OCCUPATIONAL HEALTH AND SAFETY

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1 PROCEDURE 420 Adopted October 6, 2008 Last Revised November 2014 Review Date November 2015 Annual review OCCUPATIONAL HEALTH AND SAFETY 1) PURPOSE Hastings and Prince Edward District School Board (HPEDSB) provides safe working conditions for all employees and is committed to maintaining equipment and facilities in a safe condition, in adherence with the Occupational Health and Safety Act (OHSA). This administrative procedure supports the district in taking every reasonable precaution to prevent personal injury and to ensure that every employee meets the requirements of the OHSA in the performance of his or her duties. 2) PERSONAL RESPONSIBILITY a) The district subscribes to the Internal Responsibility System*, whereby each employee has responsibility for health and safety as an essential part of his or her job and that the workplace parties themselves are in the best position to identify and solve health and safety issues. b) Every employee must work to prevent injury and illness. c) Every employee must reduce risk and eliminate hazards in the workplace and report hazards to the appropriate supervisor. d) Every employee must clearly understand his or her level of skill, ability and limitations and develop capacity to fulfill responsibilities in a safe manner. e) Every employee must follow safety guidelines, wear personal protective equipment (PPE) issued to them and use proper tools for the job (see Procedure 420-E: Personal Protective Equipment). f) Every employee must be prepared to account for how he or she is ensuring a safe and healthy working environment. g) Every employee must work collaboratively to address health and safety concerns. 3) HEALTH AND SAFETY TRAINING a) The director shall ensure that health and safety training sessions are provided for newly appointed site supervisors as soon as is practicable after appointment. b) All employees shall receive adequate training in their specific work tasks to protect their health and safety. 4) JOINT HEALTH AND SAFETY COMMITTEES a) The district has established a Joint Health and Safety Committee (JHSC) as allowed by the OHSA section 9(3.1) by order in writing to establish and maintain one JHSC for more than one workplace. Refer to Guidelines for the Structure and Function of the Hastings and Prince Edward Joint Health and Safety Committee located on the Health and Safety Resources page of the HPEDSB website, as agreed between the board and ETFO, * Government of Ontario A Guide to the Occupational Health & Safety Act revised 06/02 Hastings and Prince Edward District School Board Page 1 of 7

2 Hastings-Prince Edward, OSSTF District 29, CUPE Local 1022 and the Association of Professional Student Services Personnel (APSSP). b) In accordance with the OHSA, the district provides certification training for the designated employees and management representatives. c) The business of the JHSC shall be conducted under the guidance and supervision of cochairs representing management and employees. The management co-chair is selected by the management members. The employee co-chair will be selected by employee members of the committee. d) The JHSC shall meet a minimum of four times a year as required by the OHSA. Scheduled monthly meetings should follow the approved guidelines and may be cancelled at any time at the discretion of the co-chairs. 5) DUTIES AND RESPONSIBILITIES The JHSC shall: a) Inspect the physical conditions of all buildings entirely two (2) times annually. b) Identify conditions that may be a source of danger or hazard to employees, and make recommendations to the employer; c) Post the names of the committee members in a noticeable place or places where they will come to the attention of all employees; d) Maintain records of the proceedings of the Joint Committee and make them available for inspection by the Ministry of Labour and HPEDSB; e) Obtain information from the district respecting the identification of potential or existing hazards of materials, processes and equipment, and about health and safety experiences, work practices and standards in similar or other workplaces; and f) Perform other duties as required by the OHSA. 6) AUTHORITY OF THE HEALTH AND SAFETY OFFICER a) The health and safety officer shall have the authority to issue directions and/or orders to any person under the jurisdiction of the district, including contractors hired by, or acting on behalf of the district when the health and safety officer finds an unsafe condition, process, or that a provision of the OHSA or regulations is being contravened. b) The order shall be given by the appropriate supervisor in consultation with the health and safety officer, either orally or in writing to an employee, supervisor, principal or contractor whom he or she believes is in charge of the workplace, or the person he or she believes is the contravener, to comply with the provision. The health and safety officer may advise the order to be carried out forthwith, or within such period of time as the health and safety officer specifies. Where an order is given orally, a written order shall be issued before the health and safety officer leaves the workplace. c) The order shall be given when the supervisor, in consultation with the health and safety officer, finds an unsafe condition, process, or a contravention of the OHSA or regulations that is a danger or hazard to the health and safety of an employee, student or user of a district facility. He or she may order that any place, equipment, machine, device, article, thing or any process or material shall not be used until there is compliance with the order. d) The order may indicate that the area of the workplace where the contravention exists be cleared of people and/or isolated by fencing, barricades, tagged, locked out or closed off by any other means to prevent access until the danger or hazard to the health and safety of an employee, student or user of a district facility is removed. e) An order, once given, may only be lifted by the health and safety officer after the workplace has been inspected by the health and safety officer. Hastings and Prince Edward District School Board Page 2 of 7

