1. The Competent Supervisor
Occupational Health & Safety Act of Ontario Regulation Requirements

2. Goal
To 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 Agenda
MAIN TOPICS
Supervisor Characteristics
OH&S Act
Citing the legislation
Workplace parties
Sector Regulations
Supervisor interactions
Due diligence

4. What are the functions of a supervisor?
The Supervisor’s Role
A 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 work
Able to make decisions
Energetic and enthusiastic
Loyal and dedicated
Emotionally stable
Flexible and cooperative
Ability 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 1978
Provide a health and safe workplace
Assign responsibilities for health and safety
Promote active participation
The 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 Act
Definitions
Application
Administration
Duties of Employers and other persons
3.1 Codes of Practice
Toxic Substances
Right to Refuse or to Stop Work Where Health or Safety in Danger
Reprisal by Employer Prohibited
Notices
Enforcement
Offences and Penalties
Regulation
Index
List of Regulation

10. Enforcement and Penalties under the Act
Charges are under the Occupational Health and Safety act
Prosecution is under the Provincial Offences Act
Penalties – PERSON
Maximum $25,000
Maximum 12 months imprisonment
Or Both
Penalties – CORPORATION
Maximum $500,000
(outlined in section 66 of the OH&S Act)

11. Amends the Criminal Code of Canada
Bill C-45
Federal law since 2003
Amends the Criminal Code of Canada
Makes organizations criminally liable
Bill 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 applies
Look for “AND” or “OR” at the end of the second last clause to ensure you understand which condition applies.

15. Main Workplace Parties
Employer
Supervisor
Worker
WHO 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 Act
When appointing a supervisor, appoint a “competent person”.
Prepare H&S policy and program
Set up a Joint Health/Safety Committee
Identify hazardous materials and procedures
Take every precaution reasonable in the circumstances for protection of the worker
(Section 25 of the Act)

17. What does “competent person” mean?
A person who
Is qualified because of knowledge, training or education to organize the work and its performance
Is familiar with the Act and Regulations that apply to the work and
Has 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 & Regs
Ensure workers use protective devices and clothing as required by employer
Advise workers of hazards
Take every precaution reasonable in the circumstances for protection of the worker
(Section 27 of the Act)

19. Worker Duties and Rights:
Work in compliance
Wear or use the required PPE, etc.
Report hazards or contraventions to supervisor
RIGHTS:
Right to know – WHMIS
Right to participate in H&S program
Right to refuse unsafe work
(Section 28 of the Act)

20. Supervisor Interactions:
With the Joint Health/Safety Committee:
Assist with and review workplace inspections
Identify any workplace hazards
Investigate any work refusal process
Be aware of any health & safety testing
With 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, and
Delay 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/educating
Inspecting
Enforcing

23. Supervisor Safety Tasks
Enforcing safety rules
Complying with regulations
Giving safety talks
Participating in site inspections
Participating in accident investigations
Job planning
Orientation for new staff members
Participating in safety audits
Completing a job hazard assessment
Setting a professional example

24. Supervisory Communications:
Examples:
Giving instructions, training, safety talks
Orientation for new workers
Reading messages, memos
Demonstrating a skill or action
Listening to instructions, feedback
Writing a report, minutes, instructions
Informing workers of rules, legal and company
Overall 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 items
Investigate new procedures to update the job hazard assessment and train employees on those hazards
Inspect the work area for new hazards
Respond to any non-compliant issues on the JHSC monthly inspections within 21 days

26. Supervisor Enforcement:
Enforce the safety program with your employees
Report infractions to site management
Use progressive discipline
Correct any hazards immediately
Document your interventions
Ensure 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 fatality
When orders are written by MOL

28. Rights of an MOL Inspector:
To enter a workplace without notice
Take samples as evidence
Require production of reports, drawings
To stop work
To take photographs
Ask for testing to be done
(section 54 of the Act)

29. What is “Due Diligence”?
The key to a successful H&S program
An investment in accident prevention
Your 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 workers
Know section 27 of the Act and applicable sections of your sector regulations
Provide safety orientation for all workers
Conduct daily inspections of your worksite
Report all workplace accidents, as required
Document 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 regulations
Regulation Respecting Control of Exposure to Biological or Chemical Agents

32. Other Health & Safety Legislation:
Workplace Safety & Insurance Act
Building Code Act
Transportation of Dangerous Goods Act
Employment Standards Act
Fire Marshals Act

33. What do you plan to stop doing? What do you plan to start doing?
Wrap Up & Closing Quiz
Now 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?