Transcript Slide 1

Supervisory Competency-Part 1
Occupational Health & Safety Act
Ontario Regulation Requirements
Human Resources
September to December 2010
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Purpose/Scope
• To ensure supervisory staff are competent under
the Occupational Health and Safety Act (OHSA)
• Applies to all supervisors/managers who have
responsibilities which allow them to be in charge of
the workplace or have authority over a worker
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Health & Safety hazard awareness
Convey information to employees
Become familiar with “the act”
Measures and procedure awareness
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Why this? Why now?
• Ministry of Labour campaign “Safe at Work
Ontario” (SAWO)
• An important component of the Internal
Responsibility System (IRS)
• Ministry of Labour Healthcare sector plan:
special enforcement focus
http://www.labour.gov.on.ca/english/hs/sawo/se
ctorplans/2009/health/index.php
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Learning Objectives
By the end of this session you will have acquired:
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A knowledge of the OHS Act (the Act)
The ability to cite the legislation
An awareness of your role in workplace safety
An understanding of where to find resources and
information
Due diligence skills
Supervisory Competency!
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Policy
The Central CCAC is committed to providing
supervisors with the skills required to manage
the day-to-day duties of their job as well as a
working knowledge of their roles and
responsibilities relating to all applicable
Occupational Health & Safety legislation.
All supervisory staff will, as a minimum, meet the
definition of a “competent person,’ as defined in
the Occupational Health & Safety Act.
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The Supervisor’s Role
A warm up exercise:
Ask yourself these two questions and write your
answers down on the quiz form.
1.
What are the functions of a supervisor?
2.
What is the definition of a supervisor?
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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.
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Desirable Characteristics
in a Supervisor
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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
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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.
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Occupational Health & Safety Act:
Purpose of the Act
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Provincial law since 1978
Provide a healthy and safe workplace
Assign responsibilities for health and safety
Promote active participation
The OH&S Act assigns rights and duties for
individuals and corporations
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Acts and Regulations
The main purpose of the Act is to protect workers from
health and safety hazards on the job. It sets out
duties for all workplace parties and rights for workers.
It establishes procedures for dealing with workplace
hazards and provides for enforcement of the law where
compliance has not been achieved voluntarily.
Fundamental to the successful working of OHSA is the
workplace Internal Responsibility System (IRS).
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Let’s take a look
at the OHSA
• Orientation to the OHSA
• Employee rights – there are 3
• Internal Responsibility System (IRS)
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Parts of the OH&S Act
Section
Section/Page
Section 1
Definitions
Section 51
Notices
Section 2
Application
Section 54
Enforcement
Section 5
Administration
Section 66
Section 23
Employer’s Duties
Offences &
Penalties
Section 70
Regulations
Section 32
Codes of Practice
Page 72
Section 33
Toxic Substances
Regs: relating to
specific workplaces
Section 43
Right to refuse or
stop unsafe work
Page 831
MOL addresses &
Resources
Section 50
Employer Reprisals
Prohibited
Page 849
Index
xxv
List of
Regulations
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Parts of the OHSA
Part
Title
Comment
Part I
Application
• Where, when and to whom the OHSA
applies
Part II
Administration
• Administration of the OHSA
• Delegation of powers from Minister of
Labour to inspectors
• Establishment of a JHSC in lieu of an
H&S representative
Part III
Duties of Employers
& other persons
• Duties and responsibilities of directors
and officers of corporations, employers,
supervisors, workers and other key
parties in the workplace
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Parts of the OHSA
Part
Title
Comment
Part IV
Toxic Substances
• Requirements regarding toxic
substances that may endanger the
health & safety of a worker
Part V
Right to Refuse or Stop
Work
• Right of a worker to refuse
unsafe work if he/she believes that
the work is likely to endanger
him/her or another worker
Part VI
Reprisals by Employer
Prohibited
• Prohibits employers from seeking
reprisal against workers who
perform their duties in a compliant
manner
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Parts of the OHSA
Part
Title
Comment
Part VII
Notices
• Reporting requirements when a
death, critical injury or occupational
illness occurs in the workplace
Part VIII
Enforcement
• Power and authority of a Ministry
of Labour inspector in enforcement
Part IX
Offences & Penalties
• Offences & penalties for failing to
comply with the OHSA, a specific
regulation under this Act, an order
of a Ministry inspector, or the
Minister of Labour
Part X
Regulations
• Allows the Lieutenant-Governor in
Council to make regulations under
this act.
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Duties & Responsibilities
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Section
Duties &
Responsibilities
Section 25 & 26
Employers
Section 27
Supervisors
Section 28
Workers
Section 29
Owners
Section 30
Project Owners
Section 31
Suppliers
Section 32
Directors & Officers
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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
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Sections of Act and Regulations
Both the act and the regulations start with Section 1
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“SHALL” and “MAY”
“SHALL” is law
“MAY” - options
You must
You have a choice
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“AND” and “OR”
“AND”
“OR”
All conditions must apply
Only one condition applies
Look for “AND” or “OR” at the end of the second last
clause to ensure you understand which condition applies.
