last week's session revisited

24%

“That ain’t so shabby! Others have done worse!”

KEEPING IT SIMPLE:

Match . . . .- Sentence length- Vocabulary- Supporting docs- Overall structure

. . . To your reader and your intent

Simple words and short sentences

are the most effective most of

the time!

COMMUNICATING EFFECTIVELY IN WRITING

On Writing Skills:C. Tips for Effective Writing:

COMMUNICATING EFFECTIVELY IN WRITINGMeet the ‘Phantom Critic’

He should be the toughest, most critical reader you can imagine. Let him read over your shoulder as you write, challenging you at will.

He should be intolerant of:- Long sentences

- Other long words- Ambiguities- Lack of clarity

He should be Mr. K.I.S.S, and hold you accountable every word of the way.

COMMUNICATING EFFECTIVELY IN WRITINGEffective Writing Tips:

Adopt a ‘PHANTOM CRITIC’

IMPROVING YOUR ELECTRONIC COMMUNICATION

DID YOU KNOW THE COMPANY’S e-MAIL POLICY?

IMPROVING YOUR ELECTRONIC COMMUNICATION

“Keep it to yourself, but my three additional communication self-

development items are . . . .”

MLCP: Supervisory Skills for Business & IndustryMODULE 9: CRITICAL LEGISLATION FOR

SUPERVISORS

On successful completion of this module, participants will:

Be aware of a range of Provincial andFederal legislation that impacts theOrganization;

Will know where to access useful reference material withrespect to key legislation.

LEARNING OUTCOMES:

Have a more complete understanding of key Federal and Provincial legislation that directly Impacts the responsibilities of the supervisor;


SUPERVISORSToday’s supervisor carries the responsibility to ensure compliance with an ever-increasing body of legislation that directly affects the workplace.

The supervisor is identified in many of the acts as liable. As such, if you as a supervisor run into a problem that you don’t feel you’re equipped to resolve, then seek help at once from an appropriate source.

The legislation?Human Resources?Your supervisor?

“Just don’t let the ‘Bogey Man’

getcha!”


SUPERVISORS Hear ye! Hear ye! “Today’s agenda is…”

The Employment Standards Act

The Human Rights Code

The Charter of Rights and FreedomsThe Labour Relations Act

Occupational Health and Safety Act Workplace Hazardous Materials

Information System (WHMIS)Environmental LegislationFreedom of Information and

Protection of Privacy ActPay Equity ActWorkplace Safety and Insurance Act


SUPERVISORS

“An’ folks, I just KNOW you’re gonna wanna stay right on top of all this, so you’ll make the 85% pass if there’s a 200-question exam at the end of the session!”


SUPERVISORS


SUPERVISORSThe Employment Standards Act went into effect in September 2001, replacing an earlier version. People with predating employment may have certain grandfathered rights.

Hours of Work:- Up to 48 hrs/wk

- Overtime applies after 44 hrs, payable at 1.5 x rate (or more)

- Work over 60 hrs/wk must be OKd by the ESA Branch Director


SUPERVISORS- Entitlement is at least 2 wks/yrVacation Entitlement:- May need to earn it first before you can take any

- Vacation pay accrues at min. 4% of payroll

- Time must be taken within 10 mths after year it was earned in.

- If terminated, you are due the unused vacation pay accrued

“Well, that last bit is sure generous!”


SUPERVISORS

- With appropriate notice, a reason for terminating needn’t be given.

Termination: - If an employee with at least 3 months’ consecutive service is to be terminated, must be given either appropriate notice, or corresponding termination pay.

Service Notice < 3 mths

1 week3 < 12 mths2 weeks3 weeks

None

1 < 3 years3 < 4 years4 – 8 max. 1 week/yr.


SUPERVISORS

- The employee’s termination is due to permanent closure of all or part of a business;

Severance: Severance is a separate issue from termination. It covers cases where:

- Laid off for more than 35 wks in a 52-wk period;

- Employee resigns during notice of termination period;

Severance is payable to employees with 5+ yrs’ service where the annual payroll is $ 2.5+ MM, or where 50+ employees are severed in 6 months due to permanent closure.

Up to 26 wks’ pay, based on 1 wk’s pay per year of service, plus fraction of the

incomplete year

- HOW MUCH?


