fsp

Slide 1: 

HR MANAGER’S GUIDE TO HEALTH AND SAFETY Jim Turner, CHRP INTRODUCTION & OVERVIEW

ROADMAP : 

ROADMAP Overview of the course Evaluation Objectives Good HR management Boundaries on management rights Working with employees and Unions Introduction to OHSA

OBJECTIVES : 

OBJECTIVES Improve workplace health and safety conditions Protect workers from injury Protect supervisors from liability Improve efficiency Improve overall productivity Be a model employer – fight for right

EVALUATION : 

EVALUATION Pass mark: 70% Evaluations: 2 exams Mid term worth 15 marks Final worth 35 marks 3 assignments 1 individual project worth 10 marks 2 group projects worth 20 marks each

EVALUATIONS CONT’D : 

EVALUATIONS CONT’D Mid-term and final exams Multiple choice, short answer questions based on material covered to date Assignments #1: two-page summary of the OHSA #2: group assignment to be handed out #3: group assignment to be handed out

WHO ARE YOU? : 

WHO ARE YOU? What is your job? How many years in management or HR? How many years in HRPAO? Why did you take this course? What is your career aspiration? What is the most fun that you can tell a group of strangers about your job?

ROADMAP REVISITED : 

ROADMAP REVISITED Overview of the course Good HR management Boundaries on management rights Working with employees and unions Introduction to OHSA

GOOD HR MANAGEMENT : 

GOOD HR MANAGEMENT Employees will work effectively and efficiently Enhanced productivity Expeditious dispute resolution Effective and productive communications Informed and knowledgeable management Good morale Collective Agreement will be consistently and fairly applied People will work together on a common, shared vision

ELEMENTS OF HR MANAGEMENT : 

ELEMENTS OF HR MANAGEMENT Collective Agreement administration Application of policies, rules and practices Discipline and performance appraisals Training Promotions/Demotions Compensation Day-to-day work relationships Communication with employees, peers and managers Management of work to achieve corporate goals

L E A D E R : 

L E A D E R Lead Excellence should be your goal Action should be your bias Document: cover your assets Evidence: preserve the present Responsibility: pass the buck, with value added

KEY PRINCIPLES : 

KEY PRINCIPLES Be consistent Conduct performance reviews Implement corrective action plan Document disciplinary actions

BE PROACTIVE : 

BE PROACTIVE Communicate with your employees Respond to employee complaints Act promptly to deal with complaints, but avoid making snap judgments Inform employees with respect to what you are doing about their concerns and complaints

POOR HR MANAGEMENT : 

POOR HR MANAGEMENT Time spent on “fixing” employee relations issues at expense of other programs Reactive and crisis-oriented relationships Over reliance on third-party participation to resolve disputes – often to nobody’s satisfaction

ROADMAP REVISITED : 

ROADMAP REVISITED Overview of the course Good HR management Boundaries on management rights Common law Statute Collective Agreements Internal policies & procedures Working with employees and unions Introduction to OHSA

BOUNDARIES : 

BOUNDARIES

FIRST BOUNDARY: THE COMMON LAW : 

FIRST BOUNDARY: THE COMMON LAW Everyone is employed under a contract of employment Employees not represented by a union are governed by common law principles Employees who are represented by a union are covered by a collective agreement Some common law principles apply in the union context: Good faith Fair representations Just cause

SECOND BOUNDARY:STATUTORY : 

SECOND BOUNDARY:STATUTORY Health and Safety Workers’ Compensation (WSIA) Human Rights (discrimination and harassment) Privacy legislation: PHIPA, PIPEDA Employment Standards (minimum standards) Labour Relations (union law) Pay Equity Federally - Bill C-45

EMPLOYMENT STATUTES : 

EMPLOYMENT STATUTES Occupational Health and Safety Act Workplace Safety and Insurance Act, 1997 Ontario Human Rights Code Employment Standards Act Labour Relations Act

RELATED LEGISLATION : 

RELATED LEGISLATION Workplace Safety and Insurance Act WHMIS legislation (federal and provincial) Smoking in the Workplace Act Bill C-45 PHIPA

THIRD BOUNDARY:COLLECTIVE AGREEMENT : 

THIRD BOUNDARY:COLLECTIVE AGREEMENT The Collective Agreement sets out the terms and conditions of employment negotiated with the union Management Rights prevail unless limited by the Collective Agreement If you are in a unionized workplace, know the C/A and comply with it

EFFECTIVE MANAGEMENT RIGHTS : 

