Health and SafetyHealth and Safety

Chapter 10Chapter 10

ObjectivesObjectives

1.1. Understand the roles and Understand the roles and responsibilities of responsibilities of managers/supervisors managers/supervisors according to the Workplace according to the Workplace Health and Safety Act Health and Safety Act W210. W210.

2.2. Recognize and understand Recognize and understand worker rights and the worker rights and the internal responsibility internal responsibility system in the workplace. system in the workplace.

Objectives Objectives

3. Understand the principles and 3. Understand the principles and elements of due diligenceelements of due diligence

4. Understand the roles and 4. Understand the roles and responsibilities of Workplace responsibilities of Workplace Safety and Health Division.Safety and Health Division.

5. Understand the role of the 5. Understand the role of the Safety and Health Safety and Health committee.committee.

ObjectivesObjectives

6. Recognize and utilize 6. Recognize and utilize opportunities for Inspections opportunities for Inspections and Incident Investigationsand Incident Investigations

7. Have general knowledge of 7. Have general knowledge of hazard recognition, Job hazard recognition, Job Hazard Analysis, risk Hazard Analysis, risk assessment, control assessment, control concepts, safe work concepts, safe work procedures and training of procedures and training of workers. workers.

AgendaAgenda• The LegislationThe Legislation• Bill C 45Bill C 45• The Rights of all WorkersThe Rights of all Workers• Internal Responsibility SystemInternal Responsibility System• Due DiligenceDue Diligence• Video- 7 Things You’d Better Video- 7 Things You’d Better

Know.Know.

Principles of the LegislationPrinciples of the Legislation

• ““The Act”The Act”

• The Workplace Safety and The Workplace Safety and Health Regulation. “The Health Regulation. “The Regulation” M.R. 217/2006Regulation” M.R. 217/2006

• Code of PracticeCode of Practice

The ACT W210The ACT W210- Outlines the shared responsibility - Outlines the shared responsibility

of worker rights. Gives specific of worker rights. Gives specific information about the general information about the general duties of employers, supervisors, duties of employers, supervisors, workers and safety officers.workers and safety officers.

- Outlines the role and powers of - Outlines the role and powers of government.government.

- Outlines offences and penalties for - Outlines offences and penalties for non compliance.non compliance.

The RegulationsThe RegulationsA regulation states how to A regulation states how to

meet the responsibilities and meet the responsibilities and duties as laid out in the ACT.duties as laid out in the ACT.

An example would be: the ACT An example would be: the ACT requires employers to protect requires employers to protect workers against controlled workers against controlled products in the workplace. products in the workplace. Regulation 217/2006 Part 35 Regulation 217/2006 Part 35 states how to do this.states how to do this.

New RegulationNew Regulation

• 44 parts providing specific information on 44 parts providing specific information on different elements.different elements.

• New regulations on Harassment in the New regulations on Harassment in the Workplace and Violence in the Workplace.Workplace and Violence in the Workplace.

• MSI requirement Part 8MSI requirement Part 8

• There are also definition changes. There are also definition changes. (Designated Product)(Designated Product)

Code of Practice/GuidelinesCode of Practice/Guidelines

Code of Practice is a guideline Code of Practice is a guideline based on best practices in based on best practices in an industry at the time of an industry at the time of research and publication. research and publication.

“ “Codes are NOT regulations, Codes are NOT regulations, but can be used as evidence but can be used as evidence of what should have been of what should have been done to comply”.done to comply”.

What is the Definition of a What is the Definition of a Supervisor?Supervisor?

- a person who has charge of a - a person who has charge of a workplace or authority over a workplace or authority over a worker.worker.

If you have direct authority If you have direct authority over even one person, you over even one person, you are considered a supervisor.are considered a supervisor.

Duties of a SupervisorDuties of a Supervisor

4.1 (a)4.1 (a) Take all precautions necessary to Take all precautions necessary to

protect the safety and health of a protect the safety and health of a worker under his or her supervision.worker under his or her supervision.

4.14.1

Ensure that a worker under his or her Ensure that a worker under his or her supervision works in the manner and supervision works in the manner and in accordance with the procedures in accordance with the procedures and measures required by this Act and measures required by this Act and the Regulations. and the Regulations.

4.1 (b)4.1 (b)

Advise a worker under his or her Advise a worker under his or her supervision of all known or supervision of all known or reasonably foreseeable risks to reasonably foreseeable risks to safety and health in the area where safety and health in the area where the worker is performing work.the worker is performing work.