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“as prescribed”
Means to look into the appropriate
regulations (workplace, condition, chemical
etc.) to find more detail about what is
“prescribed”
Regulation 1101 – first aid requirements
Regulation 860 – WHMIS
REGULATIONS
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Enforcement & Penalties
under the Act: Section 66
• 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 per infraction
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Employee Rights
1. Right to refuse
2. Right to participate
3. Right to know
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Right to Refuse
A worker may refuse to work or do particular work where he or she has
reason to believe that,
(a) any equipment, machine, device or thing the worker is to use or
operate is likely to endanger himself, herself or another worker;
(b) the physical condition of the workplace or the part thereof in
which he or she works or is to work is likely to endanger himself or
herself; or
(b.1) workplace violence is likely to endanger himself or herself; or
(c) any equipment, machine, device or thing he or she is to use or
operate or the physical condition of the workplace or the part thereof
in which he or she works or is to work is in contravention of this Act
or the regulations and such contravention is likely to endanger
himself, herself or another worker
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Limited Rights
• Police, fire and other similar sector workers have
limited rights in exercising this right
• All workers have either full or conditional rights to
refuse unsafe work
• Health care workers are able to exercise their right to
refuse unsafe work unless:
- Circumstances that give rise to the refusal are inherent
in the worker’s work or a normal condition of
employment
- The refusal to work would directly endanger the life,
health or safety of another person
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Work Refusal: Stage 1
• Worker who has “reason to believe” immediately
reports refusal to their supervisor
• Supervisor investigates “forthwith” in the presence of:
- Worker
- Worker JHSC member (preferably certified)
• Worker remains in a safe location
• If refusal resolved, worker returns to work
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Work Refusal: Stage 2
• If the worker has “reasonable grounds” to believe that
the danger still exists, he/she can still refuse
• Ministry of Labour is promptly notified
• Pending results of investigation/consultation:
- worker to remain in a safe location
- worker may be assigned other work
- Another worker may be assigned the work; however,
must be advised of refusal in the presence of the worker
member of the JHSC
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Inspector Decision
1. Likely to endanger:
- Ministry of Labour issues a compliance order
- worker returns to work after corrections made
- no disciplinary action
2. Not likely to endanger:
- worker must return to work
- refusal at this point could result in disciplinary action
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Case Study
Mary Ellen is a Community Case Manager. Today she is
visiting a client, Mrs. Monteith who lives alone in a
wealthy neighbourhood. She is described as the
“grouchy, old rich lady” as she does not like to depend
on others for assistance with bathing and personal care.
Mary Ellen does not like dealing with Mrs. Monteith.
Today Mrs. Monteith is particularly grouchy
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Who are our Union
worker members?
Newmarket
Sheppard
•Laura Slonetsky
•Marjory Carnegie
•Laura Hyl
•Marta Demsar
•Lisa Fedunkiw
Richmond Hill
•Gary Mangiacotte
•Karen Bowen
•Vera Power
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Management Members
Newmarket
Sheppard
•Elaine Komaromi
•Christa Harvison
•Ana Hunt
•Danielle Paquette
•Julie Cook
•Patrice Wilde
•Ann Reid
•Baljinder Rahul
•Patrice Wilde
Richmond Hill
•Lori Borovoy
•Patrice Wilde
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Right to Participate
As health and safety representatives or joint health and safety
committee members, employees have the right to participate
in identifying and correcting work-related health and safety
concerns.
Employers with 20 or more employees are required to establish a
joint health and safety committee. The purpose of the
committee is to handle issues that are organization-wide in
nature.
Part II of the Canada Labour Code also provides for employee
participation through the use of an internal complaint
resolution process.
Human Resources and Skills Development Canada
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Right to Know
Employees have the right to be informed of known or
foreseeable hazards in the workplace and to be provided with
the information, instructions, training, and supervision
necessary to protect their health and safety.
The Code requires the use of appropriate methods of
communication for all employees including those with special
needs. Such methods are Braille, large print, audiotapes, sign
language, and oral communication.
In addition, employees have the right to have access to
government or employer reports related to the health and
safety of employees through the policy health and safety
committee, workplace health and safety committee or health
and safety representative.
Human Resources and Skills Development Canada
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Criminal Code of
Canada
• Federal law since 2004
• Makes organizations criminally liable
• Imposes a legal duty on all those who direct
the work of others, to take “reasonable
measures” to protect employee and public
safety.
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Main Workplace Parties
• Employer
• Supervisor
• Worker
WHO ARE THE OTHER WORKPLACE PARTIES?
Anyone who enters the workplace!
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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 the protection of the worker”
(Section 25 of the OHSA)
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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
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Supervisor Duties
• Ensure workers comply with Act & Regulations
• 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 OHSA)
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Worker Rights & Duties
RIGHTS:
DUTIES:
Right to know - WHMIS
Work in compliance
Right to participate in H&S program Wear or use the required PPE,
etc.