EFFECTIVE MANAGEMENT RIGHTS A collective agreement limits management’s rights Know management’s position on contentious or ambiguous provisions Do not compromise your authority Do not share responsibility for interpreting and applying the collective agreement with the union steward

FOURTH BOUNDARY:SELF-IMPOSED BOUNDARIES : 

FOURTH BOUNDARY:SELF-IMPOSED BOUNDARIES Policies Practices Rules Culture History

EMPLOYER-IMPOSED RULES : 

EMPLOYER-IMPOSED RULES Rules and standards must be job related or have an operational and business basis Employee must be aware of them Employee must know that failure to obey will lead to discipline Rules and standards must have been consistently enforced

ROADMAP REVISITED : 

ROADMAP REVISITED Overview of the course Good HR management Boundaries on management rights Working with employees and unions Imposing Discipline Dealing with complaints and grievances Introduction to OHSA

WORKING WITH EMPLOYEES AND UNIONS : 

WORKING WITH EMPLOYEES AND UNIONS This section is important for both union and non-union workplaces. Non-union workplaces can learn from the experiences and structure of union workplaces.

DEALING WITH UNIONS : 

DEALING WITH UNIONS Management’s approach to Union Officials: Foster co-operation and mutual respect Inform union of any major decisions or changes Do not share your responsibility to manage the workplace Remember: management acts  the bargaining agent reacts!

DEALING WITH UNION STEWARDS : 

DEALING WITH UNION STEWARDS Relationship with Union Steward: The steward is just another employee, who is subject to the same rules and standards Balance: Employment obligations With union responsibilities and rights as set out in the collective agreement

CORRECTIVE DISCIPLINE : 

CORRECTIVE DISCIPLINE As with the previous section, this section is also important for non-union workplaces which can learn from the formal discipline and complaint structures in union workplaces.

CORRECTIVE ACTION PLAN : 

CORRECTIVE ACTION PLAN Targets misconduct and poor performance Helps to promote an orderly and efficient workplace Corrective in nature  not punitive! Based on a fundamental principle of minimal force When discipline is warranted, take the least serious corrective measure necessary to achieve your objective When the employee persists in inappropriate behaviour, impose progressively more severe corrective sanctions

IMPOSING DISCIPLINE : 

IMPOSING DISCIPLINE Determine whether a disciplinary penalty should be imposed Determine what the disciplinary penalty should be

CHOICES OF DISCIPLINE : 

CHOICES OF DISCIPLINE Oral counseling, followed by an oral reprimand or warning Written reprimand or warning Suspension without pay Demotions Dismissal

CORRECTIVE ACTION : 

CORRECTIVE ACTION Corrective action for breaches of rules may be specified in the framework or rules Otherwise, decisions regarding corrective action will be subjective, but influenced by the facts and circumstances of each case The standard is just cause The corrective action imposed should be appropriate to each situation

DISCIPLINARY RESPONSE : 

DISCIPLINARY RESPONSE Be neither too lenient nor too severe Ensure disciplinary procedure is applied consistently Inequality in treatment leads to frustrated and resentful employees

PRACTICAL TIPS : 

PRACTICAL TIPS Whether verbal or written, ensure the employee is informed of: The misconduct for which s/he is being disciplined The rules or standards that have been contravened The disciplinary consequence being imposed The reason for the severity of consequence assessed The corrective action the employee is expected to take and the period of time within which improvement must be shown The consequences of failing to correct misconduct

ASSESSING THE CONSEQUENCE : 

ASSESSING THE CONSEQUENCE Management must demonstrate: Just cause to impose the discipline, and Discipline imposed was appropriate to the offence Elements of “just cause” – management’s onus: Employee committed the wrongdoing Employee’s misconduct warranted corrective action Discipline was just and appropriate in all the circumstances

EMPLOYEE CULPABILITY : 

EMPLOYEE CULPABILITY Employee’s guilt normally established through: Evidence of witnesses with direct knowledge of the incident Documentation pertaining to the misconduct Indirect or circumstantial evidence Circumstantial facts must point to the employee having committed the offence or misconduct Must exclude any other reasonable conclusion

FACTORS TO CONSIDER : 

FACTORS TO CONSIDER The employment contract Applicable policies and procedures The severity and nature of the offence Previous cases and consistency The employee’s previous record The employee’s explanation Provocation Mitigating factors

MITIGATING FACTORS : 

MITIGATING FACTORS Length of service Recent favourable performance reviews Apology Spur of the moment or premeditated Personal circumstances Double jeopardy

STATUTORILY-PROHIBITED MOTIVES : 

STATUTORILY-PROHIBITED MOTIVES Labour Relations Acts Employment Standards Acts Human Rights Codes Occupational Health & Safety Acts Workplace Safety and Insurance Acts

MORE PRACTICAL TIPS : 

MORE PRACTICAL TIPS Keep a written record of investigation & action Ensure documents are put in the employee’s file Follow-up on warnings you have issued Progress the discipline if further misconduct Should / must a union steward be present Consult with the management team to discuss proposed action and obtain appropriate approvals

TERMINATION : 

TERMINATION Employment may terminate in one of the following ways: Just Cause Frustration (excessive absenteeism) Contractual term Indefinite lay-off BUT FIRST: how do we get to this point?