4.1 (c)4.1 (c)

Co-operate with any other person Co-operate with any other person exercising a duty imposed by this Act exercising a duty imposed by this Act or the Regulations. or the Regulations.

The Higher the Authority, the Higher The Higher the Authority, the Higher the Responsibility.the Responsibility.

WHY?WHY?

If you supervise someone, you have If you supervise someone, you have a direct responsibility for their safety a direct responsibility for their safety and health.and health.

Supervisor Key Supervisor Key ResponsibilitiesResponsibilities• Know the LegislationKnow the Legislation

• Plan for SafetyPlan for Safety

• Participate in Inspections & Participate in Inspections & InvestigationsInvestigations

• Investigate Work RefusalsInvestigate Work Refusals

• Train and Inform Workers of Train and Inform Workers of the Potential Risksthe Potential Risks

• Enforce Safe Work ProceduresEnforce Safe Work Procedures

Bill- C45 Criminal Code Section Bill- C45 Criminal Code Section 217.1217.1• May 9May 9thth 1992 Westray Mines 1992 Westray Mines

explosion killed 26 workers.explosion killed 26 workers.

• Legislation Bill C-45 introduced to Legislation Bill C-45 introduced to make it easier to prosecute make it easier to prosecute companies and other organizations companies and other organizations for failing to protect workers.for failing to protect workers.

• This legislation closed the loop This legislation closed the loop holes and now makes corporations holes and now makes corporations and organizations criminally and organizations criminally responsible for wanton or reckless responsible for wanton or reckless disregard of workplace safety.disregard of workplace safety.

Getting around Historical Getting around Historical DifficultiesDifficulties1.1. Removing the requirement that Removing the requirement that

the offence be committed by a the offence be committed by a senior executive or “directing senior executive or “directing mind” of an organization.mind” of an organization.

2.2. Removing the requirement that Removing the requirement that both the criminal intent and the both the criminal intent and the act of committing the crime be act of committing the crime be carried out by the same carried out by the same individual within the individual within the organization.organization.

3. Expanding the identity of 3. Expanding the identity of individuals within an individuals within an organization who can organization who can commit a criminal act to commit a criminal act to include all employees, include all employees, agents and subcontractors.agents and subcontractors.

4.4. Establishing that criminal intent can Establishing that criminal intent can be attributed to an organization as be attributed to an organization as a whole rather than to a specific a whole rather than to a specific individual within the organization;individual within the organization;

5.5. In the case of wanton or reckless In the case of wanton or reckless disregard, establishing that criminal disregard, establishing that criminal intent will exist where a senior executive intent will exist where a senior executive of the organization had knowledge of the of the organization had knowledge of the offence but failed to take steps to stop offence but failed to take steps to stop the offence from occurring the offence from occurring

6.6. Creating a specific legal duty on Creating a specific legal duty on anyone who undertakes, or has anyone who undertakes, or has authority to direct how another authority to direct how another person does work or performs a person does work or performs a task to take reasonable steps to task to take reasonable steps to prevent bodily harm from occurring prevent bodily harm from occurring to anyone arising from that work or to anyone arising from that work or task.task.

Rights and ResponsibilitiesRights and Responsibilities

WORKERS RIGHTSWORKERS RIGHTS

The Right to KnowThe Right to Know

The Right to ParticipateThe Right to Participate

The Right to Refuse The Right to Refuse Unsafe WorkUnsafe Work

(Non Discrimination)(Non Discrimination)

The Right to KnowThe Right to Know

• About hazards and the control of About hazards and the control of risks risks

• To be trainedTo be trained

• To know how to protect To know how to protect themselvesthemselves

• To know about the lawsTo know about the laws

The Right to ParticipateThe Right to Participate

• Safety CommitteeSafety Committee

• Identifying hazardsIdentifying hazards

• Making recommendationsMaking recommendations

• Providing feedbackProviding feedback

Right to Refuse Unsafe Right to Refuse Unsafe WorkWork Every worker has the right to Every worker has the right to

refuse any work that they refuse any work that they believe to be unsafe.believe to be unsafe.

Key to this right: any worker Key to this right: any worker refusing to work is protected refusing to work is protected from discriminatory action by from discriminatory action by his/her employer or union.his/her employer or union.

Process for the Right to Process for the Right to RefuseRefuse1.1. Inform supervisor immediately. Supervisor Inform supervisor immediately. Supervisor

resolves.resolves.2.2. If supervisor unable to resolveIf supervisor unable to resolve, inform , inform

management and worker co-chair of the management and worker co-chair of the committee. They will investigate fully and committee. They will investigate fully and resolve.resolve.

