Workplace Safety Roles Responsibilities Arun Kaura OSSA Consultant

Workplace Safety Roles & Responsibilities Arun Kaura OSSA Consultant < >

Who We Are The Ontario Service Safety Alliance (OSSA) is a not-for-profit occupational health & safety consulting company. Our Vision: Lead and inspire change: Workplace injury and illness are unacceptable. Our Mission: Enable Ontario service sector workplaces to be the healthiest and safest in the world. < >

Ontario Service Safety Alliance Safe Workplace Association for the Service Sector • Includes employment, recruitment, and staffing services industry • 35 Field staff across province • Provide employers with consulting advice, guidance on legal obligations, health & safety program development • Safety products & training solutions are sector-specific, self-paced solutions available • www. ossa. com < >

Staffing Industry Considerations • • Increase in demand for temporary & contract work Statistics – temporary workers at greater risk of injury Increasing government and media attention ‘Transient’ or ‘Transitional’ workforce – Newly landed immigrants, young workers, varying education levels, ESL/FSL issues, age, ethnicity, cultural factors that impact safety • H&S awareness levels among temporary workers < >

Health & Safety Law in Canada • Federal – Canada Labour Code, Part II & Regulations – banks, inter-provincial rail, trucking, airlines, airports, telephone, post office, federal government employees • Bill C-45 – Amendment to Criminal Code of Canada • Provincial - Health & Safety Acts & Regulations – British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island < >

Laws are Based on Similar Principles • Legal health & safety requirements • Internal Responsibility System – Senior management commitment – Employee knowledge, involvement – Employee rights • Joint Health & Safety Committee • Responsibility ultimately remains with employer to “take all precautions reasonable in circumstances to protect the worker. . ” < >

The Internal Responsibility System • Internal Responsibility System (IRS) - Managers, Supervisors, and Workers share responsibility for workplace safety – IRS relies on all parties to play active role to sustain workplace health & safety program • Joint Health & Safety Committee (JHSC) - intended to play role as ‘oversight committee’ - monitors safety program provided by employer, gives workers voice in workplace safety • Occupational Health & Safety Policy < >

Employer’s Responsibilities • Comply with and ensure that Act/Regulations are complied with • Prepare a written health & safety policy, and administer a health & safety program • Identify & control workplace hazards • Inform workers about workplace hazards • Provide safety training on hazards, equipment, materials use, processes, etc. . < >

Employer’s Responsibilities • Provide workers with the means to work safely • Provide supervision, tools, equipment maintained in good repair, ensure that personal protective equipment (PPE) is available and used • Help the JHSC carry out its duties, respond to recommendations, provide safety information/reports, consult with JHSC on new, ongoing initiatives **What does this mean for the Staffing Industry? ** < >

Supervisor’s Responsibilities • Inform workers of hazards • Provide training, instruction, ‘supervision’ • Ensure employees follow safety law and regulations, employer’s policies/procedures, use safety equipment properly, work safely • Use company ‘disciplinary’ policy to ensure safety laws and workplace policies are followed Ø Recognition, Feedback Ø Coaching, Corrective action, Discipline if necessary **Who fills the role of “Supervisor” at your firm? ** < >

Workers’ Rights 1. Right to Know • • Applicable safety act/regulations Hazards - instruction, training, written materials, supervision About equipment, machinery, processes How to work safely 2. Right to Participate • • Hazard reporting, making suggestions for improvements Membership on JHSC – meetings, recommendations, inspections, accident investigation, right to be consulted and provide input 3. Right to Refuse unsafe work – “safety net” • Protection from reprisals < >

Workers’ Responsibilities • Follow applicable safety Act/Regulations and policies/procedures set by employer • Use safety equipment for the job as instructed • Report any known hazards and violations • Not remove any protective device, ex. machine guards • Not use or operate any equipment or work in a manner that may endanger themselves or other workers **How does your firm address these items? ** < >

JHSC Responsibilities • Makes recommendations to employer about health and safety improvements • Participates in government safety inspections and investigations • Investigates serious accidents • Investigates complaints dealing with work refusals < >

Contractor Responsibilities Staffing agencies considered “contractors” • Employers/Contractors must provide safe workplace, training, education, and supervision • Employer and Contractor may both be held liable depending on circumstances – Staffing firms and employers now beginning to pre-qualify through agreements and safety information disclosure – Verification of training, protective equipment, knowledge of rights & responsibilities, documentation, etc. • Governments considering greater regulation of staffing industry. Labour standards, health & safety will be impacted < >

Fines & Penalties ex. Ontario Ministry of Labour (MOL) Corporations: Up to a $500, 000 fine + 25% "Victim Surcharge“ per offence Individuals: Up to $25, 000 fine per offence and/or up to 12 months imprisonment + 25% "Victim Surcharge“ per offence MOL Ticketing: Managers, supervisors & workers can now be issued fines by an MOL Inspector for Act violations - $200 to $300 depending on the offence Fines & Penalties vary by jurisdiction < >

Bill C-45 “The Westray Bill” Criminal Code Amendment – Criminal Negligence Higher level of deterrence in addition to provincial & federal safety laws • Organization, its representatives or any persons that display wanton, reckless disregard for safety, failure to take reasonable care Fines & Penalties Designed to reflect seriousness of offence • Summary conviction for organization – up to $100, 000 • For indictable offences – unlimited fines – lengthy prison terms – restitution payments (creative sentencing) – organization/persons can be put on probation < >

What is Due Diligence? Due Diligence is a legal defence • Employer is assumed to be guilty until proven innocent • Due diligence is a well-documented defence where an employer proves they have taken all reasonable steps to prevent injuries by going above and beyond legal compliance • It implies that a complete oh&s program is in place, and is monitored regularly by the employer and IRS • Merely proving that the employer provided a safety program will not withstand legal scrutiny alone • An employer must also prove that they have ‘enforced’ the safety program to “Ensure that”. . work is done safely by all < >

Proving Reasonable Care and Due Diligence Examples of Documentation • • Occupational health & safety policy Client pre-qualification process, records Service level agreements with clients Use of specific contract language respecting safety, for example: – Safety orientation/training, equipment, supervision, specifying work activities – Termination of service conditions if safe workplace not provided or if workers harmed < >

Proving Reasonable Care and Due Diligence Examples of Documentation (…continued) • Client site workplace verification activities • Staffing firm & client workplace safety policies and procedures – – – – – Instructions for safe use of equipment Education/training programs, rules for working safely Injury/illness reporting practices Workplace inspections Accident investigations, corrective actions taken Accident/incident statistical reviews Regular meetings to review safety issues Enforcing regulations and applying discipline if required Emergency response plans < >

Conclusion “Best Practice” approach is advised < >