Corporate Safety Manual. Chapter 18 Employee s Notice of Safety Non-Compliance

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1 Corporate Safety Manual Chapter 18 Employee s Notice of Safety Non-Compliance Last updated: April 2015

2 Employee s Notice of Safety Non-Compliance Chapter 18: Employee s Notice of Safety Non-Compliance Index Page Introduction Employee s Notice to Safety Non-Compliance Reporting Form Employee s Notice to Safety Non-Compliance Form Guidelines Workplace Health and Safety Branch 18-1

3 City of Regina Safety Manual 18-2 Workplace Health and Safety Branch

4 Employee s Notice of Safety Non-Compliance Introduction The purpose of this form is to: Reduce the risk of injury to a City of Regina employee or their co-workers through the appropriate intervention on the observance of an unsafe act or an unsafe condition. The immediate action will consist of identifying the issue of safety non-compliance and then to determine corrective measures to make the workplace safe. Record an Employee s action of safety non-compliance to the Provincial Occupational Health and Safety Act or Regulations, the City of Regina safety manual or specific work procedure. Document the action or condition of safety non-compliance for proof of due diligence for the purpose of a safety audit. The form can be used by supervisory personnel of the City of Regina who observes an unsafe act or condition of safety non-compliance in the workplace. In most instances this form would be used by City employees assigned to the duties of a supervisor. A supervisor is any person who by position title, job description or through delegation is in charge of a work site and whose duties include the supervision of work. Examples are, but not limited to a senior employee in charge of a work site, lead hand, foreman, supervisor, superintendent, manager, director or deputy city manager. A worker can be anyone performing an assigned task, maintenance or construction. Where a site inspection is being performed by management or members of the OH&S Committee they may use this form to document an unsafe act or condition of safety non-compliance. This form is to be completed at the time and at the location where the unsafe act or condition has been observed. There may be a situation where the unsafe act or condition of safety non-compliance is observed while a vehicle or piece of equipment is mobile and the observer cannot approach the operator. Do not chase the vehicle. Record the licence plate or unit number, location, time and nature of the unsafe act or condition and immediately bring the observation to the attention of the manager who has this piece of equipment assigned to their Branch. If you do not know who the manager is, you can contact the clerks at the equipment coordination trailer in the Parks Yard and they will be able to provide you with this information. Workplace Health and Safety Branch 18-3

5 City of Regina Safety Manual Once the unsafe act or condition has been documented it will be the responsibility of the manager or their designate to begin a discussion with the offending employee(s) to define what took place on the worksite and the corrective measures needed to make the workplace safe. When reviewing an unsafe act or condition, the manager or their designate must be confident that the offending employee has been made aware of their workplace safety responsibilities through orientation, training or work processes that govern their workplace. If the unsafe act or condition is a result of a lack of training or orientation, corrective measures have to be taken immediately to provide the necessary training for the worker. Subsequently, the documentation of safety non-compliance may upon review not be placed on the worker s employment file. If this is the case, then it may be necessary to document the failure to provide the necessary training to a worker by a supervisor or manger. Copies of the completed Employee s Notice to Safety Non-Compliance form are to be forwarded to: White Copy - The non-compliant employee for their own record Canary Copy - Human Resources Department, 11 th Floor City Hall, for employee s personal file Pink Copy - Branch Manager for due-diligence When required, the completed form(s) will be reviewed on an individual employee basis by the Branch Manager in consultation with the Labour Relations Branch of the Human Resources Department to determine if disciplinary actions need to be applied for due-diligence Workplace Health and Safety Branch

6 Employee s Notice of Safety Non-Compliance Employee s Notice to Safety Non-Compliance Reporting Form Employee s Notice to Safety Non-Compliance Form Guidelines The name of the employee is to be printed in this blank. If there is more than one employee use a separate form for each employee is to be used. If the act of safety non-compliance is a result of improper direction from a supervisor use a separate form for each employee or supervisor. If a failure to provide adequate supervision is proven, then a separate notice will then be issued to the supervisor of the work area. Workplace Health and Safety Branch 18-5

7 City of Regina Safety Manual Ensure the date of the safety non-compliance observation is recorded accurately. The time should be as close as possible to the time of observing the act of safety non-compliance. Accurately provide the location where the safety non-compliance was performed. Accurately describe the unsafe act or condition of safety non-compliance. Ensure that your observation can be referenced to a document that regulates the work place. An example would be a Provincial OH&S Act or Regulation, City of Regina, Safety Manual or a specific work process. The person filling out the form is to discuss the act of safety non-compliance with the offending worker. The purpose of the discussion is to discover why the noncompliant action took place. Then define what corrective measures need to take place to restore the level of safety on the worksite to an acceptable level. Training could be recommended as a corrective measure. If this is the remedial option, arrangements should be made through the appropriate training provider. Documentation of the delivery and successful or not successful completion of the training must be provided to the Branch Manager for proof of due-diligence. Proof of training should also be placed in the employee s personal file located in the Human Resources Department. A non-compliant act or condition that poses an immediate danger to the health or safety of the worker or their co-workers would warrant a work stoppage. The event must be documented, and the corrective measures should include an immediate call to the Branch s Manager, the OH&S Committee Co-chairs and Workplace Health and Safety Representative assigned to the branch to investigate the occurrence Workplace Health and Safety Branch

8 Employee s Notice of Safety Non-Compliance The observer who is documenting the act of safety non-compliance signs the form in this area. The employee that has performed or allowed the safety non-compliant condition to develop and has discussed the corrective measure taken shall sign the form in this area. If for some reason the employee will not sign the form, contact the manager of the work area immediately and provide information on what has occurred. Enter the date of when the form was signed. Workplace Health and Safety Branch 18-7