Supervision and Safety October 14th, 2017 Health, Safety & Wellness Supervisor Supervision and Safety October 14th, 2017 Health, Safety & Wellness

What would you like to know??? By the end of this session you will know: The OH&S legislated definition of a “Supervisor” The legal context of “due diligence” The role of the supervisor within a Health and Safety Management System. How to handle work refusals What would you like to know???

Legal definition of a “Supervisor” Saskatchewan Employment Act 3-1 (1) (dd) & OHS Regulation 2 (1) (ddd) A person who is authorized by an employer to oversee or direct the work of the employer’s worker/student The duty for maintaining a safe workplace falls on every person to the degree that they have the authority

Characteristics of an effective supervisor

Characteristics of an effective supervisor Good communicator and listener Approachable Honest and credible Decisive Consistent and equitable Fair Able to solve problems Experienced

The evolution of a Culture of Safety Conscious competent learning model/matrix Unconscious Incompetent Conscious Incompetent Conscious Competent Unconscious Competent

Supervisors must be duly diligent Due diligence means taking every precaution reasonable in the circumstances to avoid both harm or an offence against the law

Demonstrate Due Diligence In general terms, the ability to provide evidence or proof that you have: Fulfilled your general duty of care under OHS legislation to take reasonable care of your own health and safety and that of others, to the degree that you have the authority and ability to do so. Taken every reasonably practicable action to ensure regulatory compliance Taken every reasonably practicable action and precaution to prevent harm. 4 people died Vladim Kezenelson 3.5 years jail time

Westray mine Nova Scotia Possible penalties for not exercising due diligence as a corporation or Supervisor: Up to 1.5M under Saskatchewan Provincial Legislation. Conviction under the Federal Criminal Code can mean jail time. Westray mine Nova Scotia

Seven Elements of a Health and Safety Management System Management commitment and leadership Hazard identification and control Training Communications Inspections Reporting and investigations Emergency response

Seven Elements of the U of R’s Health and Safety Management System 1. Management Commitment and Leadership Simple steps: Inform your team/students about your commitment to safety Allocate budget dollars as required for safety issues Consider including safety activities as one of the criteria you use in assessing performance/academic performance Include safety in new worker/student orientation

Seven Elements of the U of R’s Health and Safety Management System 2. Hazard identification and control Simple steps: Learn how to identify hazards (HSW has a online risk assessment training module. ~30 minutes to complete) Purposefully identify hazards for high risk activities Implement control measures and monitor them for effectiveness

Spot the hazards (2 minutes) Spot the Hazard WorkSafe™ Magazine

Spot the hazards (2 minutes) Spot the Hazard WorkSafe™ Magazine

Spot the hazards (2 min)

Spot the hazards (1 min)

Seven Elements of the U of R’s Health and Safety Management System 3. Training Simple steps: Evaluated what training is required and the source Ensure applicable training is provided and that competency is measured Document that training has occurred Refresh training as required

Seven Elements of the U of R’s Health and Safety Management System 4. Communications Simple steps: Include safety as an agenda item in your team/student meetings Speak with those you supervise about safety at every opportunity Ask a team/student member to produce a “Tool box” talk specific to the hazards in your work or learning activity

Seven Elements of the U of R’s Health and Safety Management System 5. Inspections Simple steps: Schedule time in your calendar for inspections Focus both on people and things Be positive Document your inspection and corrective action(s)

Seven Elements of the U of R’s Health and Safety Management System 6. Reporting and Investigations Simple steps: Ensure you team understands the importance of, and how to report incidents and a near miss When a report is submitted, investigate the root cause. Remember, fact finding not fault finding Document any actions you take as a result of your investigation. Periodically review your actions to make ensure they are effective

May or may not be a contributing factor No Way to Prevent Recurrence Root cause analysis Incident: Student Fell and Sprained Wrist DIRECT CAUSE Slip and fall on wet floor Worker Not Paying Attention May or may not be a contributing factor DEAD END No Way to Prevent Recurrence Water on Floor SUBSTANDARD CONDITION Leaky Roof Spill Not Mopped Up SUBSTANDARD ACTION Spill Not Reported

May or may not be a contributing factor No Way to Prevent Recurrence Root cause analysis Incident: Worker Fell and Sprained Wrist DIRECT CAUSE Slip and fall on wet floor Student Not Paying Attention May or may not be a contributing factor DEAD END No Way to Prevent Recurrence Water on Floor Leaky Roof Spill Not Mopped Up Spill Not Reported

Root Cause analysis Maintenance behind on work orders INDIRECT CAUSE Leaky Roof Repairs not completed Maintenance behind on work orders Only 1 maintenance worker Leak not discovered until it rained No inspection process or preventative maintenance program Maintenance not qualified to inspect roof Employer does not own building

Root Cause analysis Maintenance behind on work orders INDIRECT CAUSE Leaky Roof Repairs not completed Maintenance behind on work orders Only 1 maintenance worker Leak not discovered until it rained No inspection process or preventative maintenance program Maintenance not qualified to inspect roof Employer does not own building

Seven Elements of the U of R’s Health and Safety Management System 7. Emergency Response (ER) Simple steps: Know the ER protocols that apply to you Ensure your teams understand their roles in an emergency (e.g., fire evacuation, persons with disabilities, AED use, bomb threat, active shooter) Document the training Consider doing periodic table top exercises

Right to Refuse Saskatchewan Employment Act 3-31 A student/worker must have reasonable grounds to believe that the job or task is unusually dangerous to the student/worker or others When exercising the ‘right to refuse’ the refusing worker/student is protected from discriminatory action

Step 1 Worker/student tells supervisor he/she is exercising his/her ‘right to refuse The supervisor should: Identify the act the worker/student is refusing to complete and why the worker/student believes the work is unusually dangerous Determine if the worker/student has reasonable grounds Determine if the work is unusually dangerous Most work refusals are solved at this stage

Step 2 If the supervisor cannot resolve work refusal OHC Co-Chairs must investigate During OHC Refusal investigation the supervisor can: Reassign refusing worker/student another job at no loss in pay or other benefits Ask another worker/student to perform the disputed activity if the other worker/student is advised in writing of: The work refusal and the reasons for the refusal The reasons why the disputed job can be done safely Her/his right to refuse to perform the act and the steps to follow

Step 3 If there is no OHC or either party is not satisfied with OHC decision contact OHS Division to investigate An OHO will investigate and provide a written ruling to all parties If ruling for refusing worker/student, OHO may issue a Notice of Contravention to the employer If ruling against refusing worker/student, OHO will advise worker in writing that he/she is no longer entitled to refuse Anyone directly affected by the ruling can appeal Decision remains in force unless suspended by the Director of the OHS Division or an adjudicator

Practice A student in a lab refuses to work because in several areas hazardous chemicals are used and the smell is very strong. The student does not have asthma and is not allergic to any of the chemicals. The student has received training in the use of hazardous chemicals. The lab is well ventilated and the PI has ensured the ventilation system is maintained properly. All the chemical exposure limits have been tested and are below the 8 hour average. Is this a valid work refusal?

Practice NO Working in a lab with the smell of chemicals could reasonably be expected to be part of the research environment. As long as the chemical exposure is within the limits set by the OHS legislation there is no unusual danger.

Thank you Questions