Do your workplace supervisors understand their role? 'Due diligence' explained

“Supervisors have one of the greatest responsibilities in the workplace. They are responsible for the safety of the workers,” says Ted Balazs, Health and Safety Consultant with WSPS. “The problem is that they aren’t always fully aware of that, particularly if they have not received training that clearly explains their role and legal responsibilities as outlined in the Occupational Health and Safety Act (OHSA).

When supervisors do not fully understand their responsibilities, it could result in an unsafe workplace and individual fines for them. For example, if a supervisor fails to ensure a worker is wearing protective footwear, they can be ticketed $450. In the case of a workplace death, the supervisor could be criminally liable, pending an investigation.

What is due diligence?

Ultimately, the employer is responsible for the safety of all employees; however, supervisors are often the ones working directly with workers, ensuring procedures are being followed and personal protective equipment is being worn properly.  

“Supervisors are usually the eyes and ears of the employer when it comes to health and safety. They are the ones who know what’s happening on a day-to-day basis, interacting with both workers and the senior leadership teams and keeping everyone in the loop,” says Ted.

Ted explains that it is often the supervisor who completes the incident report when a worker experiences an injury. “If an injury occurs, they are also usually the first ones to be asked questions since they are usually the ones delegating and assigning work. They should be aware of individual fines and potential liability if a critical injury or death occurs.”

If a Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspector investigates, they will ask the supervisor questions to determine what caused the incident to ensure the employer exercised ‘due diligence.’ Due diligence means that the employer and supervisor took 'every reasonable precaution' to prevent the incident, as required by section Section 25(2)(h) of the OHSA. “If the supervisor isn’t able to provide adequate answers, their competency may be called into question,” notes Ted.

What is a competent supervisor?

Section 25 of the OHSA outlines an employer’s duties related to health and safety. One of those duties is to provide supervision by a competent supervisor. “A competent supervisor is someone who is qualified because of knowledge, training, and experience to organize the work; is familiar with the OHSA and applicable regulations; and has knowledge of any actual or potential danger to health and safety in the workplace,” explains Ted. “In order to protect workers, they must be able to recognize hazards and have the knowledge required to implement effective controls.”

For example, if a worker has a tear in their glove that could lead to their skin being exposed to a harmful chemical, the supervisor needs to be able to recognize the hazard and ensure the worker gets a new glove. Similarly, if the supervisor sees a worker operating a machine without proper guards, they need to be able to recognize that and ensure the guards are put in place. “It’s a very good idea to have supervisors complete hazard management training. They should have experience completing hazard assessments and developing or reviewing safe work procedures,” says Ted. 

Prepare supervisors for success

Supervisors play a critical role in managing health and safety in any organization. To do their job effectively, they need adequate time, proper resources, and the required tools. Here are some things employers can do to set their supervisors up for success and demonstrate due diligence.

Train and educate
Give your supervisors the knowledge they need to meet the legislative requirement of competency. In addition to having experience in how to assign the work, supervisors need training on the OHSA and how it applies to your workplace. Ensure supervisors know how to implement the RACE method of hazard recognition—Recognize, Assess, Control, and Evaluate—so that they can effectively manage the actual and potential hazards present in the workplace.

Get supervisors involved
When completing hazard assessments and developing safe work procedures, get the supervisor involved rather than handing it down to them afterwards. This involvement will ensure that the supervisor has a solid understanding of the hazards, controls, and processes. It will also help supervisors explain and enforce the process with workers.

Encourage positive relationships
“Supervisors need to have a good relationship with their team,” says Ted. “When they have that, it’s much easier for everyone to work together.” Employers can support this by creating a positive and respectful working environment and working with supervisors to foster relationships. Supervisors should also have productive and open communication with the joint health and safety committee. “It’s paramount that supervisors and JHSCs work together to help identify and control workplace hazards,” says Ted.

Understanding of documentation and due diligence
It’s important for supervisors to be comfortable with the organization’s health and safety management and incident reporting systems. They need to understand the requirement for proper documentation for things like training, hazard assessments, and procedures so that they have this information available if requested by an MLITSD inspector.

How WSPS can help

Consulting

Connect with a WSPS expert to learn more about supervisor responsibilities and how to demonstrate due diligence.

Training

• Supervisor Responsibilities and Due Diligence (online instructor-led, 4 hours)
• Supervisor Responsibilities and Due Diligence (eCourse, 4 hours)
• The Effective Supervisor: Strategies for Success (online instructor-led, 2 days)
• JHSC Certification Part 1(online instructor led, 3 days)

Resources

• What are the responsibilities of a supervisor under the OHSA? (video)
• Duties and Responsibilities (video)
• What does it mean to have a competent supervisor (video)
• Which employees are considered workplace supervisors (video)