this presentation will explain your rights and responsibilities on the job and will tell you what...

This presentation will explain your rights and responsibilities on the job and will tell you what Ontario’s Occupational Health & Safety Act (OHSA) expects from your employer, your supervisor and you. These are things you need to know and understand so that you can be safe at work today and everyday.

Everyone in the workplace, from the employer to the newest worker, has different but important duties to keep the workplace safe. Because employers have the most authority in the workplace, they have the greatest responsibility but it’s important for your own safety that you understand everyone’s health and safety duties, including yours.

| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |

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Preventing injuries and illness starts here, with the things that you learn in this presentation but it doesn’t end here. One of the employer’s duties under the OHSA is to give you specific information and instructions about how to stay safe on your job.

What you learn from this information will help you start to understand those instructions. We hope you will use what you learn here every day of your working life.Under Ontario law, all workers and supervisors must take health and safety awareness

training.

Individual departments/ supervisors/ managers are still responsible for providing workplace-specific training and procedures.

OCCUPATIONAL HEALTH & SAFETY LAW


In Canada, Occupational Health and Safety laws have been put in place either federally or provincially, to protect the health and safety of all workers.

Basically, the occupational health and safety

responsibilities of these governments are to:

•Enforce applicable legislation•Conduct workplace inspections and investigations•Distribute information on legislation•Resolve health and safety disputes, and•Promote training, education and research


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Want to challenge the test?

Think you are familiar enough with the information provided in the 5 modules?

Then challenge the test!

http://www.ryerson.ca/irm/training/ehs_orientation.html





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Each province and territory in Canada has health and safety legislation, which include both “Acts” and “regulations”.

Occupational Health and Safety “Acts” are known as minimal requirements outlined by a province or territory to employ workplace health and safety practices. In addition to each Act are “regulations” that complement and provide further laws specific to high-risk sectors. Because each province and territory has its own legislation, occupational health and safety responsibilities will vary slightly from province to province.

What Ontario legislation applies to workplace health & safety?

The Occupational Health and Safety Act (OHSA) is Ontario's cornerstone legislation for workplace health and safety. Other contributing legislation includes the Workplace Safety and Insurance Act (WSIA), Part II of which deals with the prevention of occupational injury and disease and the Human Rights Code, which often has to be considered in dealing with OHS issues. Both OHSA and WSIA are available along with all of Ontario's other Acts and regulations at the e-Laws website.


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http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o01_e.htm

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_97w16_e.htm

http://www.e-laws.gov.on.ca/navigation?file=home


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In general, what does the OHSA require?

The main purpose of the Act is to provide a legal framework and establish minimum standards for the health and safety of workers on the job. It sets out duties for all workplace parties and rights for workers. Along with its accompanying regulations, establishes processes 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).


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Who is covered by the OHSA?

OHSA applies to almost every worker, supervisor, employer and workplace in Ontario, including workplace owners, constructors and suppliers of equipment or materials to workplaces covered by the Act. OHSA does not apply to:Work done by the owner or occupant, or a servant, in a private residence or on the connected land[Section 3(1)];Workplaces under federal jurisdiction, although federal authorities accept that outside contractors and their employees, while in federal workplaces, are under provincial jurisdiction.

What are “Federal” workplaces and how are they regulated?

Workplaces under federal jurisdiction are regulated by the Canada Labour Code, which is administered by Human Resources and Skills Development Canada.

The OHSA does not apply to:

•post offices•airlines and airports•banks•some grain elevators•telecommunication companies, and•interprovincial trucking, shipping, railway and bus companies.


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What regulations have been made under the OHSA?

Regulations made under OHSA may be sector, work or hazard specific. Sector-specific regulations apply to a particular sector.

