HUMAN RESOURCES MANAGEMENT EXECUTIVE DIRECTORS WORKSHOP FEBRUARY 24, 2011 The most important resources in any organization are its human resources. Wanda Stephen Director, Corporate Services Kawartha Conservation

health and safety

 almost every worker, supervisor, employer and workplace in Ontario is covered by the Occupational Health and Safety Act and regulations.

risk management on OHSA  in accordance with the Provincial Offences Act, MOL inspectors have the authority to issue a ticket or summons for minor OHSA violations, and may also initiate prosecutions for certain violations.  currently, the maximum fine resulting from a ticket or summons is $1,000  a successful prosecution - individuals may be subject to a fine of $25,000 or imprisonment, while corporations may be fined up to $500,000.  someone gets hurt

health and safety  Workplace  any place in, on or near to where a worker works.  a workplace could be a building, a mine, a construction site, an open field, a road, a forest or even a beach.  the test is: Is the worker being directed and paid to be there, or to be near there? If the answer is "yes", then it is a workplace.

health and safety  Worker  a person who is paid to perform work or supply services.  Employer  a person who employs one or more workers. This includes someone who contracts for a worker's services. For example, if you pay a temporary help agency for the services of workers supplied by the agency, you are the employer of those workers while they are under your direction.  a contractor or subcontractor who performs work or supplies services for an owner, constructor, contractor or subcontractor is also an employer if he or she in turn employs workers.

health and safety  Supervisor  a person who has charge of a workplace or authority over any worker.  Self-Employed  the Act is limited in its application to self-employed persons, as employers [section 4]. The sections of this guide that explain the duties of the employer indicate which duties apply to the self- employed. An inspector's powers to enforce the law, as well as the penalties for a contravention, also apply–with the necessary modifications–to the self-employed. In addition, the self- employed have the duties of a worker [section 28].

health and safety  Self-employed persons  4. Subsection 25 (1), clauses 26 (1) (c), (e), (f) and (g), subsection 33 (1) and sections 34, 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62, 66, 67, 68 and 69, and the regulations in relation thereto, apply with necessary modifications to a self- employed person. 2001, c. 9, Sched. I, s. 3 (1). 4.  AND sec 28, duties of the worker

health and safety  employers have an obligation to:  instruct, inform and supervise workers to protect their health and safety [section 25(2)(a)]  take every precaution reasonable in the circumstances for the protection of a worker [section 25(2)(h)];  appoint competent persons as supervisors [section 25(2)(c)].  prepare a written occupational health and safety policy, review that policy at least once a year and set up a program to implement it [section 25(2)(j)].

health and safety  Duties of Supervisors.  the Act sets out certain specific duties for workplace supervisors.  a supervisor must:  ensure that a worker complies with the Act and regulations [section 27(1)(a)];  ensure that any equipment, protective device or clothing required by the employer is used or worn by the worker [section 27(1)(b)];  advise a worker of any potential or actual health or safety dangers known by the supervisor [section 27(2)(a)];  take every precaution reasonable in the circumstances for the protection of workers [section 27(2)(c)].

health and safety  Duties of Workers  A worker must take responsibility for personal health and safety insofar as he or she is able. Under the Act, a worker must:  work in compliance with the Act and regulations [section 28(1)(a)];  use or wear any equipment, protective devices or clothing required by the employer [section 28(1)(b)];  report to the employer or supervisor any known missing or defective equipment or protective device that may be dangerous [section 28(1)(c)];  report any known workplace hazard to the employer or supervisor [section 28(1)(d)];  report any known contravention of the Act or regulations to the employer or supervisor [section 28(1)(d)];  not remove or make ineffective any protective device required by the employer or by the regulations [section 28(2)(a)]; [ 6 ]6  not use or operate any equipment or work in a way that may endanger any worker [section 28(2)(b)]; and  not engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct [section 28(2)(c)].

health and safety  next steps  familiarize yourself with obligations under the OHSA, use  Act is free on line at  post the OHSA  develop a policy – example provided  post your policy  develop H & S procedures  monitor and enforce

home office safety  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

home office safety checklist  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?

working from home  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?

be alert  On Nov. 1, 2010, the Ministry of Labour launched a Health & Safety Contact Centre, which allows anyone, anywhere in Ontario to call one number to report a workplace health and safety incident, critical injury, fatality or work refusal.  The public can also call that number if they suspect unsafe work practices or for general inquiries.  The toll-free number – operates 24 hours a day, seven days a week.

resources     multitude of safety sites  printed materials  template on how to prepare a H & S policy  CCOHS newsletter on telework

wsib

 authority of the Workplace Safety and Insurance Act  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

risk management on wsib  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.  someone gets hurt

wsib Benefits of registering  no-fault insurance.  greater protection, since in most cases workers can't sue you following a work-related injury or illness.  benefits for your workers — WSIB insurance replaces lost earnings and covers health care costs resulting from work- related injuries and illnesses.  help in returning your workers to the job  Training and Prevention programs.

independent operators  independent operator is a person who carries on business and who does not employ any workers for that purpose  wsib has the authority to determine who is a worker or an independent operator  workers are insured  independent operators are not, and may not be insured through the hiring company’s wsib account  questionnaire provided by wsib

resources    printed materials  Employers Guide to Workplace Safety & Insurance  Fact sheet on Workers and Independent Operators

topics for another day?  workplace violence – OHSA bill 168  human rights legislation  employee retention  personnel policies  group benefit plans  retirement plans  fair hiring practices  performance management  exit interviews

thank you