Supervisor Health & Safety Awareness Training

If you supervise workers on an HCMI construction site — whether you hold the title of foreman, superintendent, lead hand, or project manager — you are a "supervisor" under the Occupational Health and Safety Act. This training covers the legal duties, competency requirements, and practical responsibilities that come with that role.

1. Legal Basis & Who Needs This Training

Under OHSA section 25.2(1), every employer must ensure that every supervisor has completed a basic occupational health and safety awareness training program that meets the requirements of Ontario Regulation 297/13, section 2. This regulation specifies the content areas that must be covered, including the duties and rights under the Act, hazard recognition, and the roles of the JHSC, health and safety representatives, and the MLITSD.

At HCMI, this training is mandatory for:

• Site superintendents and assistant superintendents
• Foremen and lead hands who direct the work of others
• Project managers who attend or oversee construction sites
• Any worker who, even temporarily, directs the work activities of another worker

2. The "Competent Person" Definition

The OHSA and the Construction Regulation (O. Reg. 213/91) frequently require that certain tasks be performed by, or under the direction of, a "competent person." Under OHSA section 1(1), a competent person is defined as someone who:

1. Is qualified because of their knowledge, training, and experience to organize the work and its performance
2. Is familiar with the OHSA and the regulations that apply to the work
3. Has knowledge of any potential or actual danger to health or safety in the workplace

As a supervisor, you must be a competent person for the work you oversee. This means you need to understand the technical requirements of the work, know the applicable regulations, and be able to recognize hazards. If you are assigned to supervise work outside your area of competence, you must notify your manager immediately.

3. Supervisor Duties Under OHSA Section 27

Section 27 of the OHSA sets out the specific duties of a supervisor. As a supervisor on an HCMI site, you must:

• Ensure compliance: Ensure that workers work in the manner and with the protective devices, measures, and procedures required by the Act and regulations (s.27(1)(a))
• Advise workers of hazards: Advise workers of the existence of any potential or actual danger to their health or safety of which you are aware (s.27(2)(a))
• Provide written instructions: Where prescribed, provide written instructions as to the measures and procedures to be taken for the protection of workers (s.27(2)(b))
• Take every precaution reasonable: Take every precaution reasonable in the circumstances for the protection of a worker (s.27(2)(c))

The phrase "take every precaution reasonable in the circumstances" is the general duty clause for supervisors. Courts have interpreted this broadly — it is not limited to hazards specifically addressed in the regulations. If you can foresee a danger and there is a reasonable step you can take to prevent it, you are expected to take that step.

4. Due Diligence & Personal Liability

Due diligence is your primary defence against charges under the OHSA. It means taking all reasonable steps to prevent a contravention of the Act or its regulations. To establish due diligence, you must be able to demonstrate:

• Knowledge: You were aware of, or ought to have been aware of, the hazards in the workplace
• Standards: You established and communicated clear safety standards and procedures
• Training: You ensured workers were trained and competent for the tasks assigned
• Supervision: You provided adequate supervision and monitored compliance
• Enforcement: You took corrective action when safety standards were not followed, including progressive discipline where appropriate
• Documentation: You maintained records of training, inspections, corrective actions, and communications

Due diligence is not a one-time achievement — it is an ongoing, active process. A safety program that exists only on paper is not due diligence. What matters is what actually happens on the ground, every day.

Common Due Diligence Failures

Ministry of Labour prosecutions frequently involve supervisors who:

• Knew about a hazard but did not act to correct it
• Failed to enforce PPE requirements even though they were "on the books"
• Allowed workers to perform tasks for which they were not trained
• Did not conduct or document regular workplace inspections
• Relied on workers' experience rather than verifying competency

5. Responding to a Work Refusal

When a worker exercises their right to refuse unsafe work under OHSA section 43, the supervisor's response is critical — both legally and practically. Here is the required procedure:

1. Listen and acknowledge: The worker reports to you that they are refusing work they believe is dangerous. Do not dismiss the concern or pressure the worker to return to work.
2. Investigate immediately: Investigate the situation in the presence of the worker and the JHSC worker member (or health and safety representative, or another worker chosen by the refusing worker).
3. Resolve or escalate: If you can resolve the hazard, do so. Have the worker confirm they are satisfied and document the resolution. If the worker is not satisfied and continues the refusal, you must notify the MLITSD.
4. Pending investigation: The worker remains in a safe place near their workstation. You may assign the worker reasonable alternative work. You may assign another worker to perform the refused work, but you must inform them of the refusal and the reasons for it in the presence of the JHSC worker member.
5. MLITSD investigation: An inspector will investigate and issue a decision. You must comply with the inspector's order.

