Presented by JOHN EVINGER

1. Health & Safety Excellence for Supervisors Presented by JOHN EVINGER

2. Housekeeping Cell Phones Washrooms In case of emergency Coffee, pop, snacks, etc. Breaks and other important notes MUSTER POINT

3. Who We Are • Vision– Safety Services Manitoba (SSM) will be a leader in making Manitoba the safest province in which to live and work.  SSM will be seen as an active partner in the community – a safety hub for Manitobans of all ages.   We will be innovative and responsive to the market and our partners by creating new services, developing new models of delivery and providing the very best quality in safety training and consulting.  Think safety – think SSM. • Core Purpose - Make Manitoba safer with innovative, responsive safety services. • Core Values Our core values are timeless.  They define our beliefs at a deep core level. We value: • People – we are dedicated to helping Manitobans be safe • Service Excellence – we strive for the highest quality, professionalism and accountability in all that we do • Relationships/Partnerships – we believe in teamwork and developing solid relationships with our clients and partners

4. Safety Services Manitoba • Manitoba’s safety expert • Occupational • Road • Community • 50+ years of experience • Seamless service across the province • Our facility • Your site • Online

5. The Landscape of Safety Occupational Health and Safety WSH Set, communicate and enforce standards WCB Insures employers • Compensates for loss – something has already gone wrong SSM Your partner in prevention • Comply with standards and regulations • Reduce insurance costs

6. Safety can sometime feel like this...

7. Course Schedule DAY 1 Due Diligence Legislation Supervisor Management Communication DAY 2 Hazard Recognition Risk Assessment / JHA Inspection ERP Train the Trainer DAY 3 Advanced Accident Investigation DAY 4 Practical investigation Presentation Day 5 Training Presentations Toolbox talks Evaluations Close out

8. Overview…today Module 1 - Due Diligence Module 2 -Overview Occupational Health & Safety (OH&S) Legislation (Act and regulations) Module 3 - Internal Responsibility Systems for OH&S Module 4 - Bill C 45 Module 5 - OH&S Management System Communication Skills Drugs & Alcohol

9. Due Diligence

10. Due Diligence What is meant by due diligence? • Due diligence is the level of judgement, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances. • Applied to occupational health and safety, due diligence means that employers shall take all reasonable precautions, under the particular circumstances, to prevent injuries or accidents in the workplace. This duty also applies to situations that are not addressed elsewhere in the occupational health and safety legislation. • To exercise due diligence, an employer must implement a plan to identify possible workplace hazards and carry out the appropriate corrective action to prevent accidents or injuries arising from these hazards.

11. Due Diligence The conditions for establishing due diligence include several criteria: • The employer must have in place written OH&S policies, practices, and procedures. These policies, etc. would demonstrate and document that the employer carried out workplace safety audits, identified hazardous practices and hazardous conditions and made necessary changes to correct these conditions, and provided employees with information to enable them to work safely. • The employer must provide the appropriate training and education to the employees so that they understand and carry out their work according to the established polices, practices, and procedures. • The employer must train the supervisors to ensure they are competent persons, as defined in legislation. • The employer must monitor the workplace and ensure that employees are following the policies, practices and procedures. Written documentation of progressive disciplining for breaches of safety rules is considered due diligence.

12. Due Diligence Why does due diligence have special significance? • "Due diligence" is important as a legal defense for a person charged under occupational health and safety legislation. If charged, a defendant may be found not guilty if he or she can prove that due diligence was exercised. In other words, the defendant must be able to prove that all precautions, reasonable under the circumstances, were taken to protect the health and safety of workers.

13. Due Diligence • There are obviously many requirements for the employer but workers also have responsibilities. They have a duty to take reasonable care to ensure the safety of themselves and their coworkers - this includes following safe work practices and complying with regulations. • The employer should have an accident investigation and reporting system in place. Employees should be encouraged to report "near misses" and these should be investigated also. Incorporating information from these investigations into revised, improved policies, practices and procedures will also establish the employer is practicing due diligence. • The employer should document, in writing, all of the above steps: this will give the employer a history of how the company's occupational health and safety program has progressed over time. Second, it will provide up-to-date documentation that can be used as a defense to charges in case an accident occurs despite an employer's due diligence efforts.

