Transcript Health and Safety wk 10

Health and Safety
Chapter 10
Objectives
1. Understand the roles and
responsibilities of
managers/supervisors
according to the Workplace
Health and Safety Act W210.
2. Recognize and understand
worker rights and the internal
responsibility system in the
workplace.
Objectives
3. Understand the principles and
elements of due diligence
4. Understand the roles and
responsibilities of Workplace
Safety and Health Division.
5. Understand the role of the
Safety and Health committee.
Objectives
6. Recognize and utilize
opportunities for Inspections
and Incident Investigations
7. Have general knowledge of
hazard recognition, Job Hazard
Analysis, risk assessment,
control concepts, safe work
procedures and training of
workers.
Agenda
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The Legislation
Bill C 45
The Rights of all Workers
Internal Responsibility System
Due Diligence
Video- 7 Things You’d Better Know.
Principles of the Legislation
• “The Act”
• The Workplace Safety and
Health Regulation. “The
Regulation” M.R. 217/2006
• Code of Practice
The ACT W210
- Outlines the shared responsibility of
worker rights. Gives specific
information about the general duties
of employers, supervisors, workers
and safety officers.
- Outlines the role and powers of
government.
- Outlines offences and penalties for
non compliance.
The Regulations
A regulation states how to meet
the responsibilities and duties
as laid out in the ACT.
An example would be: the ACT
requires employers to protect
workers against controlled
products in the workplace.
Regulation 217/2006 Part 35
states how to do this.
New Regulation
• 44 parts providing specific information on
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different elements.
New regulations on Harassment in the
Workplace and Violence in the Workplace.
MSI requirement Part 8
There are also definition changes. (Designated
Product)
Code of Practice/Guidelines
Code of Practice is a guideline
based on best practices in an
industry at the time of research
and publication.
“Codes are NOT regulations, but
can be used as evidence of what
should have been done to
comply”.
What is the Definition of a
Supervisor?
- a person who has charge of a
workplace or authority over a
worker.
If you have direct authority over
even one person, you are
considered a supervisor.
Duties of a Supervisor
4.1 (a)
Take all precautions necessary to protect
the safety and health of a worker under
his or her supervision.
4.1
Ensure that a worker under his or her
supervision works in the manner and in
accordance with the procedures and
measures required by this Act and the
Regulations.
4.1 (b)
Advise a worker under his or her
supervision of all known or reasonably
foreseeable risks to safety and health in
the area where the worker is performing
work.
4.1 (c)
Co-operate with any other person
exercising a duty imposed by this Act or
the Regulations.
The Higher the Authority, the Higher the
Responsibility.
WHY?
If you supervise someone, you have a
direct responsibility for their safety and
health.
Supervisor Key Responsibilities
• Know the Legislation
• Plan for Safety
• Participate in Inspections &
Investigations
• Investigate Work Refusals
• Train and Inform Workers of the
Potential Risks
• Enforce Safe Work Procedures
Bill- C45 Criminal Code Section
217.1
• May 9th 1992 Westray Mines explosion
killed 26 workers.
• Legislation Bill C-45 introduced to make
it easier to prosecute companies and
other organizations for failing to protect
workers.
• This legislation closed the loop holes
and now makes corporations and
organizations criminally responsible for
wanton or reckless disregard of
workplace safety.
Getting around Historical
Difficulties
1. Removing the requirement that the
2.
offence be committed by a senior
executive or “directing mind” of an
organization.
Removing the requirement that
both the criminal intent and the act
of committing the crime be carried
out by the same individual within
the organization.
3. Expanding the identity of
individuals within an
organization who can commit
a criminal act to include all
employees, agents and
subcontractors.
4. Establishing that criminal intent can be
attributed to an organization as a whole
rather than to a specific individual within
the organization;
5. In the case of wanton or reckless disregard,
establishing that criminal intent will exist
where a senior executive of the organization
had knowledge of the offence but failed to
take steps to stop the offence from occurring
6. Creating a specific legal duty on anyone
who undertakes, or has authority to
direct how another person does work or
performs a task to take reasonable steps
to prevent bodily harm from occurring to
anyone arising from that work or task.
Rights and Responsibilities
WORKERS RIGHTS
The Right to Know
The Right to Participate
The Right to Refuse
Unsafe Work
(Non Discrimination)
The Right to Know
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About hazards and the control of risks
To be trained
To know how to protect themselves
To know about the laws
The Right to Participate
• Safety Committee
• Identifying hazards
• Making recommendations
• Providing feedback
Right to Refuse Unsafe Work
Every worker has the right to
refuse any work that they
believe to be unsafe.
Key to this right: any worker
refusing to work is protected
from discriminatory action by
his/her employer or union.
Process for the Right to Refuse
1. Inform supervisor immediately. Supervisor resolves.
2. If supervisor unable to resolve, inform management
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and worker co-chair of the committee. They will
investigate fully and resolve.
If they are still unable to resolve, inform the MB
Labour Workplace Safety & Health Division
Rules for Assigning the Work to another worker.
What is the IRS?
INTERNAL RESPONSIBILITY SYSTEM
What Does This Mean?
The IRS or Internal Responsibility
System is where all levels; employers,
managers, supervisors and workers
all have an integral role to play in the
success of a safe and healthy
workplace.
As a result, employers have the
greatest responsibility and the
Workplace H &S Committees are the
monitors of the IRS.
EMPLOYERS
WORKERS
IRS
COMMITTEES
OR
REPRESENTATIVE
IRS
Includes
- Right to
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Participate
Right to Know
Right to Refuse
- Duties of
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Employer
Duties of
Supervisor
Duties of
Employees
Role of
Committee or
Representative
TO BE EFFECTIVE…
All elements of the IRS must be working
simultaneously.
If group, party or person does not do their
part, your system will be ineffective and
non-compliant.
IRS Responsibilities
• Identification of hazards.
• Analysis of the risks posed by those
hazards.
• Communication of information throughout
the workplace about the risks.
• Control of those risks.
DUE DILIGENCE
Manitoba Labour Definition:
- due diligence means everyone with
responsibility for safety and health must
“take every precaution reasonable in the
circumstances to avoid a work related
injury or illness”.
Reasonably Practicable
The employer took, every possible
precaution.
The greater the risk, the greater the
safety and health intervention required.
MB Labour Also Says…
General Duties: everyone in the workplace
must take reasonable care of their safety
and health and that of others. As a
supervisor you have additional
responsibilities to ensure the safety of the
workers and others.
And…..
Regulatory Compliance: show that
employers and workers take every
reasonably practicable action to ensure
compliance.
Elements of Due
Diligence
Policies: to demonstrate their commitment
to safety and health in the workplace.
Training: for each worker to acquire the
skills and knowledge to ensure
competency has been met related to the
job.
Measurement: audits, inspections
performance evaluations.
Enforcement: to enforce policies and
procedures where required and establish
a discipline process.
What Does it Really Mean?
Tell me
Show me
Teach me
Train me
Test me
Observe me
Discipline Me
Due Diligence Requires….
A proactive, systematic approach
to safety management.
The safety management program
is critical.
This can only be developed when
a strong safety program is in
place.
VIDEO
7 THINGS YOU’D BETTER KNOW!