Transcript Occupational Health & Safety Act for Supervisors Department of Occupational Health and Safety C37 East Office Building Phone: 416-736-5491 http://www.yorku.ca/dohs Refresher Training.

Occupational Health &
Safety Act
for Supervisors
Department of Occupational Health and Safety
C37 East Office Building
Phone: 416-736-5491
http://www.yorku.ca/dohs
Refresher Training
Supervisor’s Training at York University
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Mandatory supervisors’ training include:
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3.
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Occupational Health and Safety Act (OHSA)
Workplace Inspections
Accident/Occupational Illness Investigation
WHMIS I or II (for all employees)
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Other safety training related to the work performed
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Training schedule:
http://www.yorku.ca/dohs/documents/Training_Schedule.pdf
Contact DOHS ([email protected]) to register
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You are responsible for ensuring that your staff attend and
maintain up to date all required training
New Employees Orientation: Review YU Occupational Health and
Safety Manual http://www.yorku.ca/dohs/newemployees.htm
Objectives
To serve as a refresher (once every 3 years) for
supervisors who have completed the initial OHSA
training:
Learn about:
 The OHS Act
 Roles and Responsibilities of Workplace Parties
 Supervisors Responsibilities
 IRS and Due Diligence
 Hazard reporting and Work refusal procedures
 Quiz
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Health & Safety
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Why is health and safety important?
A healthy and safe workplace will:
–Eliminate/reduce
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the workers pain and suffering
–Reduce absences and increase productivity
–Increase motivation and the commitment of
employees
–Reduce business costs, such as insurance premiums,
and business disruption
–Achieves compliance to legislation: We have a legal
duty to protect our employees
Responsibility
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Who is responsible for maintaining a healthy
and safe workplace?
–In
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practical application: All Workplace Parties
–Workers
–Supervisors
–Employers
About the OHS Act (01 October 1979)
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Purpose: to protect workers against health
and safety hazards on the job
Outlines duties of:
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Employers (Sec. 25-26)
Supervisors (Sec. 27)
Workers (Sec. 28)
About the OHS Act cont.
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Rights of Workers include:
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Right to know about hazards on the workplace
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Right to participate in safety process
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Right to refuse dangerous work (YU procedure)
Where you come in…
Per OHSA Section 25 (2) (c)
An employer shall, when appointing
a supervisor, appoint a competent
person.
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Definition: Competent Person
Per OHSA Section 1 (1), 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 or safety in the workplace;
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Definition pt. 1: Supervisor
Per OHSA Section 1 (1), supervisor is a
person who has:
• charge of a workplace, or
• authority over a worker
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Why two components?
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Charge of a workplace (examples):
– Office
– Laboratory, studio, shop
– Renovation (Project Coordinator)
– Construction site
– Off-site facilities
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Authority over a worker: Traditional role
Example at YU: Role of the
Supervisor in a Renovation
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Role of Supervisor
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Inform staff on project in advance (e.g., meeting,
email, etc.)
Identify sensitive individuals
Report concerns to project coordinator
For details, refer to “York University Renovation
and Construction: Health and Safety Handbook”
http://www.yorku.ca/vpfa/documents/RenConstGuide.doc
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Safety of Non-York Employees
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York University as the employer/supervisor has safety obligations
toward non -York employees (eg. consultants, volunteers,
contractors/subcontractors etc.) if they work for York University
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Contractors/subcontractors: Refer to “York University
Constructor/Contractor Manual” for details
http://www.yorku.ca/vpfa/documents/Constructor_Contractor_Manual.pdf
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Volunteers: are covered by Occupational Health and Safety
Policy under duty of care. Refer to YU Guidelines for Volunteers
http://www.yorku.ca/finance/documents/Guidelines_for_Volunteers_on_
University_Business.pdf
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OHSA Responsibilities:
EMPLOYERS (OHSA, Sec. 25, 26)
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Ensure that equipment, materials and protective devices are
provided, issued and maintained in good condition
Ensure that the measures and procedures prescribed are carried
out in the workplace
Acquaint a worker or a supervisor with any hazard in the
workplace
Take every precaution reasonable under the circumstances for the
protection of a worker
NB: The responsibilities incumbent on the University as an
employer are delegated to various levels of supervisory staff. In
practice, many of the duties of the employer are exercised by
senior officers and administrative managers.
SUPERVISORS
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(OHSA, Sec. 27)
A supervisor shall ensure that a worker:
 works in the manner and with the protective devices, measures
and procedures required by this Act and the regulations;
 uses or wears the equipment, protective devices or clothing that
are required to be used or worn.
In addition, the supervisor shall:
 advise a worker of the existence of any potential or actual danger
to the health or safety of the worker of which the supervisor is
aware;
 provide a worker with written instructions as to the measures and
procedures to be taken for protection of the worker; and
 take every precaution reasonable in the circumstances for the
protection of a worker.
WORKERS (OHSA, Sec. 28)
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A worker shall:
 work in compliance with this Act and regulations;
 use or wear the equipment, protective devices or clothing that the
employer requires;
 report to his or her employer or supervisor the absence of or
defect in any equipment or protective device, any contravention of
this Act or the regulations or the existence of any hazard of which
he or she knows.
