Health & Safety for Managers and SupervisorsPresented to: Ontario Land Trust Alliance

March 5, 2015

Objectives

• To overview the obligations of the employer, and the responsibilities of the manager/supervisor in Health & Safety

• Map out the process to meet your obligations

Introduction

• Every business in Ontario, regardless of the type, size or insurance coverage MUST COMPLY with the Occupational Health and Safety Act (OHSA) and its regulations.

Occupational Health & Safety Act (OHSA)Legal Framework

• Assigns responsibilities/rights to workplace parties

• Promotes active participation of all workplace parties for H&S

• Provides for enforcement of the OHSA provisions where compliance has not been achieved

Regulations

Some of the Regulations made under the OHSA include:• Industrial Establishments• Construction Projects• WHMIS

What’s New…The basis for hazard classification and communication in WHMIS is changing.

With the incorporation of the Globally Harmonized System of Classification and Labelling for chemicals (GHS) in WHMIS, the hazard classification and communication requirements of WHMIS have been aligned with those used in the United States and other Canadian trading partners.

WHMIS is in a period of transition between two hazard communication regimes - WHMIS 1988 and WHMIS 2015 (which incorporates the GHS).

Full transition to new GHS to be completed by December 1, 2018.

Who is Responsible for Health & Safety?

The OHSA establishes formal roles and responsibilities for the three workplace parties: employers, supervisors and workers. It is the employer’s responsibility to make health and safety roles and responsibilities clear to ALL workplace parties.

Internal Responsibility SystemUnder the OHSA everyone in the workplace has a shared responsibility for health and safety:

WorkersSupervisorsEmployers

This concept of an internal responsibility system is based on the principle that the workplace parties themselves are in the best position to identify health and safety issues and develop solutions. One of the key ways in which the IRS is supported in workplaces is through Health and Safety Representatives and Joint Health and Safety Committees.

Key Players in the Workplace:– Employer– Supervisor– Worker

Other Roles or Parties include:– Joint Health & Safety Committee (JHSC)– Certified Member of JHSC– Health and Safety Representative– Constructor– Owner– Supplier

Employer– Means a person who employs one or

more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services.

Supervisor– Means a person who has

charge of a workplace or authority over a worker

Competent person means a person who,a) Is qualified because of knowledge,

training and experience to organize the work and its performance

b) Is familiar with this Act and the regulations that apply to the work, and

c) Has knowledge of any potential or actual danger to health and safety in the workplace

Worker– Means a person who

performs work or supplies services for monetary compensation but does not include an inmate …

What’s New…Effective immediately, the new definition of worker expands coverage of the OHSA to unpaid co-op students, certain other learners and trainees participating in a work placement in Ontario.

Specifically, the new definition of worker now includes:•Unpaid secondary school students who are participating in a work experience program, authorized by the school board that operates the school in which the students are enrolled, •Other unpaid learners participating in a program approved by a post-secondary institution, and, •Any unpaid trainees who are not employees for the purposes of the ESA because they meet certain conditions.

Volunteers are not covered by this new definition of worker.

As an “employer’ for Volunteers what do I do to ensure their safety?

• Provide training On how to do it. Show them. What things to look out for.

• Teach how to do the job safely. Orient them in the policies, procedure and rules and enforce them. Explain what to do when there's an emergency.

• Supervise wherever possible. Watch to see that the job is performed correctly. If you're not near where they’re working and they have a question, who should they ask?

• Provide the gear, or refuse volunteers that don’t provide their own. Visors, gloves, aprons, safety glasses, ear plugs, hard hats, sun screen, whatever. If they're a requirement, ensure the volunteers know how to use them properly and that they wear them.

As an “employer’ for Volunteers what do I do to ensure their safety?

• Explain the job thoroughly and identify risks before they start it. Inform that any unsafe practices and situations they see must be reported.

• Ensure they know to ask, ask, ask,. There are no stupid questions, just stupid excuses when something happens because they weren’t clear on the instructions. Communicate!

• Inform them not to do anything that they haven't been instructed to do safely and not to do anything they've been told not to do, for anyone! If one is in place, the supervisor rules.

As an “employer’ for Volunteers what do I do to ensure their safety?

• Ensure the rules are followed. Every safety rule is in place because someone paid a price.

• Remind them to tell you or the supervisor if they see anything hazardous that may hurt them or someone else. Or, if they see someone else doing something that they know could injure them, make sure they report it. Who is doing it is not as important as what is being done. This isn't ratting, it's a mature move to prevent unnecessary injuries.

• If they do get hurt, no matter how minor it may seem, have them report it to you or the supervisor. Remind them that they are not being asked to give until it hurts.

