The Competent SupervisorThe Competent Supervisor

Occupational Health & Safety Act of Ontario Regulation

Requirements

GoalGoal

• To help prepare supervisors (know in "company name" as Managers) to become “competent persons” in their respective sector as defined by the OHS Act of Ontario.

Learning AgendaLearning Agenda

MAIN TOPICS1. Supervisor Characteristics2. OH&S Act3. Citing the legislation4. Workplace parties5. Sector Regulations6. Supervisor interactions7. Due diligence

The Supervisor’s RoleThe Supervisor’s Role

A warm up exercise – Ask your self these two questions and write your answers down on the quiz form.

1. What are the functions of a supervisor?

2. What is the definition of a supervisor?

Supervisor DefinitionsSupervisor Definitions

Definition #1: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 CharacteristicsDesirable Characteristics

• 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:Ministry of Labour Views:Supervisor CompetencySupervisor 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 ActOccupational Health & Safety ActPurpose of the ActPurpose of the Act

• Provincial law since 1978• Provide a health and safe workplace• Assign responsibilities for health and

safety• Promote active participation• The OH&S Act assigns rights and duties

for individuals and corporations

Parts of the OH&S ActParts of the OH&S Act

Definitions1. Application2. Administration3. Duties of Employers

and other persons3.1 Codes of Practice4. Toxic Substances5. Right to Refuse or to

Stop Work Where Health or Safety in Danger

6. Reprisal by Employer Prohibited

7. Notices8. Enforcement9. Offences and

Penalties10.RegulationIndexList of Regulation

Enforcement and Penalties under the ActEnforcement and Penalties under the Act

• 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

(outlined in section 66 of the OH&S Act)

Bill C-45Bill C-45

• Federal law since 2003• Amends the Criminal Code of Canada• Makes organizations criminally liable

Bill C-45 imposes a legal duty on all those who direct work of others, to take reasonable measures to protect employee and public safety.

Citing the Act & RegsCiting the Act & RegsFormat for reading & citing actFormat 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

Meaning of “SHALL” and “MAY” Meaning of “SHALL” and “MAY”

“SHALL”

You must

“MAY”

You have a choice

Meaning of “AND” and “OR”Meaning of “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.

Main Workplace PartiesMain Workplace Parties

• Employer• Supervisor• WorkerWHO ARE THE OTHER WORKPLACE

PARTIES?Anyone who enters your workplace!

Employer Duties: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 protection of the worker(Section 25 of the Act)

What does “competent person” mean?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:Supervisor Duties:

• Ensure workers comply with Act & Regs• 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 Act)

Worker Duties and Rights:Worker Duties and Rights:

DUTIES:• Work in compliance• Wear or use the

required PPE, etc.• Report hazards or

contraventions to supervisor

RIGHTS:• Right to know –

WHMIS• Right to participate

in H&S program• Right to refuse

unsafe work

(Section 28 of the Act)

Supervisor Interactions: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 testingWith the JHSC Certified Member:• When any dangerous circumstance is present

What is a “Dangerous Circumstance”?What is a “Dangerous Circumstance”?

A situation in which:1. The OH&S Act or Regs are being

contravened,2. Contravention poses a danger or a

hazard to a worker, and3. Delay in controlling danger or hazard

may seriously endanger a worker.

Supervisory Safety Tasks:Supervisory Safety Tasks:

Written responsibilities:The Supervisor shall:

“Implement, support, and enforce the safety program at the worker level”.

A Supervisor’s 3 main activities:1. Communicating/educating2. Inspecting3. Enforcing

Supervisor Safety TasksSupervisor Safety Tasks

• Enforcing safety rules• Complying with

regulations• Giving safety talks• Participating in site

inspections• Participating in

accident investigations

• Job planning• Orientation for new

staff members• Participating in safety

audits• Completing a job

hazard assessment• Setting a professional

example

Supervisory Communications:Supervisory 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: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: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

Supervisory Interactions:Supervisory 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

Rights of an MOL Inspector:Rights of an 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 Act)

What is “Due Diligence”?What is “Due Diligence”?

• The key to a successful H&S program• An investment in accident prevention• Your best defense, if charged!“taking every precaution reasonable in

the circumstances for the protection of the worker”

Due Diligence and the Supervisor:Due Diligence and the Supervisor:

Appoint competent workersKnow section 27 of the Act and applicable

sections of your sector regulationsProvide safety orientation for all workersConduct daily inspections of your worksiteReport all workplace accidents, as requiredDocument all safety violations and follow up

with proper progressive discipline

Other Health & Safety Regulations:Other Health & Safety Regulations:

Four Major Types of Regulations:1. WHMIS regulation (right to know)2. Sector regulations (health/industrial)3. Designated substance regulations4. Regulation Respecting Control of

Exposure to Biological or Chemical Agents

Other Health & Safety Legislation: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 QuizWrap Up & Closing Quiz

Now that you know more about your OH&S responsibilities as a Manager/Supervisor, answer these three questions:1.What do you plan to stop doing?2.What do you plan to start doing?3.What do you plan to continue doing?