Human Resources September to December 2010 Supervisory Competency-Part 1 Occupational Health & Safety Act Ontario Regulation Requirements Human Resources September to December 2010 The Ministry of Labour’s Health Care Sector Plan is based on Safe At Work Ontario, the MOL’s compliance strategy for occupational health and safety. Through proactive enforcement, SAWO provides a modern, flexible, compliance based program. Ontario’s health care sector faces a number of health and safety challenges and contributing risk factors as a result of an aging population, increased demand on health care services, and emergence of multi-factorial risks (pandemics, environmental health risks, etc). Some of the major contributors to higher than average lost-time injuries (LTI) in the health care sector include an aging workforce, and an increased demand for health care services. The Ministry of Labour’s Health Care Health and Safety Program will be continuing its enforcement and compliance focus on the following hazards: musculoskeletal disorders (MSDs), infection prevention and control and needle safety, workplace violence/aggression prevention, slips/trips/falls, and hazardous chemical exposures to promote compliance in these areas. A health and safety culture requires all workplace parties to pay constant, appropriate attention to workplace health and safety, in other words to have a functioning internal responsibility system. Sustainable workplace health and safety culture needs a strong commitment by everyone to prevent injuries and illness and to reduce risk. This sector plan contains a brief description of some of the main topics that an inspector may address in the workplace. While each workplace is unique and the circumstances presented to an inspector may result in a different inspection focus, this sector plan provides a general overview of the MOL’s focus within health care.

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 Health & Safety hazard awareness Convey information to employees Become familiar with “the act” Measures and procedure awareness As a minimum supervisors are expected to 1. be aware of all actual or potential health & safety hazards in their area of responsibility, 2. be able to provide this information to their employees, 3. be familiar with the OHSA and the regulations that apply to their work, 4. have knowledge of written instructions as to the measures and procedures to be taken for the protection of an employee and 5. ensure employees are knowledgeable about their H&S related roles and responsibilities.

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/sectorplans/2009/health/index.php A health and safety culture requires all workplace parties to pay constant, appropriate attention to workplace health and safety, in other words to have a functioning internal responsibility system. Sustainable workplace health and safety culture needs a strong commitment by everyone to prevent injuries and illness and to reduce risk. This sector plan contains a brief description of some of the main topics that an inspector may address in the workplace. While each workplace is unique and the circumstances presented to an inspector may result in a different inspection focus, this sector plan provides a general overview of the MOL’s focus within health care.

Supervisory Competency! Learning Objectives By the end of this session you will have acquired: 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!

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.

The Supervisor’s Role A warm up exercise: Ask yourself these two questions and write your answers down on the quiz form. What are the functions of a supervisor? What is the definition of a supervisor?

Supervisor Definitions To get work done through the efforts of others. Definition 2: A person who has charge of a workplace or authority over a worker.

Desirable Characteristics in a Supervisor 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

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.

Occupational Health & Safety Act: Purpose of the Act 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

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).

Let’s take a look at the OHSA Orientation to the OHSA Employee rights – there are 3 Internal Responsibility System (IRS)

Parts of the OH&S Act Section Section/Page Section 1 Definitions Application Section 5 Administration Section 23 Employer’s Duties Section 32 Codes of Practice Section 33 Toxic Substances Section 43 Right to refuse or stop unsafe work Section 50 Employer Reprisals Prohibited Section/Page Section 51 Notices Section 54 Enforcement Section 66 Offences & Penalties Section 70 Regulations Page 72 Regs: relating to specific workplaces Page 831 MOL addresses & Resources Page 849 Index xxv List of Regulations

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

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

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.

Duties & Responsibilities 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

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

Sections of Act and Regulations Both the act and the regulations start with Section 1

“SHALL” and “MAY” “SHALL” is law You must “MAY” - options You have a choice

“AND” and “OR” “AND” All conditions must apply “OR” Only one condition applies Look for “AND” or “OR” at the end of the second last clause to ensure you understand which condition applies.

“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

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

Employee Rights Right to refuse Right to participate Right to know

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

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

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

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

Inspector Decision Likely to endanger: - Ministry of Labour issues a compliance order - worker returns to work after corrections made - no disciplinary action Not likely to endanger: - worker must return to work - refusal at this point could result in disciplinary action

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

Who are our Union worker members? Newmarket Laura Slonetsky Marjory Carnegie Laura Hyl Richmond Hill Gary Mangiacotte Karen Bowen Vera Power Sheppard Marta Demsar Lisa Fedunkiw

Management Members Newmarket Elaine Komaromi Christa Harvison Ana Hunt Danielle Paquette Julie Cook Patrice Wilde Richmond Hill Lori Borovoy Sheppard Ann Reid Baljinder Rahul

Right to Participate Human Resources and Skills Development Canada 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

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

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. Bill C-45 is federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The Bill established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others. Bill C-45 added Section 217.1 to the Criminal Code which reads: "217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task." Bill C-45 also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2). Bill C-45, also known as the "Westray Bill", was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Despite serious safety concerns raised by employees, union officials and government inspectors at the time, the company instituted few changes. Eventually, the disaster occurred. After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to Bill C-45. Police and crown attorneys enforce Bill C-45. The police and crown are responsible for investigating serious accidents and will determine whether any charges should be laid under the Canadian Criminal Code. The criminal code is a very different set of rules, and should not be confused with "regular" occupational health and safety laws (OH&S) and how they are enforced.

Main Workplace Parties Employer Supervisor Worker WHO ARE THE OTHER WORKPLACE PARTIES? Anyone who enters the workplace!

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)

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

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)

Worker Rights & Duties (Section 28 of the OHSA) 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)

Supervisor Interactions With the Joint Health/Safety Committee: 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

What is a “Dangerous Circumstance”? A situation in which: The OHS Act or Regulations are being contravened, The contravention poses an imminent danger or a hazard to a worker, and Delay in controlling danger or hazard may seriously endanger a worker.

Supervisor Safety Tasks The Supervisor shall: “Implement, support, and enforce the safety program at the worker level”. A Supervisor’s 3 main safety activities: Communicating/educating Inspecting Enforcing

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

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.

Reviewing Control Measures Be sure to answer the following questions: 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? Are any other measures required? Has the effectiveness of hazard controls been documented in your committee minutes? What else can be done?

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

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

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

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

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

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 co-workers. 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

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)

What might trigger an inspection by the MOL? 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

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

Due Diligence Video Work Safe BC Video

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

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. Hazards should be controlled working down from elimination to PPE as a last resort. These methods are also known as the "hierarchy of control" because they should be considered in the order presented (it is always best to try to eliminate the hazard first, etc).

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

Other Health & Safety Regulations: Four Major Types of Regulations: WHMIS regulation (right to know) Sector regulations (health/industrial) Designated substance regulations Regulation Respecting Control of Exposure to Biological or Chemical Agents

Other Health & Safety Legislation Workplace Safety & Insurance Act Building Code Act Transportation of Dangerous Goods Act Employment Standards Act Fire Marshals Act

Wrap Up & Closing Quiz Now that you know more about your OH&S responsibilities as a Manager/Supervisor, answer these three questions: What do you plan to stop doing? What do you plan to start doing? What do you plan to continue doing?

Part 2: Hazard Identification

Questions? Please!!