There are sector-specific regulations for:

Industrial Establishments Construction Projects Mines and Mining Plants Health Care and Residential Facilities


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Certain types of hazardous work are covered by their own regulations:

Diving OperationsWindow Cleaning Offshore Oil and Gas ProductionConfined Spaces

What regulations have been made under the OSHA

Health hazards are either covered by the sector regulations or separate hazard-specific regulations, including:

Designated Substances RegulationDesignated Substance - Asbestos on Construction Projects and in Buildings and Repair OperationsRegulation respecting the Control of Exposure to Biological or Chemical AgentsRegulation respecting X-Ray SafetyNeedle Safety


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There is also a fourth set of regulations that do not fall into these categories Some clarify requirements in OHSA, such as defining "critical injury", or specifying that the employer must pay for JHSC member certification training. Others extend the application of OHSA; examples are the regulations for farming operations, or for teachers and for university academics and teaching assistants. The most far-reaching of these regulations is the Workplace Hazardous Materials Information System (WHMIS) regulation.


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A hard copy of the most recent Pocket Ontario

OH&S Act & Regulations is keptat Security -- 111 Bond Street

available 24/7/365

Each Union Office and Faculty Deans Office is provided with a hard copy.

How are OSHA and its regulations enforced?

The Ministry's goal is for all workplaces to achieve self-compliance with OSHA and regulations through a well-functioning Internal Responsibility System (IRS). Where this does not happen, progressive enforcement results. Enforcement begins with the issuing of orders and may proceed to prosecution. Inspectors are the enforcement arm of the Ministry of Labour; their role includes the following:

inspection of workplacesissuing of orders where there is a contravention of OHSA or its regulations (“orders”)issuing Summary Conviction Notices (“Tickets”) for a range of offences on-site

tickets can also be issued to workers for unsafe acts as well as for supervisors and employers

investigation of accidents and work refusalsresolution of disputesrecommendation of prosecution.


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Ministry of Labour (MOL) Inspectors have broad powers to,

among other things, inspect any workplace, investigate any

potentially hazardous situation and work refusal, order

compliance with the Act and its regulations and initiate

prosecutions.

Inspectors have the power to:

Enter a workplace without notice or warrantRequest for JHSC worker member be presentQuestion any employee privately or in a groupMake recommendations to meet complianceTake photographsRequire hygiene or engineering testingReview and make copies of workplace documents including training documentsRequire a workplace to be undisturbed for the purposes of an investigation, inspection or testSeize anything that is given to, or in plain view of the inspector, that is thought to be in contravention of the legislation


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If a MOL Inspector arrives at your work site,contact IRM (7086) who will liaise with

the MOL on the University’s behalf.

After hours contact Security at 416-979-5040


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POSTING OF ORDERS AND FIELD VISIT REPORTS

The employer must post a copy of any MOLorder or field visit report – the orders or field reports

are posted on the main university boardat the entrance of 350 Victoria Street

What are the penalties for not complying with the OHSA and its regulations?

The maximum penalties for a contravention of OHSA or its regulations are set out in OHSA Section 66.

A successful prosecution could, for each conviction, result in:

A fine of up to $25,000 for an individual person and/or up to 12 months imprisonment;A fine of up to $500,000 for a corporation.

Criminal charges can be laid against corporation, defined organizations and individuals (supervisors, managers, directors, members of the board, executives, etc.)


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Ministry of Labour Inspectors can issue “tickets” for an observed contravention of a Regulation under the OHSA (similar to a speeding ticket)

•Tickets can be issued at 3 levels within an organization: to the worker, the supervisor and to the employer;•Penalties vary between $200 and $300;•Of primary focus for ticketing are high risk activities, such as failure to guard machines, lack of guarding around work surfaces or openings, lack of protective devices for electrical work or when working at heights, lack of personal protective equipment and unsafe work with lifting devices.


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It is the responsibility of every manager and supervisor to be well informed of the Occupational Health and Safety laws that are applicable to the workplace over which they have authority.

These general provisions give employers the ‘independence’ to carry out measures and control procedures that are appropriate for their individual workplaces.

The challenge for employers and supervisors however, is to fully understand health and safety legislation and to know when they have fulfilled all appropriate regulatory requirements

SIGNIFICANCE

It is important for all owners, employers, supervisors and constructors to be aware of the regulations that apply specifically to the work being

done and that they have an obligation to know and comply with these regulations.