SUPERVISORSBirth mothers can take both pregnancy and parental leave.

Pregnancy & Parental Leave

- Pregnancy leave (17 weeks) is unpaid, but job-protected.

- If pregnancy leave is taken, the birth mother can take up to 35 weeks more as parental leave.

- Birth mothers who don’t take pregnancy leave, and all other new parents, are entitle to up to 37 weeks’ parental leave. - Parental leave must begin within 52 wks of the child’s arrival.


SUPERVISORSPublic Holidays

- 3 months’ continuous service; - have worked min. 12 days in the 4 wks preceding the holiday;

Qualifications to be paid:

If a Stat falls on a regular day off, an alternate day off with pay must be given.

Working a stat. entitles you to regular pay plus a paid alternate day off, or Public Holiday pay plus premium rate if a paid alternate day off is not given.

New Addition: (Now 9)Family Day (3rd Mon. in Feb)


SUPERVISORS


SUPERVISORS

The Human Rights Code, most recently amended in January 2000, recognizes the dignity and worth of every person.It provides for equal rights and opportunities in:

Hiring

Job Assignments

Promotions


SUPERVISORS

The Code states that each person is entitled to equal treatment without discrimination in employment.There are 14 specified grounds on which discrimination is prohibited:

Ancestry Creed

Sex Colour Sexual Orientation

Marital Status Citizenship

Age

Handicap

Ethnic Origin

Family status

Place of Origin

Record ofOffences

Race


SUPERVISORS

The Human Rights Code is administered by the Human Rights Commission, who have many free publications to further explain the Act and outline the Commission’s role:

There are provisions in the code governing application forms; interviewing; qualifications and benefits; treatment by supervisors; threats of reprisal; and more.

Visit the Commission’s website at http://www.chrc-ccpd.ca


SUPERVISORS

- Passed by the Federal Government in 1982- Enshrines 4 fundamental freedoms:

Freedom of Conscience & Religion;

Freedom of Association

Freedom of Peaceful Assembly;

Freedom of Thought, Belief, Opinion and Expression


SUPERVISORS

Requires respect for different religions:

e.g., RCMP allows Sikhs to wear turbans;

e.g., Moslems can attend mosque on Friday afternoons;

e.g., Orthodox Jews can leave early on Fridays to avoid having to travel on their sabbeth;


SUPERVISORS

This right allows employees to refuse to pay dues to a union that is nevertheless required to represent them.

The same amount as from the other employees may still be deducted, but with the “dues” in that case being directed to to a charity of the objector’s choice.


SUPERVISORS

The freedom of peaceful assembly protects the right of groups to meet together in order to exchange ideas and information, to hold a peaceful protest, to strike and to publicly express their views.


SUPERVISORS

This freedom includes the Freedom of the Press and freedom of other media communications.

Any action that contravenes an individual’s fundamental freedom can be challenged. The Government will even fund a legal challenge in certain circumstances.


SUPERVISORS

The freedoms enshrined in the Charter protect the individual from acts of Government and Government-run bodies.

They do not, however, provide protection from the actions of private citizens or private sector employees.

Protection in the private sector is provided through Provincial Human Rights legislation.


SUPERVISORS

The Labour Relations Act governs the relationship between employers, employees and trade unions, and sets out the rights and responsibilities of each.

The intent of the act is to facilitate the collective bargaining process, and promote prompt dispute resolution.


SUPERVISORSA union is an association of employees.

The name of a union is not important, but the source of its funding IS:

A union, employee association, or trade union must be funded entirely by its members, and not by an employer.


SUPERVISORSTo be certified to represent a group of employees, a union must be voted in by a majority of the membership of a work force.

Employers have now recovered the right to counter-campaign during union membership drives. However, beware that in doing this, you may be accused as guilty of committing ‘implied coercion’.

CERTIFICATION:


SUPERVISORSA collective agreement must be ratified by a majority vote.

A collective agreement is a fixed-term employment contract that takes precedence over the ESA, but it must at least match the minimum terms in the Act.

Employers can now have the Ministry step in and order a vote on their last offer prior to strike action being taken.