6. Investigating Complaints & Incidents

Supervisors are often the first point of contact when a safety concern or incident occurs. Your investigation responsibilities include:

Safety Complaints

• Take every complaint seriously, regardless of who raises it or how it is presented
• Investigate the concern promptly — same day whenever possible
• Document your findings and the corrective actions taken
• Follow up with the worker who raised the concern to close the loop
• If the complaint relates to workplace harassment or violence, follow the HCMI Workplace Harassment Program and involve HR

Incident Investigations

When a workplace injury, illness, or significant near miss occurs:

1. Ensure the injured worker receives immediate first aid or medical attention
2. Secure the scene — do not disturb it if the injury is critical (as defined in O. Reg. 834)
3. Notify HCMI management immediately for any injury requiring medical attention
4. For critical injuries, the MLITSD must be notified immediately by telephone (OHSA s.51)
5. Complete the HCMI Workplace Incident Report within 24 hours
6. Conduct a root cause investigation — look beyond the immediate cause to identify systemic factors
7. Implement corrective actions and communicate lessons learned to the crew

7. Enforcement Responsibilities

One of the most challenging aspects of the supervisor role is enforcement. Due diligence requires that you not only establish safety rules but also actively enforce them. This includes:

• Consistent monitoring: Conduct regular walk-throughs to observe work practices and conditions
• Immediate correction: Address unsafe acts or conditions as soon as you observe them — do not wait for a "convenient time"
• Progressive discipline: Follow the HCMI progressive discipline process for repeated safety violations: verbal warning, written warning, suspension, termination. Document every step.
• Leading by example: Always wear required PPE, follow safe work procedures, and demonstrate that safety is non-negotiable

The standard applied by courts and the MLITSD is not perfection — it is reasonableness. But "I told them to wear their harness" is not sufficient if you observed non-compliance and did not act. Active, documented enforcement is essential.

8. HCMI Supervisor Policies

HCMI supervisors are expected to meet the following company standards in addition to the legal requirements:

• Pre-job safety talks: Conduct a documented toolbox talk at the start of each shift or when new tasks are introduced. Topics should address the specific hazards of the day's work.
• Weekly site inspections: Complete and document a formal site safety inspection at least once per week using the HCMI Site Inspection Checklist.
• New worker orientation: Ensure every new worker on your site completes a site-specific orientation before starting work, including a site tour, hazard review, and emergency procedure briefing.
• Subcontractor oversight: Verify that all subcontractor workers have valid training documentation (worker awareness, WHMIS, WAH where applicable) before allowing them to begin work.
• Incident reporting: Report all injuries, illnesses, and significant near misses to HCMI management within 4 hours. Complete the Workplace Incident Report within 24 hours.
• Emergency preparedness: Ensure the site emergency plan is current, posted, and reviewed with workers. Conduct an emergency drill within the first month of each project.

9. Supervisor Awareness Checklist

Confirm the following before and during your assignment as a supervisor on an HCMI site:

• I have completed supervisor health and safety awareness training and my record is on file
• I understand my duties under OHSA section 27 and the meaning of "every precaution reasonable"
• I understand the concept of due diligence and my personal liability under the Act
• I know the correct procedure for responding to a work refusal under OHSA section 43
• I know the HCMI reporting requirements for injuries, critical injuries, and near misses
• I have a copy of the Construction Regulation (O. Reg. 213/91) and am familiar with its requirements for my trade area
• I conduct documented toolbox talks at the start of each shift
• I complete documented weekly site safety inspections
• I verify training documentation for all workers, including subcontractors, before they begin work
• I enforce PPE requirements and safe work procedures consistently, and I document corrective actions
• I know who the JHSC members are for this project and how to contact them
• I maintain a site-specific emergency plan and have reviewed it with all workers