WORKERS | SUPERVISORS | EMPLOYERS



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DUTIES

•Follow the law and the workplace health and safety policies and procedures•Always wear or use protective equipment required by the employer•Work and act in a way that does not endanger themselves or another worker•Report any hazard, workplace injuries or incidents to their supervisor (including threats and attempts of workplace violence)

A supervisor is also considered a worker under OHSA and has the same rights and duties as a worker.

RIGHT TO KNOW

•Workers have the right to know about hazards in their workplace. This includes being informed about hazards by the University and their supervisors, and the right to ask questions without fear of reprisals about hazards in their job. •Examples of questions include: –What are the hazards of this job? – Is there any special training required? – Do I have the right protective equipment? – If I have questions about safety, who do I ask?

•You should know where your nearest first aid station is located and how to contact trained first aiders


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RIGHT TO PARTICPATE

Workers can participate in workplace health and safety by reporting hazards they see to their supervisor, asking questions about hazards and how to work safely, and being safety role models for others.

Workers can also participate as Health and Safety Representatives and as members of a Joint Health and Safety Committee (JHSC)

RIGHT TO REFUSE UNSAFE WORK

A worker has the right to refuse unsafe work if he or she has reason to believe the work is dangerous, meaning the work he/she is doing, the area in which he/she is working, or a machine/ equipment/tool he/she is using may endanger him/her or another worker.


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Process at Ryerson

A worker may exercise the right to refuse work if they believe a hazardous situation exists, including where the worker has reason to believe that workplace violence is likely to endanger himself or herself. The worker’s supervisor must promptly investigate the work refusal in the presence of the worker and one of the following persons:

a Ryerson JHSC worker representative, or a worker who is selected by a trade union that represents the worker.

If the worker continues to refuse work after the investigation, the Director, IRM must be notified. If the situation cannot be resolved by the Director, IRM, the matter will be referred to the Ministry of Labour.


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Prior to the investigation by the Director, IRM or the Ministry of Labour, no worker is allowed to use or operate any equipment, machine, or device, or work in the area to be investigated unless, in the presence of a worker representative, a health and safety representative, or a worker who is selected by a trade union, the worker has been advised of the work refusal and the reasons for the work refusal.

A Ministry of Labour inspector will investigate the refusal to work in consultation with: the employer or a person representing the employer, the worker, a Ryerson Health and Safety Committee worker representative, or a worker who is selected by a trade union that represents the worker.

After completing the investigation, the Ministry of labour inspector will provide all involved persons with a copy of the decision in writing


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If you have any concerns regarding health and safety in

the workplace, you should report it first to your

supervisor who will try to resolve the matter.

The Departmental Safety Officer (DSO), the JHSC Member and IRM may also becontacted for assistance.

HAVE A CONCERN?

The University will investigate cases of workplace violence as

outlined in the University’s Workplace Violence Prevention

and Response Program.

It’s against the law for your employer or your supervisor to fire or

punish you for doing what the OHSA expects you to do, or because

you asked them to do what the OHSA expects them to do.

It’s even against the law for your employer or supervisor to threaten to fire or punish you for these things.

The OHSA is very clear on this. If you feel that your employer is taking action against you for raising a health and safety concern, you can discuss it with a union official if you are a member of a union, or bring a complaint to the Ontario Labour Relations Board. If you’re not sure what to do, you can call the Ministry’s toll-free number for information.

The Office of the Worker Adviser also provides free advice and representation to non-unionized workers who are in this situation. You can call their toll-free number for help: 1-855-659-7744.


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NO REPRISALSfor following the law!


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Ministry of Labour inspectors can’t be in all workplaces at all

times. But the Ministry wants to hear if there’s a problem on

the job that isn’t fixed.

So it has a toll-free number that you can call.

Calling that number connects you to the Health and Safety

Contact Centre that takes calls 24 hours a day, seven days a

week.

