviewed Westray documents about the mine's production and operations, and examined safety records on the mine's equipment, underground conditions and frequent cave-ins. Richard concluded that mine manager Gerald Phillips and underground manager Roger Parry were more concerned about making a profit than they were about safety. He called them both arrogant and cynical and said they took a cavalier attitude towards mining safety.

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) You may be saying to yourself, York is not a mine. This could not happen here so how is this relevant to me? Very true. For offices and typical environments at York, there are not many if any associated stories. Reviewing the past few years of published cases, all are manufacturing/industrial. Justifiable, to an extent. Although York has not had any work-related fatalities, many other universities have. These include laboratory accidents, grounds accidents, etc. Also, at York, we have had many critical injuries including one a few years ago that prompted a MOL investigation and resulted in York being required to teach the Act to its supervisors.

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. The above potential penalty applies to an individual. Now remember the IRS – The IRS is about personal and shared responsibility but it is not written into Ontario legislation. As such, a judge can not refer to it legally in a court of common law so judges tend to look at the corporation for fault. Also, court cases tend to favour the victim of the accident and not place any responsibility on the victim (why add insult to injury? Literally). So does the IRS protect you? Who will likely take the blame, especially given Section 25 (2) (h)?

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 $ This is per charge. Now remember the IRS – The IRS is about personal and shared responsibility but it is not written into Ontario legislation. As such, a judge can not refer to it legally in a court of common law so judges tend to look at the corporation for fault. Also, court cases tend to favour the victim of the accident and not place any responsibility on the victim (why add insult to injury? Literally). So does the IRS protect you? Who will likely take the blame, especially given Section 25 (2) (h)? Does the entire responsibility for health and safety fall on you? NO. We want to avoid problems and hazards collectively so this is why we have the IRS. Next slide…

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 IRS: In Ontario, it is a way of allocating responsibility, authority and accountability for safety that precedes the law. Everyone has DIRECT responsibility for health and safety as an essential part of his or her job, working to solve H/S issues on an on-going basis alone and in cooperation with others. First named in the 1976 Ham Royal Commission Report (based on Mining in the Maritimes) IRONY OF THIS…SEGUE Not mentioned directly in any OHS legislation other than in Nova Scotia ERS: Ministries and Departments of Labour, Safety Councils, Safe Workplace Association, Compensation Boards set standards, enforce, educate, etc. but don’t do it for you. SEGUE TO WESTRAY MINE DISASTER, IRONY OF APPLICATION OF IRS

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

IRS at York University Board of Governors President, VPs, AVPs, Deans, Directors ACCOUNTABLE COMMUNICATION and HAZARD REPORTING HOW DO YOU ACCOMPLISH THIS? SEGUE TO NEXT SLIDE… Managers, Supervisors Workers

24 Internal Resources at YU
Department of Occupational Health and Safety Joint Health and Safety Committees List of different JHSC and their members: Health and Safety Officers: List of HSOs: 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.) JHSC: YUSA, YUFA, CUPE 3903, CUPE 1356/1356-1/ plus there is the IUOE for Engineers because there are not enough of them for a JHSC. They are all listed on the DOHS website. HSO: Health and Safety Officers are the primary contact to the departments from DOHS. HSOs coordinate health and safety training, resolve concerns of the JHSC, distribute health and safety information and material to their areas, etc. They are all listed on the DOHS website. Appointed by Dean or Director.

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 For workers who are not part of a JHSC, they should refer to the most similar JHSC for their worker group on campus.

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. What does this mean to you? What does reasonable mean? Example: At York University, slips and falls, especially in the winter months, are our leading cause of lost time accidents. Is it reasonable to ask everyone to wear a huge suit of padding, such as an anti-bear suit, to prevent injury if they fall? NO. But is it reasonable to ensure, via education and bulletins, that anyone spotting an icy area report it to Facilities immediately to have the ice taken care of so that no one else slips in that area? YES. DUE DILIGENCE (AKA reasonable care) is not a defence, only a means of avoiding trouble in the first instance.

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: Policy Competent Professionals Sufficient Resource Allocation Leadership Holding Subordinates Accountable Developing and Maintaining an OHS System Ensuring Periodic System Audits Source: Strahlendorf, 1996 WE APPLY THIS ALL TO THE CONCEPT OF SAFETY. BUT SAFETY IS NOT SO EASY TO ACHIEVE SO WE MUST DEFINE IT MORE CLEARLY AND SET REALISTIC GOALS FOR ITS ATTAINMENT.

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. There’s a hole in the floor. This has a high risk of injury if someone falls in. How can we control it? Administrative controls: training (tell them there’s a hole, teach them how to recognize and avoid holes), supervision (stand guard around the hole) Hazard reduction or elimination: put up barriers, get rid of the hole (best solution)

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. If you work in an office, the types of hazards present are small compared with those of a shop, laboratory or studio so the lengths that you may have to go to are likely going to be less than for other workplaces. OFFICE: slips, trips and falls (off chairs, desks, wet floors, loose carpet, wires, etc.) Then storage and furniture (overloaded shelves, stored items blocking access to door/HVAC, etc.)

33 Accident Costs Prevention Direct costs
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 From last slide, could the accident have been prevented? What could have been done? Can we predict the injury if this worker is asked to pick up the boxes? Boxes of photocopy paper in a store room. From the bottom, middle or top? Where is there a greater likelihood for injury? Where is it least likely?

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. Worker does not wear eye protection. Supervisor says “I told him 100 times to wear them so it’s not my fault” but court asks what else could have been done given that verbal reminders were unsuccessful.

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” This last one is where supervisors are hit with the biggest fines. You can’t observe workers all the time so you must encourage them to report hazards to you therefore, you must be open to listening. If your attitude is “I don’t want to hear it” then you are negating their right/duty to report problems.

40 OHS Act and Regulations
Available on the MOL website at: OHS Act: Regulations: A Guide to the OHS Act

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 … Teachers: Not Professors but only those who work with children.

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. This is the whole regulation, in its entirety.

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 The severity and urgency of the hazard will dictate how quickly and in what way you respond to it. In YU OHS MANUAL.


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 In YU OHS MANUAL.

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 DOHS Programmes:
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)

50 QUIZ OHS Act Refresher Training

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