Here’s what you need to know about supervisors’ duties under the OHS laws and regulations in your province:
FEDERAL: OHS law and regulations don’t spell out specific supervisor duties. But supervisors can be prosecuted for OHS violations either as “employers” or “workers.”
ALBERTA: OHS law and regulations don’t spell out specific supervisor duties. But supervisors can be prosecuted for OHS violations as “workers.”
BRITISH COLUMBIA: Supervisors must: (a) Ensure the health and safety of all workers under their direct supervision; (b) Be knowledgeable about the OHS law and regulations applicable to the work being supervised; (c) Comply with the OHS law, regulations and any applicable orders; (d) Ensure that the workers under their direct supervision (i) are made aware of all known or reasonably foreseeable health or safety hazards in the area where they work; and (ii) comply with the OHS law, regulations and any applicable orders; (e) Consult and cooperate with the joint committee or worker health and safety representative for the workplace; and (f) Cooperate with the WCB, officers of the WCB and any other person carrying out a duty under the OHS law or the regulations (Workers’ Compensation Act, Sec. 117).
MANITOBA: Supervisors shall: (a) So far as is reasonably practicable: (i) take all precautions necessary to protect the safety and health of a worker under their supervision; (ii) ensure that a worker under their supervision works in the manner and in accordance with the procedures and measures required by the OHS law and regulations; and (iii) ensure that a worker under their supervision uses all devices and wears all clothing and PPE designated or provided by the employer or required to be used or worn by the OHS law or regulations; (b) Advise a worker under their direct supervision of all known or reasonably foreseeable risk to safety and health in the area where the worker is performing work; (c) Cooperate with any other person exercising a duty imposed by the OHS law or the regulations; and (d) Comply with the OHS laws and regulations (Workplace Health and Safety Act, Sec. 4.1).
NEW BRUNSWICK: Definition of “employer” specifically includes supervisors. Employers shall: (a) Take every reasonable precaution to ensure the health and safety of their employees; (b) Comply with the OHS law, regulations and any order made in accordance with the OHS law or regulations; (c) Ensure that their employees comply with the OHS law, regulations and any order made in accordance with the OHS law or the regulations; (d) Ensure that the necessary systems or work, tools, equipment, machines, devices and materials are maintained in good condition and are of minimum risk to health and safety when used as directed by the supplier or in accordance with the directions supplied by the supplier; (e) Acquaint an employee with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent; (f) Provide such information, instruction, training and supervision as are necessary to ensure an employee’s health and safety; (g) Provide and maintain in good condition such protective equipment as is required by regulation and ensure that such equipment is used by an employee in the course of work; and (h) Cooperate with a committee, a health and safety representative and with any person responsible for the enforcement of the OHS law and regulations (Occupational Health and Safety Act, Sec. 9).
NEWFOUNDLAND/LABRADOR: OHS law and regulations don’t spell out specific supervisor duties. But regulations do say that when an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor, who shall ensure that appropriate action is taken, without delay, to prevent a worker being injured. (Occupational Health and Safety Regulations, Sec. 30(1)). They also say that when anything is wrong or apparently wrong with hoisting equipment or there’s doubt that a load can be safely hoisted, it shall be reported immediately to the supervisor, who then shall be responsible for determining the action to be taken (Occupational Health and Safety Regulations, Sec. 124).
NORTHWEST TERRITORIES/NUNAVUT: Supervisors are responsible for the proper instruction of workers under their direction and control and for ensuring that work is performed without undue risk (General Safety Regulations, Sec. 10).
NOVA SCOTIA: OHS law and regulations don’t spell out specific supervisor duties. But supervisors can be prosecuted for OHS violations as “workers.”
ONTARIO: Supervisors shall: (a) Ensure that a worker: (i) works in the manner and with the protective devices, measures and procedures required by the OHS law and the regulations; and (ii) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn; (b) Advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; (c) Where so prescribed, provide a worker with written instructions as to the measures to be taken for protection of the worker; and (d) Take every precaution reasonable in the circumstances for the protection of a worker (Occupational Health and Safety Act, Part III, Sec. 27).
PRINCE EDWARD ISLAND: OHS law and regulations don’t spell out specific supervisor duties. But supervisors can be prosecuted for OHS violations as “workers.”
QUÉBEC: OHS law and regulations don’t spell out specific supervisor duties.
SASKATCHEWAN: Supervisors shall ensure that the workers under their direction comply with the OHS law and any regulations made pursuant to the OHS law that apply to the place of employment (Occupational Health and Safety Regulations, Sec 17(2)).
YUKON: Supervisors shall be responsible for: (a) The proper instruction of workers under their direction and control and for ensuring that their work is performed without undue risk; (b) Ensuring that a worker uses or wears the equipment, protective devices or clothing required under the OHS law or by the nature of the work; (c) Advising a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; and (d) If so prescribed, providing a worker with written instructions as to the measures and procedures to be taken for the protection of the worker (Occupational Health and Safety Act, Sec. 7).
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