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Workplace Safety Roles & Responsibilities

Arun KauraOSSA Consultant

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Who We Are

The Ontario Service Safety Alliance (OSSA) is a not-for-profit occupational health & safety consulting company.

Our Vision:Our Vision: Lead and inspire change: Workplace injury and illness are unacceptable.

Our Mission:Our Mission: Enable Ontario service sector workplaces to be the healthiest and safest in the world.

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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

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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

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• 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

Health & Safety Law in Canada

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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..”

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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

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• 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

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• 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?**

Employer’s Responsibilities

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• 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

Recognition, FeedbackCoaching, Corrective action, Discipline if necessary

**Who fills the role of “Supervisor” at your firm?**

Supervisor’s Responsibilities

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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’ Rights

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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?**

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• 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

JHSC Responsibilities

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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

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Fines & Penaltiesex. 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

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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

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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

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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

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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

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Conclusion

“Best Practice”

approach is advised