3 7) IN-SCHOOL HEALTH AND SAFETY COMMITTEE a) There shall be an In-School Health and Safety Committee at each location comprised of one representative from each employee group and group management representatives. b) The In-School Health and Safety Committee shall inspect the physical conditions of the workplace at least once per month. c) The In-School Health and Safety Committee shall meet monthly to review health and safety topics of concern and provide advice regarding district processes and training. d) Meetings will be conducted by management and employee co-chairs. The employee e) co-chair shall be selected by the employee representatives. f) The In-School Health and Safety Committee may review health and safety data. g) Members of the In-School Health and Safety Committee shall assist in communicating safety messages and information to all employees. h) As a site supervisor under the Act, the principal has a particular duty and responsibility to take action to ensure that concerns are dealt with in an expedient and safe manner. i) Administrative Procedure 420-H: In-School Health and Safety Guidelines provides information and guidance to the In-School Health and Safety Committee related to workplace inspections. 8) REPORTING A HEALTH AND SAFETY CONCERN a) In accordance with the OHSA, employees have a duty to report health and safety concerns to the site supervisor. Employees may also inform members of the JHSC. b) If resolution of the concern is not achieved through efforts of the site supervisor and/or the JHSC, the concern shall be reported to the health and safety officer. c) If concerns remain after intervention by the health and safety officer, the concern shall be brought to the attention of the superintendent responsible. d) In the circumstance where the employee continues to have concerns despite measures taken, the district and/or the employee may contact the Ministry of Labour. 9) REPORTING A VIOLENT INCIDENT a) Incidents of violence in the workplace should be reported to the appropriate supervisor using Form 421-1: Employee Accident/Violent Incident Report Form within 24 hours. b) The supervisor will complete and submit the Supervisor s Accident/Violent Incident Investigation Report (Form 421-2) within 24 hours, if possible, to Human Resources Support Services. It is recognized that some investigations will take more time, so an interim report should be submitted indicating follow-up is ongoing. c) The health and safety officer will coordinate and assist site supervisors to investigate violent incidents and assist with follow-up communications with all employees. d) Violent incidents that result in an employee requiring medical attention must be reported to members of the JHSC within 4 days of the incident by the Human Resource Coordinator. e) Results of formal risk assessments will be reported to the JHSC at regular meetings. 10) REPORTING ACCIDENTS a) All employees have an obligation under the Workplace Safety and Insurance Act to report accidents in the workplace. b) Accidents in the workplace must be reported to the appropriate supervisor immediately using Form 421-1: Employee Accident/Violent Incident Report Form and submitted to Human Resource Support Services within 24 hours. c) The supervisor will complete Form 421-2: Supervisor Accident/Violent Incident Investigation Report within 24 hours, if possible. Hastings and Prince Edward District School Board Page 3 of 7

4 d) The human resource coordinator will coordinate communication with the insurer and the Ministry as required and coordinate investigations of accidents with the health and safety officer. e) A summary of accidents in the workplace will be reported to members of the JHSC at regular meetings. 11) RIGHT TO REFUSE OR STOP WORK WHERE HEALTH OR SAFETY IN DANGER This procedure provides a means for all employees in the HPEDSB to exercise their right to refuse to do work they have reason to believe may endanger them or other employees in accordance with the OHSA. a) Definitions i) Reason to believe refers to a fear that a danger exists, and does not require any supportive evidence to substantiate the refusal to work. This stage of the process precedes the investigation described in subsection ii) Reasonable grounds to believe means that there is supportive evidence to back up the employee s safety concern. The employee may continue to refuse to work following the investigation described in subsection , if there is evidence for the refusal. b) Right to refuse work: An employee may refuse to do work if he or she has reason to believe that: i) any equipment, machine, device or thing that the employee is using or is told to use is likely to endanger himself or herself or another employee of the district; ii) the physical condition of the workplace is likely to endanger the employee, or; iii) workplace violence is likely to endanger himself or herself; or iv) any equipment, machine, device or thing that the employee is using or the physical condition of the workplace is a contravention of the OHSA or the regulations and such contravention is likely to endanger himself or herself or another employee of the district. N.B. A teacher cannot refuse to work as per O.Reg Teachers under the OHSA, where the circumstances are such that the life, health or safety of a pupil is in imminent jeopardy. c) Investigation by the principal or supervisor: i) All employees are responsible for reporting to their principal or supervisor the absence of or defect in any equipment or protective devices, any contravention of the OHSA or regulations and the existence of any hazard of which they are aware. ii) The principal or supervisor, once notified, along with the employee who raised the health and safety concern, will investigate the concern as soon as possible. d) Refusal to work: i) If the issue is not resolved at this point, or the safety concern is not investigated in a timely way and the employee has reason to believe that he or she is in danger, the employee shall immediately inform the principal or supervisor that he or she is refusing to work. The employee must explain the circumstances of the refusal, but is not required to have supportive evidence to substantiate the refusal. ii) When an employee has exercised the right to refuse work, the principal or supervisor shall immediately notify the designated certified employee member of the JHSC and the health and safety officer. iii) The certified employee member and the health and safety officer shall attend the investigation without delay. The principal or supervisor shall immediately investigate the circumstances of the refusal in the presence of the employee member, the certified employee member and health and safety officer. Hastings and Prince Edward District School Board Page 4 of 7