DISCHARGE : 

DISCHARGE Takes place after all efforts at correcting the employee’s behaviour has failed Dismissal may be appropriate in cases where the misconduct is of such a serious nature that management is left with no other option: i.e. attacks another employee with a tool or weapon, or physically assaults a manager, or is fundamentally dishonest

JUST CAUSE : 

JUST CAUSE Management should be able to establish that it did not act in an arbitrary, unreasonable, or discriminatory manner. Management must prove that: the employee committed the offence s/he was charged with (just the facts ma’am) the employee’s misconduct warranted corrective action or discipline (yes or no) the penalty imposed was just and appropriate to the misconduct (mitigating circumstances)

COMPLAINTS : 

COMPLAINTS Complaint stage does not form part of official record of grievance, but is an integral step Supervisor and employee have opportunity to resolve the problem without recourse to formal complaint process Supervisor plays a key role in early steps Supervisor usually primarily responsible for initial investigation of complaint Keep supervisor involved; s/he is best informed about the circumstances of the complaint

GRIEVANCES : 

GRIEVANCES The grievance procedure is a problem solving mechanism, which facilitates the peaceful resolution of a dispute A grievance is a written complaint alleging: A contravention of the Collective Agreement or employment statutes (e.g. ESA, OHRC) Improper classification Unjust discipline, suspension or dismissal

ARBITRATION : 

ARBITRATION Failure to resolve a grievance may result in the grievance being referred to arbitration The decisions of an arbitrator are final and binding Burden of proof – “party which asserts a fact must prove it” – discipline vs. everything else Civil standard of proof – balance of probabilities; may be a clear balance in serious discipline cases

PRACTICAL TIPS : 

PRACTICAL TIPS DRAFTING SETTLEMENTS In writing – small words, short sentences Identify the complaint in question Indicate that a settlement has been reached by the parties Clearly state terms and conditions of settlement Stipulate that the complaint is resolved If appropriate - without admission, without prejudice and without setting a precedent

OHSA: WORKING WITH UNIONS : 

OHSA: WORKING WITH UNIONS Appropriate collective agreement terms can be used in pursuing occupational health and safety grievances and arbitrations The Board and arbitrators under the Labour Relations Act are given power under the OHSA regarding unlawful reprisals Unions under the Labour Relations Act are recognized for certain purposes under the OHSA, including the selection of joint health and safety committee members

ROADMAP REVISITED : 

ROADMAP REVISITED Overview of the course Good HR management Boundaries on management rights Introduction to OHSA Some history Some principles To whom the OHSA applies Regulations

INTRODUCTION TO HEALTH AND SAFETY : 

INTRODUCTION TO HEALTH AND SAFETY Occupational Health and Safety Act Improves health and safety conditions External vs. internal responsibility system Protects workers from injury and illness Sets out rights and duties of all parties Regulations for specific sectors, issues Extensive coverage

HAM ROYAL COMMISSION (1976) : 

HAM ROYAL COMMISSION (1976) Report of the Royal Commission on the Health and Safety of Workers in Mines Three principal rights of workers: Right to refuse dangerous work without penalty Right to participate in identifying and correcting health and safety problems Right to know about hazards in the workplace

HAM ROYAL COMMISSION (1976) : 

HAM ROYAL COMMISSION (1976) Ham Royal Commission recommended internal responsibility system for Ontario workplaces Internal responsibility system — the foundation for modern-day health and safety legislation

EVOLUTION OF THE OHSA : 

EVOLUTION OF THE OHSA Came into force on October 1, 1979 Originally covered all workers in Ontario, except Domestic workers Farm labourers Teachers and academic staff in universities Inmates in correctional facilities Federal workers covered by the Canada Labour Code

EVOLUTION OF THE OHSA : 

EVOLUTION OF THE OHSA 1984 – Covers teachers and academic staff 1986 – Covers patients who participate in work or rehabilitation program in psychiatric institution, mental health centre or rehabilitation facility 1987 – Introduction of “hazardous materials” and “hazardous physical agents” definitions 1988 – Introduction of Workplace Hazardous Materials Information System (WHMIS)

