Presentation on theme: "The Competent Supervisor"— Presentation transcript:
1 The Competent Supervisor Occupational Health & Safety Act of Ontario Regulation Requirements
2 GoalTo help prepare supervisors (know in "company name" as Managers) to become “competent persons” in their respective sector as defined by the OHS Act of Ontario.
3 MAIN TOPICS Supervisor Characteristics OH&S Act Citing the legislation Learning AgendaMAIN TOPICSSupervisor CharacteristicsOH&S ActCiting the legislationWorkplace partiesSector RegulationsSupervisor interactionsDue diligence
4 What are the functions of a supervisor? The Supervisor’s RoleA warm up exercise – Ask your self these two questions and write your answers down on the quiz form.What are the functions of a supervisor?What is the definition of a supervisor?
5 Supervisor Definitions To get work done through the efforts of others.Definition #2:A person who has charge of a workplace or authority over a worker.
6 Desirable Characteristics Knowledgeable about the workAble to make decisionsEnergetic and enthusiasticLoyal and dedicatedEmotionally stableFlexible and cooperativeAbility to adapt to changing conditions
7 Ministry of Labour Views: Supervisor Competency “Competent supervision is one of the key areas the Ministry of Labour is addressing as part of a strategy to reduce fatalities and injuries in Ontario.”What is YOUR primary legal responsibility as a supervisor?- To do everything possible to eliminate injury, illness, and death.
8 Occupational Health & Safety Act Purpose of the Act Provincial law since 1978Provide a health and safe workplaceAssign responsibilities for health and safetyPromote active participationThe OH&S Act assigns rights and duties for individuals and corporations
9 Duties of Employers and other persons 3.1 Codes of Practice Parts of the OH&S ActDefinitionsApplicationAdministrationDuties of Employers and other persons3.1 Codes of PracticeToxic SubstancesRight to Refuse or to Stop Work Where Health or Safety in DangerReprisal by Employer ProhibitedNoticesEnforcementOffences and PenaltiesRegulationIndexList of Regulation
10 Enforcement and Penalties under the Act Charges are under the Occupational Health and Safety actProsecution is under the Provincial Offences ActPenalties – PERSONMaximum $25,000Maximum 12 months imprisonmentOr BothPenalties – CORPORATIONMaximum $500,000(outlined in section 66 of the OH&S Act)
11 Amends the Criminal Code of Canada Bill C-45Federal law since 2003Amends the Criminal Code of CanadaMakes organizations criminally liableBill C-45 imposes a legal duty on all those who direct work of others, to take reasonable measures to protect employee and public safety.
12 Citing the Act & Regs Format for reading & citing act Section 1 [Bold at the left side of the page]Subsection (1) [indented]Clause (a) [indented]Sub-clause (i) [indented]>>Sub Sub-clause>>Paragraph>>Sub-paragraph
13 Meaning of “SHALL” and “MAY” You must“MAY”You have a choice
14 Meaning of “AND” and “OR” All conditions must apply“OR”Only one condition appliesLook for “AND” or “OR” at the end of the second last clause to ensure you understand which condition applies.
15 Main Workplace Parties EmployerSupervisorWorkerWHO ARE THE OTHER WORKPLACE PARTIES?Anyone who enters your workplace!
16 Ensure compliance with the OH&S Act Employer Duties:Ensure compliance with the OH&S ActWhen appointing a supervisor, appoint a “competent person”.Prepare H&S policy and programSet up a Joint Health/Safety CommitteeIdentify hazardous materials and proceduresTake every precaution reasonable in the circumstances for protection of the worker(Section 25 of the Act)
17 What does “competent person” mean? A person whoIs qualified because of knowledge, training or education to organize the work and its performanceIs familiar with the Act and Regulations that apply to the work andHas knowledge of any potential or actual danger to health and safety in the workplace
18 Ensure workers comply with Act & Regs Supervisor Duties:Ensure workers comply with Act & RegsEnsure workers use protective devices and clothing as required by employerAdvise workers of hazardsTake every precaution reasonable in the circumstances for protection of the worker(Section 27 of the Act)
19 Worker Duties and Rights: Work in complianceWear or use the required PPE, etc.Report hazards or contraventions to supervisorRIGHTS:Right to know – WHMISRight to participate in H&S programRight to refuse unsafe work(Section 28 of the Act)
20 Supervisor Interactions: With the Joint Health/Safety Committee:Assist with and review workplace inspectionsIdentify any workplace hazardsInvestigate any work refusal processBe aware of any health & safety testingWith the JHSC Certified Member:When any dangerous circumstance is present
21 What is a “Dangerous Circumstance”? A situation in which:The OH&S Act or Regs are being contravened,Contravention poses a danger or a hazard to a worker, andDelay in controlling danger or hazard may seriously endanger a worker.
22 Supervisory Safety Tasks: Written responsibilities:The Supervisor shall:“Implement, support, and enforce the safety program at the worker level”.A Supervisor’s 3 main activities:Communicating/educatingInspectingEnforcing
23 Supervisor Safety Tasks Enforcing safety rulesComplying with regulationsGiving safety talksParticipating in site inspectionsParticipating in accident investigationsJob planningOrientation for new staff membersParticipating in safety auditsCompleting a job hazard assessmentSetting a professional example
24 Supervisory Communications: Examples:Giving instructions, training, safety talksOrientation for new workersReading messages, memosDemonstrating a skill or actionListening to instructions, feedbackWriting a report, minutes, instructionsInforming workers of rules, legal and companyOverall messages of deadlines or safety
25 Supervisor Inspections: Inspect all machinery, equipment and protective devices prior to first use to ensure the safety of such itemsInvestigate new procedures to update the job hazard assessment and train employees on those hazardsInspect the work area for new hazardsRespond to any non-compliant issues on the JHSC monthly inspections within 21 days
26 Supervisor Enforcement: Enforce the safety program with your employeesReport infractions to site managementUse progressive disciplineCorrect any hazards immediatelyDocument your interventionsEnsure housekeeping is kept up in your area
27 Supervisory Interactions: With Ministry of Labour Inspector:MOL workplace inspections (the MOL do random inspections of work sites, whenever possible a JHSC member should also be present for these inspections)MOL investigations (these non-scheduled investigations usually are initiated by a worker complaint)MOL investigation of critical injury or fatalityWhen orders are written by MOL
28 Rights of an MOL Inspector: To enter a workplace without noticeTake samples as evidenceRequire production of reports, drawingsTo stop workTo take photographsAsk for testing to be done(section 54 of the Act)
29 What is “Due Diligence”? The key to a successful H&S programAn investment in accident preventionYour best defense, if charged!“taking every precaution reasonable in the circumstances for the protection of the worker”
30 Due Diligence and the Supervisor: Appoint competent workersKnow section 27 of the Act and applicable sections of your sector regulationsProvide safety orientation for all workersConduct daily inspections of your worksiteReport all workplace accidents, as requiredDocument all safety violations and follow up with proper progressive discipline
31 Other Health & Safety Regulations: Four Major Types of Regulations:WHMIS regulation (right to know)Sector regulations (health/industrial)Designated substance regulationsRegulation Respecting Control of Exposure to Biological or Chemical Agents
32 Other Health & Safety Legislation: Workplace Safety & Insurance ActBuilding Code ActTransportation of Dangerous Goods ActEmployment Standards ActFire Marshals Act
33 What do you plan to stop doing? What do you plan to start doing? Wrap Up & Closing QuizNow that you know more about your OH&S responsibilities as a Manager/Supervisor, answer these three questions:What do you plan to stop doing?What do you plan to start doing?What do you plan to continue doing?