Physical Plant. A COR TM Certified Workplace. Due Diligence. Brian Westbrook Instructor

Transcription

1 Due Diligence Brian Westbrook Instructor Workshop # July 2009

2 Due Diligence CAUTION: To complete this workshop, you will need to refer to the Handout available through Reception Fort Garry Campus.

3 Competency Check Contact the Training and Safety Coordinator ( ) to write the Competency Check after completing this online workshop.

4 References # WS&H Act and Regulation (Sections & Parts) #Supervisory Due Diligence EHSO # Workplace Safety & Health Program Committee Manual, The Internal Responsibility System.

5 Objective To offer you the information needed to be competent in your understanding of due diligence. The information provided is general in nature, and highlights some of the important issues related to employer, supervisor and worker responsibilities.

6 Workshop content #Objective # What is due diligence? # Something to think about... #WSH Act & Regulation (Sections & Parts) #Internal Responsibility System

7 Workshop content # Responsibilities #You have not been diligent if #Establishing due diligence #Competency Check

8 What is Due Diligence?

9 What is Due Diligence?...due diligence is a measure of care, activity, or exercising great care and attention, as is properly to be expected from, and ordinarily exercised by, a reasonable and caring person under the particular circumstances. It is not measured by any absolute standard but depends on the relative facts.

10 What is Due Diligence? In other words, due diligence is doing what is reasonably practicable by a reasonable person under a given circumstance.

11 Something to think about... You have been advised that there has been an incident in the area that you have just been working in. One of your coworkers was hurt and sent to hospital in an ambulance. The incident is classified as serious.

12 Something to think about... The Physical Plant Incident and Near Miss Safe Job Procedure states that since it is classified as a Serious Incident, the Workplace Safety and Health Division, Department of Labour will be investigating.

13 Something to think about... You were just in the same area. In all likelihood you will be interviewed. Are you prepared to deal with the authorities when they interview you?

14 Something to think about... Do you know your responsibilities?

15 Something to think about... Will you be confident in your ability to show that you have done your best to be diligent in providing a safe and healthy workplace?

16 WSH Act & Regulation... Objective and Purpose To secure workers from risks to their safety, health and welfare arising out of or in connection with activities in their workplace.

17 WSH Act & Regulation... Objective and Purpose To protect other persons from risks to their safety and health arising out of / in connection with activities in the workplace.

18 Internal Responsibility System Based on the concept that everyone at the workplace; senior management, supervisors, workers, contractors and self employed persons, all share a responsibility for the safety and health of people at the workplace.

19 Internal Responsibility System Since employers have the greatest degree of control over the workplace, they also have the greatest degree of legal responsibility. But this does not relieve supervisors and workers from their duty to co-operate in controlling workplace hazards and to take the necessary precautions to protect themselves and others from hazards.

20 Internal Responsibility System Goal The goal of an internal responsibility system is to get people working together to identify and control hazards. Its ultimate objective is to ensure everyone integrates safety and health into their work.

21 Responsibilities Senior management must ensure, so far as reasonably practicable, the safety, health and welfare at work of all his workers.

22 Responsibilities Senior management must provide and maintain a workplace, necessary equipment, systems and tools that are safe and without risks to health, so far as is reasonably practicable. WS&H Act, Section 4

23 Responsibilities Supervisors must ensure, so far as reasonably practicable, take all precautions necessary to protect the safety and health of a worker under his or her supervision.

24 Responsibilities Supervisors must also ensure that a worker under his or her supervision works in a manner according to the Act and Regulation.

25 Responsibilities Supervisors: This includes using all devices and wears all clothing and personal protective equipment. And advising workers of all known or reasonably foreseeable risks or hazards. WS&H Act, Section 4.1

26 Responsibilities But this does not relieve workers from their duty to cooperate in controlling workplace hazards and take all necessary precautions to protect themselves and others from hazards.

27 Responsibilities Workers must take reasonable care to protect his safety and health and the safety and health of other persons who may be affected by his acts or omissions at work.

28 Responsibilities Workers at all times when the nature of his work requires, use all devices and wear all articles of clothing and personal protective equipment designated and provided for his protection. WS&H Act, Section 5

29 Responsibilities Workers: The Act recognizes that only workers who are adequately informed and empowered can effectively fulfill their responsibilities.

30 You have not been diligent if P You should have known about a hazard P You knew about a hazard, but did nothing to correct it, or to refer it to someone who could correct it P You knew about a hazard, but did not advise others

31 You have not been diligent if P There is a rule in place, but you did not follow or enforce it P You did not inspect your personal protective equipment and clothing prior to use P You did not use personal protective clothing or equipment

32 You have not been diligent if P You did not follow a Safe Work Practice or Safe Job Procedure P You did not cooperate with others in the workplace to make it a safe work place P You did not comply with the WSH Act & Regulation...

33 Establishing Due Diligence You must be able to demonstrate due diligence in an objective manner by giving actual proof of real attempts to comply with the legislation.

34 Establishing Due Diligence PComply with the WSH Act & Regulation (Sections and Part) P Do pre-job hazard assessments and controls PUndertake inspections PBe involved in training (Right to know)

35 Establishing Due Diligence P Actively participate in your safety program; i.e., COR TM Champion, PPLASH, toolbox, tailgate meetings P Wear personal protective equipment and clothing when necessary

36 Establishing Due Diligence PUnderstand and follow Safe Work Practices Safe Job Procedures Safety Rules

37 Establishing Due Diligence Actual proof will in all likelihood mean showing documentation. Documentation is key to due diligence.

38 Remember... To be diligent You must regularly inspect for hazards of the workplace (including offices and shops) to identify existing or potential hazards before work begins. Write them down and report it immediately. WS&H Regulation, Part 2.4(1)(b)

39 Due Diligence Contact the Training and Safety Coordinator ( ) to write the Competency Check after completing this online workshop.

40 Competency Check