Occupational Health and Safety Training Level 1

1
Occupational Health and Safety Training Level 1

• Legislation

2
Action Objective

• To provide participants with basic knowledge
  on applicable occupational health and safety
  legislation, and the obligations of the company
  and its employees

3
Learning Objectives

• Describe the basic structure of health and safety
  law.
• Identify the basic rights given to individuals by
  the NWT Mine Health and Safety Act.
• Identify and discuss the duties and
  responsibilities of the owner and manager under
  the NWT Mine Health and Safety Act.
• Identify and discuss the duties and
  responsibilities of supervisors and workers under
  the NWT Mine Health and Safety Act
• Explain and discuss the unsafe work refusal
  process.
• Discuss the structure of the NWT Mine Health and
  Safety Regulations

4
Structure of Health and Safety Law

• THE ACT The Basic Legal Authority
• Adopted and amended by the Legislative Assembly
  in public
• State general duties, requirements and
  priniciples
• REGULATIONS Detailed Legal Rules
• Provide specific rules for many circumstances
• Cannot exceed the general authority of the Act

5
Duties of Owner

• Take every reasonable measure and precaution to
  protect the health and safety of employees and
  other persons at the mine
• Implement and maintain work practices that are
  safe and that do not present undue risk to health
• Provide and maintain healthy and safe worksites

6
Duties of Owner (contd)

• Ensure that provision is made for such
  supervision, instruction and training as is
  necessary to protect the occupational health and
  safety of the employees
• Ensure that the mine is constructed, developed,
  reconstructed, altered or added to in accordance
  with this Act and the regulations

7
Duties of Owner (contd)

• Ensure that machinery, equipment, material and
  protective devices that are required by the
  regulations, to be used at the mine or available
  for the use of employees at the mine, are
  available for such use
• Ensure that personal protective equipment
  required by the regulations to be provided to
  employees is so provided
• Ensure that the mine is operated in accordance
  with the Act and the regulations

8
Duties of Owner (contd)

• Appoint, in writing, a person having the
  prescribed qualifications as manager for the mine
• Ensure that there is a person having the
  prescribed qualifications acting as a manager at
  all times

9
Duties of Manager

• Take every reasonable measure and precaution to
  protect the health and safety of employees and
  other persons at the mine
• Comply with the Act and the regulations and any
  orders or directives issued under the Act or the
  regulations
• Ensure that the requirements of the Act and the
  regulations are met in the operation of the mine

10
Duties of Manager (contd)

• Ensure that any orders and directives issued
  under the Act or the regulations are complied
  with in the operation of the mine
• Ensure that machinery, equipment, materials and
  protective devices required to be used at or
  available at the mine are maintained in good
  condition
• Ensure that the personal protective equipment
  required to be provided to employees by the
  regulations are maintained in good condition

11
Duties of Manager (contd)

• Ensure that an employee receives the information,
  instruction and supervision necessary to protect
  his or her health and safety
• Establish and maintain an occupational health and
  safety program as required under the regulations
• Establish and maintain a medical surveillance
  program for employees as required under the
  regulations

12
Duties of Manager (contd)

• Establish and maintain a mine rescue program as
  required under the regulations
• Ensure that any order, directive, notice or other
  document that is required to be posted at a mine
  under this Act or the regulations is maintained
  in a legible condition
• Shall co-operate fully with the Occupational
  Health and Safety (OHS) Committee by
• providing the Committee with every reasonable
  facility for carry out it functions
• allowing the Committee access to all reports,
  plans and records pertinent to the work of the
  Committee including procedures, maintenance
  records and log books
• correcting the health and safety hazards noted in
  the Committee inspection report, within 30 days
  after the day on which the inspection was carried
  out or by such later date as may be agreed to by
  the Committee

13
Duties of Manager (contd)

• Shall post the Committee inspection report in at
  least one conspicuous location at the mine
• Replying, within 15 days and in writing, to the
  Committee, in respect to a Committee report on an
  unresolved health and safety issue
• Provide, at least three times a year, training to
  members of the OHS Committee that is relevant to
  the work of the Committee
• Submit to the Chief Inspector an annual record of
  the training provided to members of the OHS
  Committee