As an “employer’ for Volunteers what do I do to ensure their safety?

• Talk to them and let them know what type of tasks you'll be doing and the training you received. Let them know of any concerns you have or things you see that you don't think are right. Sometimes your parents know things you don't.

• Tell them to be honest. If you think the task is beyond their personal capabilities, let you know right away. Ensure they don't take on anything that they can't handle.

• Don't assume they can do something they haven't done before without some guidance, instructions or supervision and ensure they never do anything more than what they were actually told to do without checking with you or the supervisor first.

What Does the Law Require

Under the OHSA, employers who employ more than five workers are required to take measures to ensure a safe workplace, such as:

1. Develop and review annually a health and safety policy and a program.

2. Develop and review annually a workplace violence and harassment prevention policy and program.

3. Know their responsibilities.4. Communicate to workers their rights and responsibilities.

What Does the Law Require cont’d

5. Ensure that a health and safety representative (HSR) is selected, or joint health and safety committee (JHSC) established, to perform inspections and audit the health and safety program.

6. Recognize hazards that exist in the workplace and assess and control all hazards that have the potential to cause injuries or illness.

7. Inform workers about hazards and provide training and equipment for workers to follow safe work practices and procedures at all times.

OHSA Enforcement

• What happens if I don’t comply?• Non-compliance with the OHSA or regulations may result in

orders, fines and/or penalties. If convicted of an offence under the Act, an individual can be fined up to $25,000 per offence and/or imprisoned for up to 12 months. The maximum fine for a corporation convicted of an offence is $500,000. OHSA s. 66

OHSA Enforcement cont’d

Ministry of Labour Orders

Copies of Orders and Reports shall be:•Posted in the workplace;•Given to the JHSC or H&S Representative; and•Given to a complainant (by the Inspector if requested)

If an Order is issued, a Notice of Compliance shall be:•Submitted to MOL within 3 days of compliance;•Signed by Employer or Constructor•Accompanied by a statement by a worker representative; and•Posted in the workplace

Due Diligence

Establishing a Due Diligence Defense

To establish a due diligence defense, a proper OHS system designed to protect the health and safety of workers must be in place and operating effectively before an offence occurs.

Factors examined by courts in determining due diligence includes:•Identification and assessment of all workplace hazards•Corrective action to minimize hazards•Written policies, programs and procedures•Information, education, and training•Monitoring to ensure compliance•Ongoing program evaluation and improvement

Common Misconceptions in Small Businesses

• Serious hazards do not exist in small businesses• Formal health and safety programs are not necessary• Because our resources are limited, we are not

required to put health and safety programs in place

How am I doing now?Let’s review and check those that apply for your organization: I am familiar with the OHSA and Regulations. I have a written health and safety policy posted in my workplace. I have a written violence and harassment policy posted in my workplace I have trained my workers in the hazards of the job, and what they should

do to prevent injury. I have a reporting system in place so that employees can notify me of

hazards and injuries. I have a process in place to return injured workers safely back to work I have emergency procedures in place, and employees are aware of their

role.

7 Steps to Building your H&S ProgamSTEP 1: ESTABLISH A HEALTH AND SAFETY REPRESENTATIVE/ JOINT HEALTH AND

SAFETY COMMITTEE

STEP 2: POST DOCUMENTS

STEP 3: ESTABLISH A HEALTH AND SAFETY POLICY AND PROGRAM

STEP 4: WORKPLACE INSPECTIONS AND HAZARD CONTROL

STEP 5: INJURED OR ILL WORKER AND EMERGENCY PLANS

STEP 6: INCIDENT/ACCIDENT REPORTING AND INVESTIGATIONS

STEP 7: TRAINING AND EDUCATION

Step 1: Establish HSR/JHSC• Businesses that have 6-19 employees must have a

HSR; businesses with 20 or more employees must have a JHSC

• HSR/JHSC worker member must be non-management, selected by the workers (or trade union)

The primary functions of the HSR/JHSC are to identify workplace hazards and to make recommendations to the employer regarding ways to control the hazards.

Step 2: Post DocumentsRequired Postings LegislationOccupational Health and Safety Policy OHSA 25 (2)(k)Workplace Violence & Harassment Policy OHSA 32.0.1 (2)OHSA and Regulations OHSA 25(2)(i)“Health & Safety at Work: Prevention Starts Here” OHSA 25(2)(i)Guide to the OHSA OHSA 25(2)(i)Guide to the JHSC OHSA 25(2)(i)Name of HSR or JHSC members OHSA 9(32)MSDS information/binders OHSA 38(5)In case of Injury Poster (Form 82) R.1101 1(1)(b)(i)First Aid Certificates WSIAFire Plan Fire Code R. 454Ministry of Labour Orders OHSA 57(10)Employment Standards Poster OHSA 25 (3.1)Emergency Services & Numbers WSIA

Step 3: Establish H&S Policy and ProgramPolicy Statement:• Policy states a commitment to the health and safety of its

employees. The policy is to protect and promote employees health and safety, and to take every reasonable precaution to provide workplaces that are safe, healthy and free from harassment and violence.

