1. 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.

2. 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.

3. 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
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.

4. 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!

5. 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.

6. 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?

7. 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.

8. 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

9. 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.

10. 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

11. 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).

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

13. 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

14. 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

15. 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

16. 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.

17. 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

18. 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

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

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

21. “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.

22. “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

23. 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

24. Employee Rights
Right to refuse
Right to participate
Right to know

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

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

33. 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

34. 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

35. 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, 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 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.

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

37. 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)

38. 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

39. 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)

40. 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)

41. 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

42. 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.

43. 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

44. 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

45. 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.

46. 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?

47. 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

48. 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

49. 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

50. 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

51. 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

52. 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

53. 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)

54. 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

55. 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

56. Due Diligence Video
Work Safe BC Video

57. 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

58. 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).

59. 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

60. 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

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

62. 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?

63. Part 2: Hazard Identification

64. Questions? Please!!