Right to refuse unsafe work
Report hazards or contraventions
to supervisor
(Section 28 of the OHSA)
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Supervisor Interactions
With the Joint Health/Safety Committee:
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Assist with and review workplace inspections
Identify any workplace hazards
Investigate any work refusal process
Be aware of any health & safety testing
With the designated JHSC Certified Member:
• When any dangerous circumstance is present
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What is a
“Dangerous Circumstance”?
A situation in which:
1.
The OHS Act or Regulations are being contravened,
2.
The contravention poses an imminent danger or a hazard
to a worker, and
3.
Delay in controlling danger or hazard may seriously
endanger a worker.
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Supervisor Safety Tasks
The Supervisor shall:
“Implement, support, and enforce the safety
program at the worker level”.
A Supervisor’s 3 main safety activities:
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2.
3.
Communicating/educating
Inspecting
Enforcing
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Supervisor Safety Tasks
Enforcing safety rules
Job planning
Complying with regulations
Orientation for new staff members
Participating in site inspections
Participating in safety audits
Giving safety talks
Completing a job hazard assessment
Participating in accident
investigations
Setting a professional example
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Reviewing Hazard
Controls
Why is it important to monitor and review your hazard
control program and methods?
• It is important to monitor both the hazard and the control method to
make sure that the control is working effectively and that exposure to
the hazard is reduced or eliminated.
Tools
Some tools include physical inspection, testing, exposure assessment,
observations, injury and illness tracking, employee feedback/input,
occupational health assessment and other methods.
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Reviewing Control
Measures
Be sure to answer the following questions:
1.
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6.
7.
Have the controls solved the problem?
Is the risk posed by the original hazard contained?
Have any new hazards been created?
Are new hazards appropriately controlled?
Are monitoring processes adequate?
Have workers been adequately informed about the situation?
Have orientation and training programs been modified to deal with the
new situation?
8. Are any other measures required?
9. Has the effectiveness of hazard controls been documented in your
committee minutes?
10.What else can be done?
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Supervisor
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
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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
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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
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Supervisor 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
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Internal Responsibility
System (IRS)
The Occupational Health and Safety Act, Ontario's law that governs health and
safety in the workplace, sets out legal duties and responsibilities for employers,
supervisors and workers to follow. The duties may not be complicated, but if
they are not followed, injuries, illness or even the death of a worker can result.
What does internal responsibility mean?
The legal duties and responsibilities of employers, supervisors and workers overlap
and complement each other. Together, they create what's known as the
internal responsibility system or IRS.
Simply put, the IRS means everyone in the workplace has a role to play and a duty
to actively ensure workers are safe. Every worker who sees a health and safety
problem such as a hazard in the workplace has a duty to report the situation to
management. Once a hazard has been identified, the employer and supervisor
have a duty to look at the problem and eliminate any hazard that could injure
workers.
Ministry of Labour
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Internal Responsibility
System (IRS)
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 coworkers. 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.
Internal responsibility system does the following:
• Establishes responsibility sharing systems
• Promotes safety culture
• Promotes best practice
• Helps develop self reliance
• Ensures compliance
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Rights of a 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 OHSA)
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What might trigger an
inspection by the MOL?
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Sector targeting
Complaint by an employee or visitor
Previous infractions or compliance issues
Critical injury or death
Dramatic increase or decrease in injury
rates
• Random
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What is
“Due Diligence”?
• The key to a successful H&S program
• An investment in accident prevention
• Your best defense, if charged!
“take every precaution reasonable in the
circumstances for the protection of a worker”
Canadian Centre for Occupational Health & Safety
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Due Diligence Video
Work Safe BC Video
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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
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Hierarchy of Hazard
Control
What are the main ways to control a hazard?
The main ways to control a hazard include:
• Elimination (including substitution): remove the hazard from the
workplace.
• Engineering Controls: includes designs or modifications to plants,
equipment, ventilation systems, and processes that reduce the source of
exposure.
• Administrative Controls: controls that alter the way the work is done,
including timing of work, policies and other rules, and work practices
such as standards and operating procedures (including training,
housekeeping, and equipment maintenance, and personal hygiene
practices).
• Personal Protective Equipment: equipment worn by individuals to
reduce exposure such as contact with chemicals or exposure to noise.
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Control Measures
Where are controls used?
Controls are usually placed:
• At the source (where the hazard "comes from")
• Along the path (where the hazard "travels")
• At the worker
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Other Health &
Safety Regulations:
Four Major Types of Regulations:
1.
WHMIS regulation (right to know)
2.
Sector regulations (health/industrial)
3. Designated substance regulations
4.
Regulation Respecting Control of Exposure to
Biological or Chemical Agents
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Other Health &
Safety Legislation
5. Workplace Safety & Insurance Act
6. Building Code Act
7. Transportation of Dangerous Goods Act
8. Employment Standards Act
9. Fire Marshals Act
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Wrap Up &
Closing Quiz
Now that you know more about your OH&S responsibilities as
a Manager/Supervisor, answer these three questions:
3. What do you plan to stop doing?
4. What do you plan to start doing?
5. What do you plan to continue doing?
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Part 2:
Hazard Identification
Hazard Identification
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Questions? Please!!
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