3.3. If they are still unable to resolveIf they are still unable to resolve, inform the MB , inform the MB Labour Workplace Safety & Health DivisionLabour Workplace Safety & Health Division

4. Rules for Assigning the Work to another worker.4. Rules for Assigning the Work to another worker.

What is the IRS?What is the IRS?

INTERNAL RESPONSIBILITY INTERNAL RESPONSIBILITY SYSTEMSYSTEM

What Does This Mean?What Does This Mean? The IRS or Internal Responsibility The IRS or Internal Responsibility

System is where all levels; System is where all levels; employers, managers, employers, managers, supervisors and workers all have supervisors and workers all have an integral role to play in the an integral role to play in the success of a safe and healthy success of a safe and healthy workplace.workplace.

As a result, employers have the As a result, employers have the greatest responsibility and the greatest responsibility and the Workplace H &S Committees are Workplace H &S Committees are the monitors of the IRS.the monitors of the IRS.

WORKERS

COMMITTEES OR

REPRESENTATIVE

EMPLOYERS

IRS

I R SI R S

IncludesIncludes

- Right to Right to ParticipateParticipate

- Right to KnowRight to Know

- Right to Right to RefuseRefuse

- Duties of Duties of EmployerEmployer

- Duties of Duties of SupervisorSupervisor

- Duties of Duties of EmployeesEmployees

- Role of Role of Committee orCommittee or

RepresentativeRepresentative

TO BE EFFECTIVE…TO BE EFFECTIVE…

All elements of the IRS must be All elements of the IRS must be working simultaneously.working simultaneously.

If group, party or person If group, party or person does notdoes not do do their part, your system will be their part, your system will be ineffective and non-compliant.ineffective and non-compliant.

IRS ResponsibilitiesIRS Responsibilities

• Identification of hazards.Identification of hazards.

• Analysis of the risks posed by those Analysis of the risks posed by those hazards.hazards.

• Communication of information Communication of information throughout the workplace about the throughout the workplace about the risks.risks.

• Control of those risks.Control of those risks.

DUE DILIGENCEDUE DILIGENCE

Manitoba Labour Definition:Manitoba Labour Definition:

- due diligence means everyone with - due diligence means everyone with responsibility for safety and health responsibility for safety and health must “take every precaution must “take every precaution reasonable in the circumstances to reasonable in the circumstances to avoid a work related injury or avoid a work related injury or illness”.illness”.

Reasonably PracticableReasonably Practicable

The employer took, every possible The employer took, every possible precaution. precaution.

The greater the risk, the greater the The greater the risk, the greater the safety and health intervention safety and health intervention required.required.

MB Labour Also Says…MB Labour Also Says…

General Duties: everyone in the General Duties: everyone in the workplace must take reasonable care workplace must take reasonable care of their safety and health and that of of their safety and health and that of others. As a supervisor you have others. As a supervisor you have additional responsibilities to ensure additional responsibilities to ensure the safety of the workers and others.the safety of the workers and others.

And…..And…..

Regulatory Compliance: show that Regulatory Compliance: show that employers and workers take every employers and workers take every reasonably practicable action to reasonably practicable action to ensure compliance.ensure compliance.

Elements of Due Elements of Due DiligenceDiligencePolicies: to demonstrate their Policies: to demonstrate their

commitment to safety and health in commitment to safety and health in the workplace.the workplace.

Training: for each worker to acquire Training: for each worker to acquire the skills and knowledge to ensure the skills and knowledge to ensure competency has been met related to competency has been met related to the job. the job.

Measurement: audits, inspections Measurement: audits, inspections performance evaluations.performance evaluations.

Enforcement: to enforce policies and Enforcement: to enforce policies and procedures where required and procedures where required and establish a discipline process.establish a discipline process.

What Does it What Does it ReallyReally Mean? Mean?

Tell meTell me

Show meShow me

Teach meTeach me

Train meTrain me

Test meTest me

Observe meObserve me

Discipline MeDiscipline Me

Due Diligence Requires….Due Diligence Requires….

A proactive, systematic A proactive, systematic approach to safety approach to safety management.management.

The safety management The safety management program is critical.program is critical.

This can only be developed This can only be developed when a strong safety when a strong safety program is in place.program is in place.

VIDEOVIDEO

7 THINGS YOU’D BETTER KNOW!7 THINGS YOU’D BETTER KNOW!