14. Bill C-45 What is Bill C-45? • Bill C-45 is federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The Bill established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others.

15. Bill C-45 (s. 217.1 of the Criminal Code) • Metron pleads guilty to criminal charges, Crown seeks $1M penalty • The chargesFollowing its investigation, the Ministry of Labour laid a total of 61 charges against multiple parties under the Occupational Health and Safety Act (“OHSA”). Among the charges, thirty were laid against Metron, fifteen charges were laid against its president and another eight charges against a company supervisor. Swing N’ Scaff Inc., the company that provided the swing-stage being used at the time of the accident, was also charged with four OHSA offences and its director was charged with an additional three OHSA offences.Following its own investigation, the Toronto Police also laid numerous criminal charges. Metron, its president, and a supervisor were each charged with four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm. Criminal charges against the supervisor are still pending. A preliminary hearing commenced on May 7, 2012 in Toronto and is ongoing. In this hearing, a judge will assess if there is sufficient evidence for the matter to proceed to a criminal trial.

16. Bill C-45 New Sections of the Criminal Code • Bill C-45 added Section 217.1 to the Criminal Code which reads: • "217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.“

17. Bill C-45 • Bill C-45 also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2).

18. Bill C-45 Why was Bill C-45 (Section 217.1 in the Criminal Code) created? • Bill C-45, also known as the "Westray Bill", was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Despite serious safety concerns raised by employees, union officials and government inspectors at the time, the company instituted few changes. Eventually, the disaster occurred. May 9, 1992, at 5:18 a.m. methane explosion occurs All 26 miners in the mine perish Poor conditions at the mine included: – roof collapses, ventilation problems – high concentrations of methane gas – non-compliance with “stone dust” orders Known to workers, management and regulators

19. Bill C-45 • After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to Bill C-45. Recommendation #73: “The Government of Canada, through the Department of Justice, should institute a study of the accountability of corporate executives and directors for the wrongful or negligent acts of the corporation and should introduce in the Parliament of Canada such amendments to legislation as are necessary to ensure that corporate executives and directors are held properly accountable for workplace safety”.

20. Bill C-45 What are the main provisions of Bill C-45 (Section 217.1 in the Criminal Code)? Bill C-45 (Section 217.1 in the Criminal Code): • Created rules for establishing criminal liability to organizations for the acts of their representatives. • Establishes a legal duty for all persons "directing the work of others" to take reasonable steps to ensure the safety of workers and the public. • Sets out the factors that courts must consider when sentencing an organization. • Provides optional conditions of probation that a court may impose on an organization

21. OHS legal duty – s. 217.1 • • Applies to any person in authority • • From Board of Directors to working lead hand • • Legal duty to take “reasonable steps”

22. What does this mean? If there is an accident, injury or fatality in your workplace, you will be charged by the Ministry / Department of Labour Note: By law, the Company can not pay for your fines or do your time Over 50% of all Ministry / Department of Labour charges are for ... "failure to adequately train"

23. Bill C-45 Can a company be charged under a provincial OH&S act and the Criminal Code at the same time? • Yes, it is possible. It is common practice for both police and health and safety inspectors to both investigate a serious workplace accident. In most cases, the police and provincial authorities would work together to decide which charges should be made. While it is unlikely that two sets of charges would be made, technically speaking, charges can be laid under both the criminal code by the police and the Occupational Health and Safety Act or regulations by provincial authorities.

24. Legislation Overview Two types of law in Canada: Federal - Canada Labor Code II • Applies to federal employees and undertakings, such as banks, airways and railways Provincial and Territorial • Governing OH&S within their respective boundaries

25. Legislation External: • WCA and OH&S Regulation • Motor Vehicle Act • Manufacturers Specifications • Standards, C.S.A., A.N.S.I. • Environment Management Act • By-Laws Internal: • Own policies and rules

26. Legislation Occupational Health & Safety Act • The Occupational Health and Safety Act came into force on 1978 • Its purpose is to protect workers against health and safety risks and hazards on the job • The main features of the Act are manifested in select aspects of the Internal Responsibility System “.