SUPERVISORSGRRR-ievance Procedures:

If a grievance settlement can’t be reached, the case can be taken to Arbitration. A binding third-party decision can then be made.

A Grievance Procedure is part of every Collective Agreement: It’s a mechanism that can be used by either side to deal with perceived breaches.


SUPERVISORS

Supervisors must make sure that they remain up-to-date with the current legislation.

NOTE that the Labour Relations legislation in Ontario has been modified often in recent years, and is continually under review.

A NOTE OF CAUTION!

DO YOUR HOMEWORK!


SUPERVISORS

DUTIES & RESPONSIBILITIES of EMPLOYERS & SUPERVISORS

(Sections 25, 26, 27)“Take all reasonable

precautions to protect the health and safety

of workers”

“Provide information, instructions and

Supervision”

“Post your written Health and Safety

Policy, and establish a Health and Safety

Program (if 6 or more workers)”

“Post a copy of the Occupational Health and Safety Act, and ensure compliance”

“Provide and maintain required equipment,

materials, and protective devices. Also make sure they are used properly”


SUPERVISORS

WHAT YOU SHOULD KNOW ABOUT BILL C-45


SUPERVISORS

Bill C-45, amending the Criminal Code, came into force in March 2004. It:Defines who is responsible for safety in the workplaceAnd Allows for Criminal Negligence Charges

The Amendment states:“Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task”.

PENALTIES:

Fines of up to $25,000 &/or up to 1 year in jail

For Individuals:

For Corporations:Up to $1/2MM Fine &/or up to life for the top man.

RIGHTS & RESPONSIBILITIES of EMPLOYEES

(Sections 8,9,28,43)

The Right to Know about the hazards in the workplace

The Right to Participate in keeping the workplace healthy and safe;

3 Rights:The Right to Refuse - if you believe the work is dangerous.

3 Responsibilities:

To comply with the law and company rules;To wear all personal protective equipment when and as required;

To notify the supervisor if you see hazards or

health and safety rules being broken.


SUPERVISORS


SUPERVISORSProving Due Diligence:“If a supervisor is charged under the Occupational Health and Safety Act, it shall be considered a defense for the accused to prove that every precaution reasonable in the circumstances was taken”

i.e., prove Due Diligence.

Following are things you can do to build proof of your Due Diligence:


SUPERVISORSYour

‘STAY-OUT-OF-JAIL’ Checklist

STAYING UP-TO-DATE


SUPERVISORS

To access the latest on-line version of the Bill,

visit www.parl.gc.ca(Canada’s

Parliamentary website)

WH ISM


SUPERVISORS

The WHMIS Regulation has 3 basic parts:

1.

3.

2.

Chemical Symbols and Labels

Material Safety Data Sheets (MSDS)

Training


SUPERVISORS

Class B Flammable/ Combustible

Class C Oxidizing Material

Class D-3 Biohazardous

Infectious

Class D-2 Toxic

Effects

Class E Corrosive Material

Class F Dangerously Reactive


SUPERVISORS

Class D-1ImmediatelyPoisonous

Class ACompressed

Gas

MSDS

aterial

ataafety

heetsMaterial Safety Data Sheets (MSDSs):

They tell us how to safely handle hazardous materials, and how to deal with emergencies and clean-ups.


SUPERVISORS

To give everyone easy access, you should be able to find all MSDSs at a ‘Right To Know’ station in the work area.

MSDSs can instead be kept in a computer database. If so, then ALL employees must have the trained computer skills to be able to access the information.


SUPERVISORS

and (should be)

Re d All Over?a

What’s Black

and White

Two Types of WHMIS Training:

One is “Generic” training:That addresses the general things that can be covered properly in a classroom setting.

BUT THAT’S NOT ENOUGH ON ITS OWN!


SUPERVISORS

Two Types of WHMIS Training:

The other type is the SITE- SPECIFIC TRAINING.

That’s the type that deals with the rules and procedures at the particular place of work.

WHMIS TRAINING IS NOT COMPLETE WITHOUT THAT


SUPERVISORS

25-Question

“Well, now! Isn’t this the nastiest little turn

of events?!”


SUPERVISORS

Your responsibility under the law is to ensure compliance with prevailing environmental legislation.