If you don’t want to give your name when you call the Health

and Safety Contact Centre, you don’t have to. Here is the

number: 1-877-202-0008

• Inform and educate workers about hazards in their workplace and how to work safely

• Appoint competent supervisors who know the work, know the hazards present and know the applicable laws and regulations

• Create written health and safety polices (reviewed annually), develop programs and procedures to implement this policy, post the policy in the workplace and make sure they are being followed

• Ensure workers follow the law and the procedures and policies at your workplace

• Take steps to eliminate hazards in the workplace and where elimination is not possible, to control them

• Provide personal protective equipment (PPE) and ensure its proper use and maintenance

• Take every precaution reasonable to ensure the safety of workers AND THE PUBLIC (known as the “general duty” clause)| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |

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Some basic duties of the supervisor are:

•Inform and educate workers about hazards in their workplace and how to work safely •Ensure workers follow the law and any workplace procedures and policies •Make sure workers wear and use the right personal protective equipment •Take every precaution reasonable to ensure the safety of workers and the public


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Every supervisor is also a worker with the same

rights and responsibilities as any other worker.

Supervisors are responsible for listening to and

addressing health and safety issues as they arise.

A supervisor can contact his/her manager or

EHS to discuss any health and safety issues.

• Know the OHSA and how relevant Regulations apply to your workplace

• Know the hazards

• Inform workers of potential and actual hazards and how to work safely (especially new, young workers and persons coming back from an extended period of time off)

• Ensure work is performed safely: plan, monitor, remind and enforce

• Ensure tools and equipment are properly maintained and guarded (where applicable)

• Continually monitor for and anticipate new hazards

• Be a health and safety role model


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• Listen to health and safety concerns from your workers, colleagues, students, public

• Maintain Documentation

–Written safe work procedures

– Safety training: content, attendance

– Resolution of safety concerns

• Discussing with/referring health and safety issues to line management based on the situation

• Asking for assistance if needed

Any employee in a supervisory position AND/OR

Any employee that has some supervisory functions AND/OR

Any employee in charge of a classroom, lab, shop or studio


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POSITIONS THAT MEET “SUPERVISOR” CRITERIA AT RYERSON

ExecutiveDeansDirectors (Academic and Administrative)Chairs ManagersCoordinatorsFaculty (Full time, Part time, Casual)Instructors (Full time, Part time, Casual) Technical Officers TechniciansLead HandsTeaching Assistants/Graduate Assistants

SIGNIFICANCE

In the event of a serious accident, the courts look at the

job functions of your position – You can still be part of an

union and still be considered a “supervisor” under the law.


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Telling people to work in a safe and healthy way isn’t all there is to being a supervisor. Sometimes people want to take shortcuts because they think it will help them get the job done faster. Sometimes they’re tired, or they're having a bad day. There will be days when you’re tired or having a bad day, too. But you need to be a role model for safety at all times.

As a supervisor you need to follow the workplace safety procedures, wear your personal protective equipment and stay safe. If you don’t do those things, others will think it’s okay to not follow the workplace safety procedures. People are watching you and learning from what you do. How you supervise the work, the way you think about the work and talk about it, can affect the safety of the people you supervise.

You want to help the workers choose the safe path every time. You can help them by being easy to talk to and answering their questions. But the best thing you can do is to “practice what you preach.”

That means always complying with the OHSA and following the healthy and safe work practices in your workplace. It means explaining how to work safely and correcting unsafe work situations whenever you see them.


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Know the Hazards in YOUR Workplace

One of your jobs as a supervisor is to help plan and organize the work. This is a big job. To do it well, you need to understand the work and the hazards associated with it. You also need to know how to eliminate or control those hazards and to make sure the health and safety program implemented in your workplace is effective in doing so.

At the root of every work-related death, injury or sickness is a hazard of some kind. Hazards can take many forms. Sometimes more than one hazard can combine to make an even bigger hazard.