OHSA’s Limitations : 

OHSA’s Limitations Cannot prevent workplace accidents May be inadequate, unclear, out-of-date Cannot predict all possibilities Often unknown or badly communicated Enforcement is often difficult, time-consuming Requires internal responsibility system

UNDERLYING THEORIES : 

UNDERLYING THEORIES Collective Bargaining: management and the workers create the safe workplace together Tax theory: by imposing a cost on employers, they will be motivated to be safe Criminal sanctions: safety offences should be treated as crimes and punished Regulatory partnering: merges consensus between workplace participants with regulatory and legislative consistency

INTERNAL RESPONSIBILITY SYSTEM (IRS) : 

INTERNAL RESPONSIBILITY SYSTEM (IRS) Safety First and Safety Always Safety is Everyone’s Responsibility Human resources supports operations Every supervisor is part of human resources Personal liability Safe Work is Efficient Work There are no shortcuts Even minor accidents cost time & money

LEGAL SUPPORT FOR IRS : 

LEGAL SUPPORT FOR IRS Requirement for health and safety policies and programs Direct responsibility on officers of a corporation to ensure workplace health and safety Joint health and safety committees Basic rules set out in the OHSA

WORKERS’ FOUR BASIC RIGHTS : 

WORKERS’ FOUR BASIC RIGHTS Right to participate in identifying and resolving workplace health and safety concerns; Right to know about any potential hazards to which they may be exposed; Right to refuse work believed to be dangerous to their own health and safety or that of a co-worker; Right to stop work that is dangerous to any worker, in carefully prescribed circumstances.

DUTIES IMPOSED BY OHSA : 

DUTIES IMPOSED BY OHSA Who has control over the workplace? Employers: Take all reasonable precautions to protect the health and safety of workers Officers and Directors: Ensure compliance with the OHSA and its regulations Workers: Protect themselves and each other Enforcement mechanism when IRS fails

APPLICATION OF THE OHSA : 

APPLICATION OF THE OHSA Who is covered? Almost every worker, employer, supervisor, manager and workplace in Ontario Each owner, constructor, supplier of equipment, supplies and materials Government of Ontario

WHO/WHAT IS EXCLUDED? : 

WHO/WHAT IS EXCLUDED? Workplaces that fall within the federal jurisdiction – regulated under the Canada Labour Code Private residences – owners, occupants, servants Includes connecting land Farming operations NOTE: all workplaces, federal AND provincial, are covered by Bill C-45

OHSA REGULATIONS : 

OHSA REGULATIONS Set out how OHSA duties must be carried out Prescribed duties require a regulation to be in force Four principal sector-specific regulations: Industrial establishments Construction sites Health care facilities Mines

INDUSTRIAL ESTABLISHMENTS : 

INDUSTRIAL ESTABLISHMENTS Applies to the broadest range of workplaces Office buildings, factories, arenas, shops, offices Specifies what is required by the OHSA Premises, lighting, fire prevention, material handling, protective equipment, machine guarding, air quality, noise, first aid, industrial hygiene Sets out many general workplace conditions Equivalency or alternative measures provision

CONSTRUCTION PROJECTS : 

CONSTRUCTION PROJECTS Applies to all “projects” in Ontario Definition of “project” and “construction” very broad Administrative reporting duties Includes specific reporting requirements General health and safety provisions Equivalency provision “Deemed knowledge”

HEALTH CARE AND RESIDENTIAL FACILITIES : 

HEALTH CARE AND RESIDENTIAL FACILITIES Facilities must fit within the applicable definition Must refer to specific statute (e.g. Public Hospitals Act) Addresses issues specific to health care field Does not address resident conduct, violence, abuse Scope and application governed by the regulation Not governed by the OHSA Equivalency provision

ADDITIONAL REGULATIONS : 

ADDITIONAL REGULATIONS Control of exposure to biological agents Criteria to be used and other matters to be considered by adjudicators under OHSA s. 46(6) Critical injury – defined Designated substances Designations under OHSA s. 16(1)(n) Diving operations

ADDITIONAL REGULATIONS : 

ADDITIONAL REGULATIONS Firefighters – protective equipment Inventory of agents or combinations of agents for the purpose of OHSA s. 34 Joint health and safety committees – exemptions Mines and mining plants Oil and gas – offshore Roll-over protective structures

ADDITIONAL REGULATIONS : 

ADDITIONAL REGULATIONS Teachers Training programs Training requirements for certain skill sets, trades University academics and teaching assistants Window cleaning WHMIS X-ray safety

Questions : 

Questions