Supervision

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Supervisors act on behalf of the employer and have the responsibility of making sure the workers, under their supervision, have a healthy and safe work environment. A supervisor can include any worker, manager, or employer regardless of whether or not they have the title of “Supervisor”.

Employer duties

Employers must make sure that workers are sufficiently supervised to ensure their health and safety. [OHS Act, S. 12 (1) (c)]

An occupational health and safety policy expresses the employer’s commitment to the workplace. The policy must include:

  • the commitment of the employer to cooperate with supervisors and other employees in pursing occupational health and safety; and
  • a statement of the responsibilities supervisors will undertake to fulfill this commitment. [OHS Act, S. 24]

Supervisor’s duties

Supervisors must be familiar with the health and safety hazards in the workplace, [OHS Act, S. 12 (1) (d)] and have the responsibility to ensure the health and safety everyone under their supervision.

Due diligence requires a supervisor to take “all reasonable steps” to protect workers from harm. The term “all reasonable steps” is based on the level of judgment and care that a person would reasonably be expected to do under the circumstances. A supervisor that actively manages health and safety, and takes all reasonable steps to protect workers from harm, is being duly diligent. To ensure due diligence, supervisors must:

  • Take every reasonable precaution to protect the physical and psychological safety of each person at or near the workplace.
  • Promote health and safety awareness and ensure all health and safety information is easily accessible to workers.
  • Ensure that any tools, equipment, devices, or machines are properly maintained and in good working condition, as recommended by the manufacturer or regulations.
  • Provide proper safety orientation and training to all workers. Training should include:
    • identification of the hazards that exist; A review of written procedures to perform the task safely and an overview of safety controls, including any Personal Protective Equipment (PPE) that is required;
    • a demonstration in how to safely perform job tasks; and
    • an opportunity for the worker to demonstrate competence in performing the job task.
  • Document and maintain records of all safety training activity.
  • Supervise and monitor the worker to ensure that safety standards are maintained while performing job tasks.
  • Correct unsafe work habits.
  • Ensure workers are trained in how to safely handle, store, use, and dispose of chemical and biological substances at the workplace.
  • Cooperate with the Joint Occupational Health and Safety Committee and/or Safety Representative as required.
  • Collaborate with workers to create Safe Work Procedures.
  • Cooperate with any person performing a duty or exercising a power granted by the OHS Act or the Regulations.

Supervisor’s role in refusal to work

Workers must report their concerns in a refusal to work immediately to their supervisors (or their employer if they do not have a supervisor). A refusal to work must be based on a reasonable belief that their health and safety or that of another person is in danger if they continue working. [OHS Act, S. 28 (1) and (2)]

The supervisor must investigate the claim promptly in the presence of the worker who made the claim. [OHS Act, S. 28 (2)] After investigating the claim, the supervisor must:

  • take appropriate actions, or recommend actions to the employer if the supervisor agrees there is a danger to worker’s health and safety; or [OHS Act, S. 28 (3)]
  • instruct the worker on how to safely return to work if the supervisor finds there is no danger to the worker’s health and safety. [OHS Act, S. 28 (4)]

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01

Section 12 Duties of employers

12. (1) An employer shall ensure

(a) that every reasonable precaution is taken to protect the occupational health and safety of persons at or near the workplace;

(b) that any item, device, material, equipment or machinery provided for the use of workers at a workplace is properly maintained, and is properly equipped with the safety features or devices, as recommended by the manufacturer or required by the regulations;

(c) that such information, instruction, training, supervision and facilities are provided as are necessary to ensure the occupational health and safety of the workers;

(d) that workers and supervisors are familiar with occupational health or safety hazards at the workplace;

(e) that workers are made familiar with the proper use of all safety features or devices, equipment and clothing required for their protection; and

(f) that the employer's undertaking is conducted so that workers are not exposed to occupational health or safety hazards as a result of the undertaking.

(2) An employer shall

(a) consult and cooperate with the joint occupational health and safety committee or the representative, as applicable;

(b) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations;

(c) provide such additional training of committee members as may be prescribed by the regulations;

(d) comply with this Act and the regulations and ensure that workers at the workplace comply with this Act and the regulations; and

(e) where an occupational health and safety policy or occupational health and safety program is required under this Act, establish the policy or program.

(3) An employer shall establish and implement as a policy, in accordance with the regulations, measures to prevent and investigate occurrences of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 3]

Section 24 Occupational health and safety policy

24. (1) Where five or more workers are regularly employed

(a) by an employer other than a constructor or contractor; or

(b) directly by a constructor or contractor,

the employer, constructor or contractor shall establish, and review at least annually, a written occupational health and safety policy, in consultation with the committee or representative, if any.

(2) For the purposes of subsection (1), a worker is not regularly employed directly by a constructor or contractor if the worker works with the constructor or contractor as an independent contractor.

(3) Where this Act does not require a committee or a representative, an employer shall consult the workers regarding the proposed policy.

(4) An occupational health and safety policy shall express the commitment of the employer to occupational health and safety including

(a) the commitment of the employer to cooperate with the workers in pursuing occupational health and safety; and

(b) a statement of the responsibilities of the employer, supervisors and other workers in fulfilling the commitment.

Section 28 Right to refuse work

28. (1) A worker may refuse to do an act at the worker's workplace where the worker has reasonable grounds for believing that the act is likely to endanger the worker's occupational health or safety or the occupational health and safety of another worker.

(2) A worker who has reason to believe that an act is likely to endanger the worker's occupational health and safety or the occupational health or safety of another worker shall immediately report the concern to the worker's supervisor, who shall promptly investigate the situation in the presence of the worker.

(3) Where a supervisor finds that the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the supervisor shall take appropriate remedial action or recommend appropriate remedial action to the employer.

(4) Where a supervisor finds the worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the supervisor shall advise the worker to do that act.

(5) Where a worker has made a report under subsection (2) and the matter has not been resolved to the worker's satisfaction, the worker shall refer the matter to a committee or representative or, where there is no committee or representative, to an officer.

(6) On receipt of a referral under subsection (5), the committee, representative or officer shall promptly investigate the situation.

(7) Where a committee or representative finds that the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the committee or representative shall recommend appropriate remedial action to the employer.

(8) Where a committee or representative finds that the worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the committee or representative shall advise the worker to do that act.

(9) Where a matter has been referred to a committee or representative under subsection (5), and the matter is not resolved to the satisfaction of the worker, the worker may refer the matter to an officer.

(10) On receipt of a referral under subsection (5) or (9), an officer shall promptly investigate the situation and make the officer's findings known in writing, as soon as is practicable, to the employer, the worker and the committee or representative, if any, as to whether the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker.

(11) Where, on a referral under subsection (5) or (9), an officer finds that a worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the officer shall order remedial action to be taken by the employer.

(12) Where, on a referral under subsection (5) or (9), an officer finds that a worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the officer shall advise the worker to do that act.

(13) Pending an investigation under this section, the worker shall remain available at the workplace during the worker's normal working hours.