14
Duties of Manager (contd)

• Shall ensure that the posters provided by the
  Chief Inspector containing selected sections of
  the Mine Health and Safety Act and its
  Regulations are displayed at conspicuous
  locations
• Shall ensure that every employee is given a copy
  of the Mine Health and Safety Act and its
  Regulations at no cost to the employee
• Shall ensure that a copy of the Mine Health and
  Safety Act and its Regulations is maintained in
  every safety office and other suitable locations
  where they are available to employees

15
Duties of Supervisors

• Take every reasonable measure and precaution to
  protect the health and safety of employees under
  his or her direction and control and other
  employees and persons at the mine
• Shall comply with the Act and the Regulations and
  any orders or directives issued under the Act and
  the Regulations
• Ensure that the requirements of the Act and the
  Regulations are met in respect to those aspects
  of the operation of the mine that are the
  responsibility of the supervisor
• Ensure that any orders and directives issued
  under the Act or the Regulations are complied
  with in respect to those aspects of the operation
  of the mine that are the responsibility of the
  supervisor

16
Duties of Supervisors (contd)

• Shall, within his or her area of responsibility
  and authority
• carry out the duties set out in the Act and the
  Regulations
• give precedence to the health and safety of
  persons in his or her charge over any other
  duties, and at the end of his or her shift,
  communicate with the next shift supervisor all
  necessary information relating to health and
  safety concerns
• ensure that all persons in his or her charge are
  adequately trained and given clear instructions
  regarding the work they are to perform

17
Duties of Supervisors (contd)

• Shall, within his or her area of responsibility
  and authority
• ensure compliance with the relevant provisions of
  the Act and the Regulations
• be knowledgeable about the essential safeguards
  against hazards and about safe working procedures
  at the worksites for which he or she is
  responsible so that he or she can routinely
  assess the safety of the environment and
  operations affecting persons in those worksites

18
Duties of Supervisors (contd)

• Shall, within his or her area of responsibility
  and authority
• by thorough supervision, protect the health and
  safety of all persons in the area for which he or
  she is responsible
• make himself or herself familiar with all parts
  of the area for which he or she is responsible
  including those parts where persons do not
  normally work and with safe escape routes, refuge
  stations, and other mustering points
• ensure that there is sufficient safety equipment
  of appropriate standards for the work being
  performed

19
Duties of Supervisors (contd)

• Shall, within his or her area of responsibility
  and authority
• expeditiously investigate and address health and
  safety matters drawn to his or her attention
• record before the end of every shift in a
  log-book kept for that purpose, all matters
  affecting health and safety, making special notes
  of any unusual or hazardous conditions or
  deficiencies found during the shift and of any
  remedial actions taken
• read and countersign all reports of the previous
  shift and discuss any health and safety matters
  of concern and any unusual or hazardous
  conditions or deficiencies with persons under his
  or her control before deploying them to their
  worksites

20
Duties of Employees

• Before commencing work at a worksite, thoroughly
  check the worksite for hazardous or dangerous
  conditions and not start work unless the worksite
  is safe
• Before using any equipment, check that it is safe
  to use
• To the best of his or her ability, leave the
  worksite at the end of his or her shift in a
  condition that allows work to be resumed safely
  and without risks to health or safety or, if
  unable to do so, fence, rope off, or post signs
  at the worksite and report the circumstances to
  the supervisor responsible

21
Duties of Employees (contd)

• Not pass beyond enclosures or barriers or danger
  signs or open any locked door without authority
• Not remove or make ineffective, except for the
  purpose of maintenance or replacement, any
  protective devices

22
Duties of Workers

• Take every reasonable measure and precaution to
  protect the health and safety of employees and
  other persons at the mine
• Comply with this Act and the Regulations and any
  orders and directives issued under this Act and
  the Regulations

23
Duties of Workers (contd)

• Take reasonable measures and precautions to
  protect his or her health and safety and the
  health and safety of other persons at the mine
• Co-operate with any other person exercising a
  power under the Act or performing a duty imposed
  by the Act and the Regulations
• Comply with the Act and the Regulations and any
  orders and directives issued under the Act and
  the Regulations

24
Duties of Workers (contd)

• Co-operate with the managers and supervisors in
  the discharge of their responsibilities
• Use the safeguards, safety appliances and
  personal protective equipment or devices provided
  pursuant to the Regulations
• Conduct himself or herself at work in a safe and
  responsible manner