No worker shall,
 remove or make ineffective any protective device required by the
regulations or by his or her employer
 use or operate any equipment, machine, device or thing or work in
a manner that may endanger himself, herself or any other worker;
or engage in any prank, contest, feat of strength, unnecessary
running or rough and boisterous conduct.
“Westray Bill” C-45
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Westray Mine Disaster: an underground mine explosion at
5:18 am on 09 May 1992 in Plymouth, Pictou County, NS
resulted in the death of 26 miners
Public inquiry resulted in recommending that corporate
executives and directors be accountable for workplace
safety.
Introduce Bill C-45; and amendment to the Criminal Code of
Canada, on March 31, 2004
Photos: CBC
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Impact of Bill C-45: 31 Mar. 2004
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Organizations (or groups within an organization) and
corporations may be charged under criminal code for
safety infractions of their representatives (including
union groups)
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Establish a legal duty for all persons directing work to
take reasonable steps to ensure the safety of workers and
the public (including students, visitors, etc.)
A dual charge can be laid (Bill C-45 and OHS Act)
OHSA Penalties
Per OHSA Section 66 (1), every person who
contravenes or fails to comply with,
(a) a provision of this Act or the regulations;
(b) an order or requirement of an inspector or a
Director; or
(c) an order of the Minister,
May be fined up to $25,000 or to imprisonment up to
twelve months, or to both.
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OHSA Penalties
Per OHSA Section 66 (2),
If a corporation is convicted of an offence, the
corporation may be fined up to $500,000.
Ticketing
MOL inspectors have the power to issue
tickets for violation of Health & Safety
requirements in the workplace; up to $300.00.
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Internal Responsibility System
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The Internal Responsibility System (IRS)
stipulates that workers and employers must share
the responsibility for occupational health and
safety in the workplace
The IRS can be accomplished via two provisions:
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Requirement for employers to have a health and safety
policy and program(s)
Direct responsibility that officers of a corporation have for
health and safety
IRS at York University
Board of Governors
President, VPs, AVPs,
Deans, Directors
Managers, Supervisors
Workers
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DIRECT
RESPONSIBILITY
IRS at York University
Board of Governors
President, VPs, AVPs,
Deans, Directors
Managers, Supervisors
Workers
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ACCOUNTABLE
COMMUNICATION
and
HAZARD REPORTING
Internal Resources at YU
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Department of Occupational Health and Safety
Joint Health and Safety Committees
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Health and Safety Officers:
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List of different JHSC and their members:
http://www.yorku.ca/dohs/committees.htm
List of HSOs: http://www.yorku.ca/dohs/
Employee Well-Being Office
Office of the Counsel
Security, Parking & Transportation Services (eg. accident/incident
response etc.)
Facilities Services (eg. facilities & equipment repair and
maintenance etc.)
Joint Health and Safety Committees
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Consist of Worker and Management
members
Have legislated Functions and Powers
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hold regular meetings
conduct workplace inspections
conduct accident investigations
(critical injuries)
Consist of Certified members
-power to stop dangerous work
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JHSC-Workplace Inspections
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Inspect different area every month,the entire
workplace once a year
A workplace inspection report is completed. A
copy of the report with findings and
recommendations is sent to the area
supervisor/manager.
The area supervisor/manager must respond to
JHSC inspection report
Joint Health and Safety Committees
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No person shall knowingly obstruct or interfere with a JHSC, a
committee member or a H&S rep., in the exercise of a power or
performance of a duty under the OHS Act sec.62(5).
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The employer shall provide to the committee or to a health and
safety representative the results of a report respecting
occupational health and safety that is in the employer’s
possession and, if that report is in writing, a copy of the portions of
the report that concern occupational health and safety; sec.25 (2)
(l).
The employer shall advise workers and provide a copy of the
results of a report referred to in the above. sec. 25(2)(m)
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Protection against Bill C-45 & OHS
Act
• How do organizations or individuals protect themselves
from liability under Bill C-45 & OHS Act?
• Due diligence continues to be the only defence
against prosecution under provincial OHS
legislation.
OHSA Section 25 (2) (h) & 27 (2) (c)
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An employer and a supervisor shall take every
precaution reasonable in the circumstances for the
protection of a worker.
Due Diligence
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Think of it as:
Best practice
Philosophical, legal, (moral) concept
More than just compliance to legislated
(minimum) standards
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Due Diligence: Applied
For Supervisors:
Coaching
Job Observation
Safety Talks
Enforcement of Rules And Regulations
Discipline
Taking Problems to Senior Management
Taking Action (respond to workers’
health and safety concerns)
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For Managers:
OHS Performance Evaluation
Holding Others Accountable
Implementing Programs
Considering System Wide Problems
Source: Strahlendorf, 1996
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For Executives:
Policy
Competent Professionals
Sufficient Resource Allocation
Leadership
Holding Subordinates Accountable
Developing and Maintaining an OHS System
Ensuring Periodic System Audits
Improving Safety in the Workplace
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Eliminate/reduce hazards
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Exercise administrative controls
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work safe practices, training,
supervision, warning signs, etc.
