Competent Supervisor Defining Demonstrating Competent Supervision Educational Objectives

Competent Supervisor Defining & Demonstrating Competent Supervision

Educational Objectives ü Learn the definition of competent person/supervisor ü Obtain information on supervisory activities that support competency under the OHSA © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 2

Why Be Competent? • • • MOL orders Personal fines Employee Morale Injury costs Improved communication Increase understanding and awareness of H&S © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 3

Competent Supervision • An employer in Ontario is responsible for selecting a competent person when they appoint a supervisor. Sec. 25(2)(c) • When they are hired, if it is determined that a supervisor is not competent, the employer is obligated to provide them sufficient training to demonstrate competency. © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 4

Competent Supervision A competent supervisor must be: • Qualified to organize the work and its performance (supervise workers) • Familiar with applicable workplace Health and Safety (H&S) legislation • Knowledgeable of actual and potential workplace and job hazards © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 5

Demonstrating Competency • Develop, maintain and review corporate and departmental policies and programs that meet or exceed OSHA requirements and other relevant H&S legislation • Encourage each party in the workplace to develop and actively participate in an effective IRS © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 6

Demonstrating Competency • Prepare, promote and review safe operating procedures • Perform workplace and job hazard analysis, document the results and make specific recommendations • Conduct workplace inspections that include monitoring work practices © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 7

Demonstrating Competency • Perform incident/accident investigations, identify immediate and root causes, and take corrective action • Provide orientation training for new workers, and ongoing training and coaching for all workers on hazards and other H&S issues © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 8

Demonstrating Competency • Ensure that each worker is taught the correct way to wear/use appropriate PPE, safety devices and clothing • Encourage all workers to report H&S hazards and problems to their supervisor • Report H&S issues to managers, corporate directors and officers, and the employer © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 9

Demonstrating Competency • Regularly attend supervisor training, refresher courses, seminars and workshops on H&S legislation, best practices, current methods and strategies, and other relevant topics • Prepare and maintain accurate job descriptions for all workers that include H&S responsibilities for all key jobs/tasks © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 10

Demonstrating Competency • Ensure that participation in the H&S program and IRS is assessed in all performance appraisals • Hold regular H&S meetings with workers • Keep a current record of all H&S discussions held at staff meetings • Supervise workers and use progressive discipline as required © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 11

Competent Supervisor Legislation

Definitions • Employer “a person who employs or contracts for the services of one or more workers …” • Supervisor “a person who is in charge of a workplace or has authority over any worker. ” • Worker “a person who is paid to perform work or supply services. ” © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 13

Roles and Responsibilities of the JHSC üAudit the H&S program üAudit the effectiveness of the Internal Responsibility System (IRS) üSupport corporate H&S objectives © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 14

Management Obligations to the JHSC/H&S Rep. • Assist and cooperate with a member of the JHSC or the H&S representative as they perform their tasks • Provide information and assistance during a workplace inspection or an incident/ accident investigation • Allow them to accompany a Ministry inspector during a workplace inspection © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 15

Duties and Responsibilities Section 25 and 26 Section 27 Section 28 Section 32 q q Employers Supervisors Workers Directors and officers © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 16

Employers • Implement and enforce applicable OHSA rules, regulations and safe work procedures • Appoint competent supervisors • Inform supervisors and workers of actual and potential hazards or dangerous conditions • Provide workers with appropriate information, instruction and supervision • Prepare and review the H&S policy annually • Provide requisite Personal Protective Equipment (PPE) • Take every reasonable precaution to protect workers © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 17

Supervisors • Ensure that a worker wears PPE and uses protective devices or clothing that the employer requires • Advise workers of actual and potential hazards that are known by the supervisor • Implement and enforce OHSA rules, regulations, procedures and prescribed instructions • Take every reasonable precaution to protect workers • Investigate incidents/accidents and perform workplace inspections • Deal promptly with worker concerns © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 18

Workers Shall… • Comply with the OHSA, specific regulations under this Act, and the H&S policy defined by the employer • Use or wear any equipment, protective devices or clothing required by the employer • Report missing or defective equipment or protective devices that may be dangerous, incidents/accidents, hazardous occurrences or a contravention of the OHSA to their supervisor • Know and follow safe work procedures for their area and assist in prevention • Participate in H&S, WHMIS and other training © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 19

Workers Shall Not… • Remove or make ineffective any protective device. . . • Use or operate any equipment, or work in any way that may endanger any worker • Engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 20

As a reasonable precaution, an employer can define and communicate a policy or a safe work procedure. If this policy or safe work procedure actually exceeds existing legislative requirements, it can be enforced as if it was law. Workers must comply. © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 21

Directors and Officers • “… shall take all reasonable care to ensure that the corporation complies with: (a) The OHSA and applicable regulations under this Act (b) Orders and requirements of Ministry inspectors and directors (c) Orders of the Minister” © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 22

Exercise • Refer to Sections 23 -32 of the OHSA • Outline the responsibilities of one or more parties in the workplace that you are assigned. © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 23

Enforcement, Offences and Penalties © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 24

Section 54 An inspector from the Ministry of Labour can: • Enter any workplace (except a dwelling) anytime without a warrant (unless the MOL is certain they will be laying charges, then a warrant is required) • Seize or make use of anything in the workplace in order to gather evidence • Question anyone, order any tests, take photos, take samples and so on, all at the expense of the employer • Issue orders, that remain in effect until a hazard is rectified to their satisfaction © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 25

Offences and Penalties Section 66(1) of the OHSA sets out the penalties for people who contravene or fail to comply with: • A provision of the OHSA or a specific regulation under this Act • An order or requirement of an inspector or director • An order of the Minister © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 26