5 iv) The employee refusing work must remain in a safe place near the work area until the investigation is completed. v) No other employee may be asked to perform the work that has been refused without full knowledge of the situation. vi) If the situation is resolved, the employee returns to work. e) Continued refusal to work: i) If the principal or supervisor does not agree that an unsafe or unhealthy condition exists or continues to exist, and the employee has reasonable grounds to believe that the danger exists, he or she may continue to refuse to work. The employee shall state what the "reasonable grounds" are for continuing the refusal and provide supportive evidence to back up the concern. ii) The principal or supervisor shall notify a Ministry of Labour inspector to report this continuing work refusal. iii) While waiting for the inspector, the employee shall remain in a safe place and may be assigned other reasonable work. iv) No other employee may be asked to perform the refused work without full knowledge of the situation. v) The Ministry of Labour inspector will investigate the refusal in the presence of the refusing employee, certified employee member of the JHSC and the health and safety officer. vi) The inspector will make a written decision that will be given to the employee, the certified employee member and the health and safety officer. The health and safety officer will provide a copy of the decision to the principal or supervisor and the superintendent of human resources. vii) If the inspector finds that no danger exists, the refusing employee must return to work. viii) If the inspector finds that a danger exists, he or she can issue orders to resolve the problem. ix) The principal or supervisor shall ensure that all orders written by the inspector and any other corrective actions are carried out. x) If the principal or supervisor does not agree that an unsafe or unhealthy condition exists or continues to exist, and the employee has reasonable grounds to believe that the danger exists, he or she may continue to refuse to work. The employee shall state what the "reasonable grounds" are for continuing the refusal and provide supportive evidence to back up the concern. f) Reprisals prohibited: No person acting on behalf of the director of education or HPEDSB: i) dismiss or threaten to dismiss an employee; ii) discipline or suspend or threaten to discipline or suspend an employee; iii) impose any penalty upon an employee; or i) intimidate or coerce an employee because the employee has acted in compliance with the OHSA. g) Disciplinary procedures: i) If an employee continues to refuse work without justification or cause, the appropriate disciplinary procedures will be followed, up to and including termination of employment with the board. ii) This procedure acts as a guideline. The OHSA is the primary source of direction for employees related to work refusal. iii) The following flow chart outlines the work refusal procedure. Hastings and Prince Edward District School Board Page 5 of 7

6 FLOW CHART WORK REFUSAL PROCEDURE Employee refuses to work because he/she has reason to believe work endangers health or safety. Staff Employee member reports refusal to to principal/supervisor. If If issue is not resolved, the process continues. Principal/supervisor notifies Health health and safety officer/ Safe Workplace who notifies Coordinator JHSC union who representative. notifies JHSC union representative. Principal/supervisor investigates in presence of of staff employee, member, certified member and Health health and safety officer/safe Workplace officer. Coordinator. NO Does principal/supervisor agree that situation endangers health or safety? YES Principal/Supervisor takes corrective action Does employee have reasonable grounds to believe work endangers health and safety YES Ministry of Labour Inspector Inspector investigates in presence of employee, certified member and health and safety officer. NO Employee may be assigned reasonable alternative work. Employee member returns to work Written decision Corrective action taken if ordered & employee member returns to work Hastings and Prince Edward District School Board Page 6 of 7

7 Legal References: Occupational Health and Safety Act, as amended by Bill 168 Education Act, section 265 Duties of Principal: Care of Property; section 283 Chief Executive Officer: Maintain Effective Organization; section 286 Duties of Supervisory Officers: Supervise Property Ontario Regulation 298 Operation of Schools, section 11 Duties of Principals: Inspect School Premises District References: Administrative Procedure 149: Safety and Well-Being of Students and Staff Administrative Procedure 153: Emergency Response Administrative Procedure 162: Treatment of Injured or Ill Students and Staff Members Administrative Procedure 420-A: Working Alone or in Isolation Administrative Procedure 420-B: Clay in Art Rooms Administrative Procedure 420-C: Mould Remediation Administrative Procedure 420-D: Use of Ladders Administrative Procedure 420-E: Personal Protective Equipment Administrative Procedure 420-F: Machine/Equipment Lockout Guidelines Administrative Procedure 420-G: Cleaning and Disinfection of Musical Wind Instruments Administrative Procedure 420-H: In-School Health and Safety Guidelines Administrative Procedure 421: Safe Workplace Violence in the Workplace Administrative Procedure 422: Safe Workplace Workplace Harassment Administrative Procedure 552: Maintenance of Buildings, Grounds and Equipment Administrative Procedure 556: School Yard Improvement Areas and Playground Equipment Administrative Procedure 557: Snow and Ice Removal Administrative Procedure 560: Use of Electrical Appliances and Vending Machines in Board Buildings Administrative Procedure 568: Installation and Application of Building Materials Containing Volatile Organic Compounds Administrative Procedure 585: Safe Drinking Water Form 421-1: Employee Accident/Violent Incident Report Form Form 421-2: Supervisor s Accident/Violent Incident Investigation Report Form Hastings and Prince Edward District School Board Page 7 of 7

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