27. Legislation Regulations • Provide specific rules and procedures for many circumstances • Cannot exceed the authority of the Act; • Cannot exist without a “parent” Act • Some are sector specific, relating to the industry, occupation, activity or hazard • May be many different regulations made pursuant to one Act

28. Legislation Examples of content: • – Definition of “Serious Injury” • – Accident/injury reporting requirements • – Designated Substances such as Asbestos • – Workplace Hazardous Materials Information System (WHMIS) • – Construction Projects & OH&S Committees • – Structured Safety Program Requirements • – OH&S Committee mandate & training

29. Legislation • Very detailed • Not legally enforceable on their own, but may be adopted by reference into a regulation or an Act (rare) and are often used as evidence for a standard expressed in an Act or regulation • Often originate with a non non-governmental body • Example: CSA (fall protection/eye protection), ACGIH chemical exposure limits

30. Legislation • The failure by any person to observe any provision of an approved code of practice is not of itself an offence. • Where a person is charged with a breach of any provision of the regulations in respect of which the director has issued a code of practice, that code is admissible as evidence in a prosecution for the violation of the provision of the regulation. • Where a code of practice is admitted as evidence and a prima facie case of non-compliance with the code of practice is established, the onus is on the accused to prove that he has complied with the regulation.

31. Legislation The Workplace Partnership • Workers and Employers MUST share the responsibility for occupational health & safety • The concept of the internal responsibility system is based on the principle that the workplace parties themselves are in the best position to identify health and safety problems and to develop solutions.

32. I.R.S(Internal Responsibility System) Ideally, the internal responsibility system involves everyone, from the top the bottom • How well the system works depends upon whether there is a complete, unbroken chain of responsibility and accountability for health and safety (not a labor relations approach) • The IRS requires a sound and cogent management system, structure, policies and procedures

33. I.R.S(Internal Responsibility System) What is the Internal Responsibility System? • The internal responsibility system puts in place an employee-employer partnership in ensuring a safe and disease free workplace. A health and safety committee is a joint forum for employers and employees working together to improve workplace health and safety.

34. I.R.S(Internal Responsibility System) How does the Internal Responsibility System work? • The internal responsibility system is the underlying philosophy of the occupational health and safety legislation in all Canadian jurisdictions. Its foundation is that everyone in the workplace - both employees and employers - is responsible for his or her own safety and for the safety of co-workers. Acts and regulations do not always impose or prescribe the specific steps to take for compliance. Instead, it holds employers responsible for determining such steps to ensure health and safety of all employees.

35. I.R.S(Internal Responsibility System) • Internal responsibility system does the following: • Establishes responsibility sharing systems • Promotes safety culture • Promotes best practice • Helps develop self reliance • Ensures compliance

36. Basic Responsibilities • Employees responsibilities include the following: • responsibility to work in compliance with OH&S acts and regulations • responsibility to use personal protective equipment and clothing as directed by the employer • responsibility to report workplace hazards and dangers • responsibility to work in a manner as required by the employer and use the prescribed safety equipment. • Employees have the following three basic rights: • right to refuse unsafe work • right to participate in the workplace health and safety activities through Joint Health and Safety Committee (JHSC) or as a worker health and safety representative • right to know, or the right to be informed about, actual and potential dangers in the workplace

37. Responsibilities - Supervisor As a manager or supervisor, he or she: • Leadership = Role model • Train and reinforce safe behavior • Correct unsafe acts and conditions • Assess and correct hazards • Comply with legislation • Enforce safety rules & requirements • Maintain safe workplace • Must advise workers of potential and actual hazards • Must take every reasonable precaution in the circumstances for the protection of workers.

38. Role of the Supervisor OBJECTIVES: • Know Supervisor's role in protecting workers • Know safety responsibilities • Incorporate safety into job planning • Purpose of hazard assessments • Interpret legislated requirements • Corporate culture & impact on safety

39. CAN/CSA-Z1001Occupational Health and Safety Training New training Standard developed for Supervisors… • Roles & Responsibilities • The Internal Responsibility System (IRS) • Hazard Recognition & Control • Risk Assessment • Emergency Procedures • Accident Investigation • Inspections • Auditing Skills • Training

40. CAN/CSA-Z1001Occupational Health and Safety Training • Communication Skills • Verbal – groups • Written – Individual • Written – General • Written – Procedures • Aural – Active Listening • Motivation & Discipline • Managing the Troubled Employee • Off the Job Safety • Problem Solving Skills • First Aid • WHMIS / Chemical Safety • Industrial Hygiene & Medical Surveillance Programs