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Here are some of the most common hazards in Ontario workplaces:

•Repeating the same movements over and over, especially if you are in an awkward position or you use a lot of force. Think of someone who bends down all day, or someone who lifts heavy things over and over again.•Slipping, tripping or falling. Think of something as simple as spilled coffee on the floor, a cluttered work area or a raised platform with no guardrails.•Motorized vehicles. Think of being hit by a dump truck that is backing up on a construction site, or someone getting hit by a forklift truck in a warehouse or on a loading dock.•Using or working near machinery. Many workers have been killed or seriously injured by the equipment they were operating.•Workplace violence. It can happen to workers in many situations, such as a retail employee working alone at night, or a health care worker in a hospital or in the community.

Dealing with Hazards

•RACE is a commonly used process for dealing with hazards.

•RACE stands for Recognize, Assess, Control and Evaluate.

•These steps, when done in order, help the workplace identify and control hazards.

•Supervisors are encouraged to communicate with workers, the employer, and the joint health and safety committee throughout this type of process.


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RECOGNIZE where there are potential hazards in the workplace.

Here's how you do that:

•Watch the work as it’s being done.

•Talk to workers about the work and the areas where work happens.

•Participate in workplace inspections.

•Look at reports and records that your workplace has about the work.

•Listen to the concerns workers have about the work they’re doing.


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ASSESS the hazard. You need to understand how likely it is that a worker will get hurt or made sick by the hazard.

To assess the hazard, you ask these questions:

•How does the hazard compare to legislation, standards and guidelines?

•How can the worker get hurt or sick?

•How likely is the hazard to affect worker health and safety?

•How badly could the worker get hurt or sick

CONTROL the hazards by looking for ways to get rid of the hazard or to make the job safer:

•The safest thing to do is to remove the hazard.

•If removing the hazard is not possible, look for ways to prevent workers from coming in contact with the hazard, such as separating the hazard from the worker.

•If neither of the above solutions protects the worker, workers can use protective equipment, devices and other materials to help keep them safe. It’s your obligation as a supervisor to make sure workers use this equipment where required by the OHSA and Regulations or by the employer.


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EVALUATE the hazards by looking for ways to get rid of the hazard or to make the job safer:

•Talk about the work to the workers who report to you.

•Watch them do their work.

•Listen to what they say and look for ways to improve health and safety.

The RACE process is one good way to get a close look at the work and the hazards associated with it. You are always keeping your eyes and ears open for hazards; you pay attention to the way people are doing their work; and you listen to their concerns.

If you find a hazard, you know that you need to do something about it. You use your experience and the information and training you got from your employer to help you make decisions on what to do. If you don’t know how to deal with the hazard, talk to your employer. You can also involve the health and safety representative or JHSC if there is one. And you can refer to external sources such as legislation, standards, codes or expert consultants to help you solve the problem. If necessary, you can stop the work until you know it's safe.

HANDLING PROBLEMS AS THEY ARISE

The RACE process is a way to help you deal with hazards, but it isn't

everything. You also need to monitor the work. This means that you need to

take steps to make sure the workers understood the information you gave

them and are following the workplace safety procedures AND are using or

wearing their protective equipment. If you see a worker (Or student, volunteer,

visitor, etc) exposed to a hazard, it’s your job to talk to them about it. You have

to make sure the OHSA, any applicable regulations and the workplace safety

procedures are being followed, and you have to enforce those procedures.


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If someone comes to you with a health and safety concern or to report a close call,

you need to listen to them, because these are warning signs of potentially serious

problems ahead. You also need to inform your employer of these concerns. If you

can solve a problem on your own or with the worker, you should do that. If you

need help, you should ask your employer.

JOINT HEALTH & SAFETY COMMITTEE


• Required by the OHSA in workplaces with 20 of more workers• A JHSC is an advisory group of workers and management

representatives• At least 50% of the members must be workers chosen by other workers

at the workplace or by a union• JHSCs meet regularly (at least 4 times per year), perform workplace

inspections, identify hazards, make recommendations to improve workplace health and safety, and investigate critical injuries and work refusals

• A hard copy of the members is posted at the entrance to 350 Victoria Street (LIB Building)

Ryerson JHSC members, minutes and information| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |

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http://www.ryerson.ca/content/ryerson/irm/rights_responsibilities/jhsc/index.html

What is a "certified" member of a joint health and safety committee?