Provide and enforce use of personal
protective equipment
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substitution, barriers, enclosures, fill in
the hole etc.
safety glasses, gloves, respirator,
harness etc.
Investment in Health & Safety
• All potential safety measures have an associated cost
• The bigger question is: Can we afford to NOT apply
such measures?
• In the long run investment in health & safety is far
more cheaper than the cost of injuries, lost time etc.
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Accident Costs
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Prevention
Discomfort,
Injury, Death
Direct costs
– Compensation, medical, rehabilitation
Indirect Costs
– Property, equipment and/or material damage (e.g., repair or replacement,
etc.)
– Administrative costs (e.g., paperwork, absenteeism, etc.)
– Productivity costs (e.g., training and lower productivity of new employees,
cost of temporary help, reduced or lost quality and productivity of existing
employees, etc.)
– Ministry of Labour costs (e.g., orders, fines, etc.)
– Legal costs (e.g., private liability, lawyers, etc.)
– Other (e.g., loss of market status/reputation, etc.)
Being Proactive…
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Do not rely on people to not make
mistakes
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Be proactive in early identification
and elimination of hazard (hazard
elimination is better)
Remember: Take every precaution
reasonable in the circumstances
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Defense Against a Charge
OHS Act: Section 66 (3)
The accused to prove that every
precaution reasonable in the
circumstances was taken.
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Lack of Due Diligence for Supervisors’ Duties
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Should have known
about a hazard, but
did nothing to find out.
Source: Strahlendorf, 1996
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Lack of Due Diligence for Supervisors’ Duties
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Knew about a hazard, but …
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took no steps to correct it
took no steps to refer it to someone who
could correct it
did not warn or advise workers about it
Lack of Due Diligence for Supervisors’ Duties
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Believed a worker
was entitled to
"assume the risk",
and so did not
engage in rule
enforcement.
Lack of Due Diligence for Supervisors’ Duties
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Did not engage in
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Discouraged reports of
hazards by workers
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safety talks
job observation
“I don’t want to hear it”
OHS Act and Regulations
Available on the MOL website at:
OHS Act:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o01_e.htm
Regulations:
http://www.labour.gov.on.ca/english/hs/laws/regulations.php
A Guide to the OHS Act
http://www.labour.gov.on.ca/english/hs/pubs/ohsa/index.php
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Examples of Applicable OHSA
Regulations
Designated Substances
Industrial Establishments
Training Programs (for JHSCs)
Training Requirements For Certain Skill Sets And Trades (e.g.,
electricians, plumbers, mechanics, etc.)
University Academics And Teaching Assistants
Workplace Hazardous Materials Information System
X-Ray Safety …
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University Academics and Teaching Assistants
1. The Act applies to every person who is employed
as a member or teaching assistant of the academic
staff of a university or of a related institution. R.R.O.
1990, Reg. 858, s. 1.
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Guidelines, Codes, and Standards
One must also refer to guidelines, codes, standards to
establish what is “reasonable”
Examples:
 Building and Fire Codes
 Canadian Standards Association (CSA)
 Ministry of Labour (MOL) guidelines
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VDT Workstations: Layout and Lighting
Guideline for the Safe Operation and Maintenance of
Powered Lift Trucks
Response to Hazard Reporting
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Supervisors shall respond to workers' concerns as
soon as possible (max. 24 hours after complaint)
The response could be any of the following:
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the resolution of the concern
a timetable for the resolution of the concern
an indication that steps have been taken towards the
resolution of the concern (e.g. Maintenance has been called)
scheduling a time to discuss the concern with workers in
more detail
Refer to the following chart on the hazard reporting
procedure
HAZARD REPORTING SYSTEM
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Response to Work Refusal (OHSA, section 43)
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What do you do when a worker refuses?
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Refer to the following chart on the work refusal
protocol
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JHSC and DOHS will be involved
Work Refusal Protocol
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Avoiding Work Refusals
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Encourage hazard reporting
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Be proactive, identify and address hazards
(e.g., workplace inspections)
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Involve employees in problem solving
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Work design
Equipment selection
DOHS Programmes: www.yorku.ca/dohs
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Accident Response &
Investigation
Asbestos Safety
Biosafety
Compressed Gas Safety
Confined Space
Ergonomics / Musculoskeletal
Injury Prevention
First Aid
Hearing Conservation
Hepatitis A and B
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Indoor Air Quality
Laboratory Safety
Ladder Safety
Laser Safety
Radiation Safety
Transportation of Dangerous
Goods
Workplace Hazardous
Materials Information System
(WHMIS)
QUIZ
OHS Act Refresher Training
REMEMBER:
TO BE CONSIDERED TRAINED, YOU ARE NOW
REQUIRED TO COMPLETE THE QUIZ:
Note: To access the quiz, please copy and paste the link (below)
into your web browser.
Link to Quiz:
http://www.yorku.ca/dohs/yquiz/OHSATraining/quiz/OHSATraining.quiz
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