Conforming to Company policy if it is not in keeping with the law, or is incomplete, does not exempt you from liability.

Any contravention of environmental legislation may result in penalties, including significant fines and/or jail terms


SUPERVISORS

If you aren’t sure about a particular process, or the related environmental regulations, consider calling the Ministry of the environment.

The MOE is not the enemy – They’re happy to assist any company that shows the initiative to be proactive.

You are far more likely to have a problem if you avoid calling the Ministry until a problem has developed.

This may be a hotly-debated point, but proactive firms can gain a level of credibility that may even turn into a market advantage.


SUPERVISORS

As a supervisor, you should:

Understand all of the manufacturing processes in your operation;

Ensure that your work team is in compliance with all environmental legislation applicable to your work areas;

Ensure that all of your employees have received adequate training to enable them to fully comply with the regulations.


SUPERVISORS


SUPERVISORS

THEELECTRONIC INFORMATIONPROTECTIONANDELECTRONICDOCUMENTSACT


SUPERVISORS PIPEDA was originally enacted to cover only federally-regulated industries.

In 2004, it was amended to now also cover private sector organizations.

From an individual standpoint, the law serves to protect your personal information.

As a supervisor, you need to know about your responsibilities related to collection, use, and disclosure of the personal information of your employees.


SUPERVISORS

Under PIPEDA, personal information must:

Be collected with consent, and for a reasonable purpose;

Be used and disclosed only for the limited purpose for which it was collected;

Accurate, and stored securely;

Accessible for inspection and correction.


SUPERVISORS

Personal information includes any about an identifiable person, and in the workplace could mean: address; telephone number; I.D. numbers; income information; or health / medical information, etc.

As a supervisor, you will have access to employees’ personal information: You must always be mindful of their privacy rights.

Personal Information:


SUPERVISORS

Replacing the ‘Workers’ Comp’ Act in 1998, this regulation is administered by the WS&IB, part of the Ontario MOL

The WS&IB is funded entirely by the premiums paid by employers.

The intent of the Act is to:

Provide income protection for employees affected by workplace injury or sickness; and

(1)

Control workplace injuries.(2)


SUPERVISORS

Health care treatment

Time away from work

Lost wages

Company has only three days to report injuries if any of the following involved:

Pay a price if late!!


SUPERVISORS

WSIB insurance premiums are assessed based on factors including:

WSIB Premium Assessment:

- Number of employees- Type of business- History of claims

One serious back injury can cost a company up to $300,000

Cost per claim now averages over $20,000


SUPERVISORSBill 162 Bill 162, part of the current legislature, obliges an employer to re-employ an employee who has permanent work restrictions as the result of an occupational injury or disease.

This applies even if, as an employer, you need to make modifications to the workplace, or purchase special equipment to accommodate

Employers are now also required to facilitate ‘Early and Safe Return to Work’ after work- related injuries or sicknesses.

- Reinstatement:


SUPERVISORS

‘equal pay for work of equal value’

In January 2008, Ontario’s Pay Equity Act celebrated its 20th anniversary.

While the Act has helped reduce the gap from 38% in 1985, women in Ontario, on average, still earn 29% less than men.

Pay Equity is:

The Pay Equity Act requires that jobs must be evaluated and work mostly or traditionally done by women be compared to work mostly or traditionally done by men.


SUPERVISORS

Pay Equity Comparison Criteria:

Pay Equity is not the same as “Equal Pay for Equal Work” as defined by the Employment Standard Act. That requires employers to pay men and women equally for doing the same (or substantially the same) job.

Skill – Education; experience; competency. Effort – Both mental and physical.Responsibility – Decisions; money; people. Working Conditions – Dirt; noise; stress;

hours of work; hazards, etc.


SUPERVISORS

The Pay Equity Commission is responsible for implementing and enforcing the Pay Equity Act.

The PEC investigates, mediates, and resolves complaints under the Act.

The PEC also provides programs and services to help employers, employees, and bargaining agents understand and comply with the Pay Equity Act.

www.payequity.gov.on.ca The Pay Equity Commission’s website is at

last week's session revisited

Documents

supervisory skills

provincial legislation

key legislation

industrycritical legislation

writing skills

business industrymodule

supervisor mlcp

insurance act mlcp