Offences and Penalties q Any individual that is guilty and convicted of an offence under the OHSA is liable to a fine of not more than $25, 000 per offence, imprisonment for a term of not more than 12 months per offence, or both q A corporation is liable to a fine of not more than $500, 000 per offence © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 27

Who Can be Fined? • Employers • Directors and officers • Supervisors • Workers © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 28

When Prosecution is Usually Considered • An incident/accident that results in a fatal or critical injury to a worker • Performing a task with a high risk of injury • Failure to comply with an order • Obstruction of a Ministry inspector • Contravention or lack of satisfactory compliance with a designated substance regulation • Endangering their own H&S and/or the H&S of other workers © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 29

Health Care Regulation 67/93 Health care and residential facilities include: 4 4 Hospitals and laboratories Mental health facilities Nursing homes, group homes and homes for the aged Rehabilitation facilities for developmentally- or physically-impaired people 4 Child development or treatment services 4 Laundry and power plants associated with any of these health care facilities © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 30

Health Care Regulation 67/93 An employer is responsible for providing procedures and controls for: 4 4 4 Safe work practices and working conditions Proper use, maintenance and operation of equipment Reporting of unsafe conditions … Purchasing of equipment … Use and wear and care of PPE … Biological, chemical and physical hazards © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 31

Health Care Regulation 67/93 Other issues addressed in this regulation include: 4 Infection control and immunization programs 4 Handling and management of linens, waste material and sharp objects 4 Premises and work surfaces 4 Ventilation requirements 4 Restricted and confined spaces 4 Equipment and electrical equipment 4 Compressed gas cylinders and material handling 4 Anaesthetic gases and anti-neoplastic drugs © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 32

Industrial Regulation 851 An industrial establishment is “an office building, factory, arena or shop, and any land, buildings and structures appertaining thereto. ” This regulation contains provisions on: 4 4 4 Premises and work surfaces Material handling Machine and equipment safety Confined spaces Ladders and protection from falls PPE and other related topics © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 33

Other H&S Legislation 4 Smoking in the Workplace Act 4 Transportation of Dangerous Goods Act 4 Ontario Building Code Act 4 Regulated Health Professions Act 4 Occupiers’ Liability Act 4 Public Hospitals Act 4 Health Protection and Promotion Act 4 Tobacco Control Act 4 Canada Labour Code 4 Food and Drug Act 4 Canadian Guidelines and Standards © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 34

Conceptual Overview “The IRS is an approach, within an organization, where everyone has direct responsibility for Health and Safety (H&S) as an essential part of his or her job. ” (Strahlendorf, 2001) © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 35

Due Diligence

Reasonable Precaution • An employer or supervisor must define and communicate a H&S policy, program or procedure • If this H&S policy, program or procedure meets or exceeds existing OHSA requirements, it can be enforced as if it is law • Workers must comply © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 37

Reasonable Precaution • This extends the responsibility of a supervisor beyond compliance with the OHSA and specific regulations under this Act • Sections 8 -9 of Regulation 67/93 do not limit the number or type of hazards that must be identified and controlled in health care and residential facilities © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 38

Reasonable Precaution • An effective Internal Responsibility System (IRS) • Annual review of the H&S policy and program • Regular review of all safe work procedures at the department and/or business unit level • Worker orientation and ongoing H&S training • Proactive H&S planning by management • Corrective action and preventative measures to control workplace and job hazards • Workplace inspections, accident investigations • Documentation © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 39

H&S Policy Basic H&S Program Roles and responsibilities of each party, hazard identification, analysis and control, workplace inspections, incident/ accident investigations and reporting, safe return to work. . . Workplace and Job-Specific H&S Programs Detailed procedures for infection control, workplace violence, client/material handling, lab safety. . . © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 40

Detailed Physical Evidence • Departmental policies and procedures • Hazard analysis results and recommendations for all job tasks • Safe operating procedures • Workplace inspection results and recommendations • Incident/accident investigation results and recommendations • A record of all safety discussions held at staff meetings • Employee training and orientation • Progressive disciplinary measures © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 41

Proactive Measures • Using a checklist to respond to a potential H&S issue in the workplace in a timely and efficient manner • Giving a worker credit in a corporate newsletter when they report a hazard or participate in H&S activities beyond the standard requirements. • Implementing a temporary preventative measure for a hazard identified during a workplace inspection • Performing an incident/accident investigation and identifying the basic cause(s) and corrective measures. • Taking prompt corrective action to control the root causes of a hazard that are identified during an investigation © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 42

Proactive Measures • Adding health and safety as standard item on all workplace meetings • Attending health and safety training programs designed for supervisors on an annual basis • Participating in the purchasing of any new departmental equipment or floor layout changes • Making continuous improvements to supervisor -worker communication © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 43

Enforcing H&S “Even if all of the other elements of a due diligence defence can be demonstrated in court, a lack of ongoing enforcement of the system is treated as a lack of complete due diligence and the defence will fail on this ground. ” (Supreme Court of Canada, Regina versus Sault Ste. Marie) © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 44

Enforcing H&S • • To be effective, discipline in the workplace must be: Supported by senior management Supported in writing in policies and procedures and in job descriptions Consistent and implemented without bias Remedial as opposed to personal Progressive Appropriate to the infraction Well documented © Copyright 2006 Ontario Safety Association for Community & Healthcare. All rights reserved/tous droits réservés. Reproduction in whole or in part by any means without express written consent of Ontario Safety Association for Community & Healthcare is prohibited by law. 45