41. Responsibilities - Supervisor

42. Competent Person What makes you a competent person? Training Knowledge of the Act Experience

43. Responsibilities - Employer • An employer must: • establish and maintain a joint health and safety committee, or cause workers to select at least one health and safety representative • take every reasonable precaution to ensure the workplace is safe • train employees about any potential hazards and in how to safely use, handle, store and dispose of hazardous substances and how to handle emergencies • supply personal protective equipment and ensure workers know how to use the equipment safely and properly • immediately report all critical injuries to the government department responsible for OH&S • appoint a competent supervisor who sets the standards for performance, and who ensures safe working conditions are always observed

46. CAN/CSA-Z1000-06Occupational health and safety management • Audit — the systematic and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which the audit criteria are fulfilled. • Audit program — a set of one or more audits planned for a specific time frame and directed towards a specific purpose. Note: An audit program includes all activities necessary for planning, organizing, and conducting the audits. • Competence — demonstrated ability to apply OHS knowledge and skills. • Continual improvement — the process of enhancing the OHSMS to achieve ongoing improvement in overall OHS performance. • Contractor — an organization or individual providing services to another organization in accordance with agreed-upon specifications, terms, and conditions. • Document — a medium containing information related to the OHSMS. • Ergonomics — integrated knowledge derived from the social and technical sciences, used to match jobs, systems, products, and environments with the physical and mental attributes of the people involved.

47. CAN/CSA-Z1000-06Occupational health and safety management • Hazard — a source of potential harm to a worker. • Incident — an occurrence, arising in the course of work, that could result in an injury or illness (includes near misses). • Legal requirements — requirements of applicable OHS federal, provincial/territorial, and municipal laws, regulations, and bylaws, and where applicable, provisions of the organization’s collective agreements that relate to health and safety. • Occupational health and safety management system (OHSMS) — part of the overall management of the organization that addresses OHS hazards and risks associated with its activities. • Organization — a company, operation, undertaking, establishment, enterprise, institution, or association, or a part or combination thereof, that has its own management. An organization may be incorporated or unincorporated, public or private.

48. CAN/CSA-Z1000-06Occupational health and safety management • Other requirements — other OHS provisions to which the organization subscribes. • Procedure — a documented method to carry out an activity. • Process — a set of interrelated or interacting activities, that transforms inputs into outputs. • Record — a document that states results achieved or provides evidence of activities performed. • Risk — a combination of the likelihood of the occurrence of a hazardous event and the severity of harm caused by the event • System — a set of interrelated or interacting elements. • Worker — a person employed by the organization or a person under the day-to-day control of the organization. • Worker representative — a non-managerial worker who is (a) a member of the workplace health and safety committee; (b) a representative of other workers according to the requirements of law or collective agreements; or (c) selected by non-managerial workers for other reasons. • Workplace parties — managers (including supervisors), workers, and worker representatives.

49. CAN/CSA-Z1000-06Occupational health and safety management From problem-faced to problem-solved • The PDCA Cycle is a checklist of the four stages which you must go through to get from `problem-faced' to `problem solved'. The four stages are Plan-Do-Check-Act, and they are carried out in the cycle illustrated below. • Activities • Controls • Documentation • Resources • Objectives • Deploy… and conform with plan • Analyze/review • Decide/change • Improve effectiveness • Measure and monitor for conformity and effectiveness

50. PDCA Cycle • Plan-Do-Check-Act • Here is what you do for each stage of the Cycle: • Plan to improve your operations first by finding out what things are going wrong (that is identify the problems faced), and come up with ideas for solving these problems. • Do changes designed to solve the problems on a small or experimental scale first. This minimises disruption to routine activity while testing whether the changes will work or not. • Check whether the small scale or experimental changes are achieving the desired result or not. Also, continuously check nominated key activities (regardless of any experimentation going on) to ensure that you know what the quality of the output is at all times to identify any new problems when they crop up. • Act to implement changes on a larger scale if the experiment is successful. This means making the changes a routine part of your activity. Also Act to involve other persons (other departments, suppliers, or customers) affected by the changes and whose cooperation you need to implement them on a larger scale, or those who may simply