25
Duties of Workers (contd)

• Comply with instructions given for his or her own
  health and safety and those given for the health
  and safety of others
• Report any accident, dangerous occurrence or
  reportable incident, whether or not injury
  occurs, which arises in the course of or in
  connection with work
• Report any misuse of explosives

26
Right to Refuse WorkS. 18 of the Act

• An employee may refuse to perform any work or to
  operate any machine, equipment or tool if he or
  she has reasonable cause to believe that to do so
  could endanger the health and safety of any
  person
• An employee may refuse to work at any worksite if
  he or she has reasonable cause to believe that
  the condition of the worksite could endanger the
  health and safety of any person

27
Right to Refuse Work (contd)S. 18 of the Act

• The employee shall report the reasons for his or
  her refusal to work to his or her supervisor
  without delay
• The owner and manager and each supervisor and
  worker affected by a refusal to work shall
  resolve the refusal in accordance with the
  practices and procedures set out in the
  Regulations

28
Right to Refuse WorkPart IV of the Regulations

• Unsafe Work
• 4.01 An employee may refuse to carry out any work
  or operate any equipment, tool or appliance if he
  or she has reasonable cause to believe that to do
  so would endanger the health and safety of any
  person
• 4.02 A supervisor shall not knowingly perform or
  permit a worker to perform work which could
  endanger the health and safety of any employee
• 4.03 An employee who refuses to carry out work,
  or to operate any equipment, tool, or appliance
  in compliance with these provisions shall
  immediately report the circumstances to his or
  her supervisor.

29
Right to Refuse Work (contd)Part IV of the
Regulations

• Investigations
• 4.04 The supervisor receiving a report under
  section 4.03 shall immediately investigate the
  matter and ensure that any dangerous condition is
  remedied without delay, or if, in his or her
  opinion, the work refusal is not valid, the
  supervisor shall so inform the employee who made
  the report
• 4.05 If the investigation required by section
  4.04 does not resolve the matter to the
  satisfaction of the employee who made the report
  under section 4.03, a further investigation shall
  be made by the supervisor or other management
  representative in the presence of the employee
  who made the report, together with an employee
  who
• has knowledge of the work in question and
• is a worker selected by the employee refusing to
  carry out the work
• 4.06 Where a worker member of the Committee or
  the other worker referred to in paragraph 4.05b)
  is not available to carry out the investigation
  referred to in section 4.05, the employee who
  made the report under section 4.03 may request
  the union local, if any, to designate a worker to
  make the investigation with the supervisor

30
Right to Refuse Work (contd)Part IV of the
Regulations

• Use of Alternate Worker
• 4.07 Where an employee refuses to carry out the
  work after the supervisor and a person referred
  to in section 4.05 or 4.06 have investigated the
  work refusal and are both of the opinion that no
  employee is endangered,
• if the refusal is considered relatively unique to
  that particular employee, and
• if there is no justification for an alternate
  employee to refuse to carry out the work in
  question,
• then the supervisor, after informing the
  alternate employee of the reason for the refusal,
  may require him or her to perform the work
• 4.08 Where it is determined by an investigation
  that an employee may be endangered, no employee
  shall perform the work until the situation has
  been remedied to the satisfaction of the employee
  doing the work

31
Right to Refuse Work (contd)Part IV of the
Regulations

• Committee Investigates
• 4.09 Where the procedures set out in sections
  4.03 to 4.07 fail to resolve the work refusal,
  the Committee shall conduct an investigation in
  the presence of the employee and either
• develop a plan that is acceptable to an employee
  who will do the work and that will allow the work
  to proceed safely or
• permit the employee to continue to refuse to work
• 4.10 The Committee shall submit to the manager a
  report on the investigation under section 4.09
  that describes the situation and recommends the
  remedial action that the Committee has determined
  is required
• 4.11 Where the procedures set out in sections
  4.09 and 4.10 fail to resolve the work refusal,
  the employee who made the report, the worker
  co-chairperson or the manager may appeal to the
  chief inspector for the designation of an
  inspector to resolve the refusal

32
Right to Refuse Work (contd)Part IV of the
Regulations

• Inspector to Investigate
• 4.12 The chief inspector shall designate an
  inspector who shall investigate the work refusal
  in the presence of the employee who so refused or
  the employees designate and the manager or the
  managers designate
• 4.13 The inspector shall give his or her decision
  without delay upon concluding his or her
  investigation to the manager, the Committee and
  the union local, if any