The Competent Supervisor Occupational Health & Safety Act of Ontario Regulation Requirements
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.
Learning Agenda MAIN TOPICS • Supervisor Characteristics • OH&S Act • Citing the legislation • Workplace parties • Sector Regulations • Supervisor interactions • Due diligence
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?
Supervisor Definitions Definition #1: To get work done through the efforts of others. Definition #2: A person who has charge of a workplace or authority over a worker.
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
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.
Occupational Health & Safety ActPurpose 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
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 Parts of the OH&S Act
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)
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.
Citing the Act & RegsFormat for reading & citing act Section1 [Bold at the left side of the page] Subsection (1) [indented] Clause (a) [indented] Sub-clause (i) [indented] >>Sub Sub-clause >>Paragraph >>Sub-paragraph
“SHALL” You must “MAY” You have a choice Meaning of “SHALL” and “MAY”
“AND” All conditions must apply “OR” Only one condition applies Meaning of “AND” and “OR” Look for “AND” or “OR” at the end of the second last clause to ensure you understand which condition applies.
Main Workplace Parties • Employer • Supervisor • Worker WHO ARE THE OTHER WORKPLACE PARTIES? Anyone who enters your workplace!
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)
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
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)
DUTIES: 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 Worker Duties and Rights: (Section 28 of the Act)
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
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.
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
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 Supervisor Safety Tasks
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
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
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
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
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)
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”
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
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
Other Health & Safety Legislation: • Workplace Safety & Insurance Act • Building Code Act • Transportation of Dangerous Goods Act • Employment Standards Act • Fire Marshals Act
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?