A "certified" member of a joint health and safety committee is a member who has received special training in occupational health and safety and has been certified by the Workplace Safety and Insurance Board (WSIB). He or she plays an important role on the health and safety committee and in the workplace, with specific authority and responsibilities.


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WHAT RIGHTS AND DUTIES DO CERTIFIED MEMBERS HAVE?

Because certified members have special training in workplace health and safety, they have special responsibilities in the workplace. Where possible, the certified member who represents workers should conduct the monthly workplace inspections [section 9(24)]. He or she should also be present, if possible, at the investigation of a work refusal.

A certified member who receives a complaint that dangerous circumstances exist is entitled to investigate the complaint [section 48(1)].

Certified members also have the right, under certain circumstances, to order the employer to stop work that is dangerous to a worker. In most cases, it takes two certified members representing both management and the workers to direct an employer to stop dangerous work. In some special cases, a single certified member may have this right.

APPLICABLE LEGISLATION


These are just a few of the pieces of legislation that applies in an University setting (well over 100 pieces of legislation applies in an University setting). There are also international and national standards and guidelines that can be used when there is no specific legislation for the activity being proposed or when there is a lack of guidance on HOW to do the work safely. | RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |

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Ignorance of the LAW is not a valid argument if something SERIOUS happens to you or someone you supervise– if you are unsure – ASK. Better to take the time BEFORE something happens than have to explain why you didn’t take the time AFTER.

ONTARIO’S H&S SYSTEM PARTNERS


Ontario Ministry of LabourDevelops, communicates and enforces occupational health and safety requirements and employment standards. Develops, coordinates and implements strategies to prevent workplace injuries and illnesses and can set standards for health and safety training.1-877-202-0008

Workers Health & Safety CentreAn occupational health and safety training centre for workers, representatives and employers.1-888-869-7950

Occupational Health Clinics for Ontario WorkersSix medical clinics located across Ontario that provide occupational health services and information.1-877-817-0336


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Health & Safety OntarioFour health and safety associations that provide sector specific consulting, training, products and services.www.healthandsafetyontario.ca •Infrastructure Health and Safety Association – serves electrical, construction and transportation sectors. 1-800-263-5024•Public Services Health and Safety Association – serves health, education and municipal sectors. 1-877-250-7444•Workplace Safety North – serves mining, pulp and paper and forestry sectors. 1-888-730-7821•Workplace Safety and Prevention Services – serves industrial, farming and service sectors. 1-877-494-9777

Workplace Safety and Insurance Board•Administers Ontario’s no-fault workplace insurance for employers and their workers. 1-800-387-0750 www.wsib.on.ca

Institute for Work & Health (IWH)•IWH is an independent, not-for-profit research organization that aims to protect and improve the health of working people by providing useful, relevant research to workers, employers, occupational health and safety professionals, disability management professionals, clinicians, policy-makers and more.

Phone: 416-927-2027

Centre of Research Expertise for the Prevention of Musculoskeletal Disorders (CRE-MSD)•CRE-MSD conducts research to improve the understanding and prevention of work-related musculoskeletal disorders (MSDs).MSDs are painful or disabling injuries to the muscles, tendons or nerves in the lower back, shoulders, neck, elbows, wrists or hands.

Phone: 519-888-4567 ext. 35513 Email: [email protected]


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All of the organizations listed are part of Ontario’s health and safety system.

Another place you can go for information is the Canadian Centre for Occupational Health and Safety. They have information fact sheets on their website. If you are having trouble finding information, you can ask questions by telephone at 1-800-668-4284, or through their website at www.ccohs.ca.

The help you can get from these external sources is not just for you – it’s for sharing with others in your workplace. That’s what the OHSA expects you to do. You have to do more than just know things, you have to put what you know into action. Prevention starts here, but it doesn't end here.

this presentation will explain your rights and responsibilities on the job and will tell you what...

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