Purpose:• Establish an enterprise framework for occupational health

and safety by providing strategic direction;• Provide direction regarding compliance with statutory

requirements for occupational health and safety;• Requirement under section 25(2)(j) of the OHSA

Step 4: Workplace Inspections & Hazard Control

• A worker member or members of a JHSC, or a HSR must inspect the physical condition of the workplace at least once a month

• If this is not practical, the OHSA allows for a portion of the workplace to be inspected each month, resulting in the entire workplace being inspected each year

• The timing of the inspection will be mutually agreed upon between the supervisor of the workplace, and the worker member

Hazard Assessment

Is the process for determining if a worker is at risk of potential or actual exposure to workplace hazards.

A workplace hazard is any condition, situation or thing that has the potential to cause injury or illness to a worker, or damage to property.

Risk is the chance or probability that a worker will be harmed if exposed to the hazard.

Step 5: Injured or Ill Worker and Emergency Plans

• Emergency Plans are procedures for dealing with such sudden unexpected situations as fires, explosions, violent occurrences or natural hazards

• The objective of the plan is to minimize fatalities, injuries and damage

• Emergency plans should include evacuation plans, emergency contact information, and first aid information

Step 6: Incident/Accident Reporting and Investigations

• Employers must report ALL incidents causing injury at the workplace.

• It is considered “best practice” to also document “Near Misses” as these provide insight into potential hazards.

• Incidents that result in medical aid or lost time from work must be reported to the WSIB using Form 7, the HSR/JHSC (and union if any)

• Incidents involving occupational illness, critical injury, or fatality require reporting to the MOL in addition to the bodies listed above

Step 7: Training and Education

• A successful health and safety program requires the participation and support of all workplace parties.

• Effective July 1, 2014 all workers and supervisors must receive “Mandatory Health and Safety Awareness Training”

• Free training resources can be found at the MOL website

Issues with telework arrangements:• home office becomes the workplace

– workstation design and arrangement (ergonomics)

– working alone – safe work environment– workers compensation and occupational health

and safety laws

Fire Protection

• Is there a smoke alarm? • Is there clear access to a fire extinguisher? • Is there a carbon monoxide detector in areas where there are fuel-burning

appliances?

Emergency Procedures

• Has an evacuation plan been established? • Are the first aid supplies adequate? • Are emergency contact numbers posted near the

telephone? • Has a periodic contact schedule been established? • Does your office contact know how to reach someone

near you in the event of an emergency?

Electrical Safety

• Are extension cords in good condition and positioned properly?

• Are cords and cables causing a tripping hazard? • Are outlets grounded and not overloaded? • Is there surge protection for electrical equipment? • Is there sufficient ventilation for electrical equipment?

• develop a policy which outlines what work can be done from home

• determine how the home office (workplace) will be inspected

• determine what areas are considered the workplace when at home (bathroom, kitchen?)

• worker must report injuries• how will you investigate accidents and injuries?

• If you have employees you must register with the WSIB within 10 days of hiring your first worker. If you are required by law to register, private coverage is not a substitute.

• Almost all businesses need to register, whether their workers are full-time or part-time.

• Self-employed persons have the option to carry coverage• If you are not sure about whether or not your business

needs to be registered, call the Registration Hotline at 1-866-734-9742.

• Employer is responsible to check with WSIB, preferably in writing, to determine if you must register

• Employer will be charged prior unpaid premiums, plus interest and penalties.

• A corporation may be fined up to $100,000 for each offence. • Individuals (executive directors) may also be charged with an

offence, and if found guilty may be fined up to $25,000 or sentenced to six months imprisonment or both for each offence.

There are a few industries that do not have to register. These include:

•Banks, trusts and insurance companies•Computer software developers•Private health care practices (such as those of doctors and chiropractors)•Trade unions•Private day cares•Travel agencies•Clubs (such as health clubs)•Photographers•Barbers, hair salons, and shoe-shine stands•Taxidermists•Funeral directing and embalming

Supervisors must take every reasonable precaution for worker protection:

•Understand their obligations and ensure compliance with the OHSA, its regulations and other relevant legislation•Support all workplace parties to prevent accidents and promote a safe and healthy workplace•Advise workers of actual or potential workplace hazards•Provide training in safe work practices and protective devices

Questions?