Imagine a small landscaping business—the owner and four employees—working at a commercial property. One of the employees has returned for her third season. The other three employees are new hires. The owner reviews the work plan for the day and then leaves with one of the new hires to get set up at another job site.

Before leaving, the owner tells the other two new hires that the returning worker has done this type of work before and has experience with the equipment, so she can show them what to do if they have questions. Is the returning worker considered a supervisor in this scenario?

“Whether or not ‘supervisor’ is in your job title, you can be considered a supervisor if you have authority over a worker or if you are in charge of the workplace,” says Sean Hooper, Health and Safety Training Consultant with the Infrastructure Health and Safety Association (IHSA). The scenario described earlier is one that he has seen many times. “On a small crew, it’s common for the worker with the most experience to be left in charge,” he says. “This can become problematic when the worker left in charge does not fully understand their legal responsibilities as a supervisor.”

What the law says about supervisors

According to section 27 of the Occupational Health and Safety Act (OHSA), supervisors are responsible for:

• advising workers of any potential or actual dangers to their health and safety,
•  providing written instructions and procedures for their protection, and
• taking every reasonable precaution to protect workers.

“From a practical perspective, the supervisor’s job is to make sure that hazards have been identified, controls are in place, equipment and tools are being used correctly, and personal protective equipment (PPE) is being used properly,” says Sean.

 “How can someone recognize if a harness is connected properly or if a guard is in place when they have not been trained on the equipment themselves? How can they confidently identify all the potential hazards workers may face if they do not have experience doing hazard assessments or job tailboards?” he asks. “To supervise effectively, a person needs certain training and qualifications. They must be competent.”

Kristin Hoffman is a Health and Safety Consultant with Workplace Safety & Prevention Services (WSPS). She worries about the repercussions when a worker is appointed to a position of authority without the required knowledge or training. Like Sean, Kristin often sees workers promoted to a supervisory role because they are diligent and reliable. They may be very knowledgeable about shrubs and plants and do high quality work, but that does not mean they have all the necessary qualifications to supervise.

“The OHSA states that employers have a responsibility to appoint competent individuals as supervisors,” says Kristin. “And the legislation defines competent as someone who has the necessary knowledge, training, and experience to organize work and ensure its safe performance, is familiar with the OHSA and any regulations under it that apply to the work and has knowledge about any actual or potential health and safety hazards in the workplace.” This means that when an employer puts a worker in a supervisory position—even if only temporarily—that worker must have knowledge of their legal responsibilities, training on all the tools and equipment that will be used on the job site, and experience identifying and controlling hazards. “If asked by an inspector, the employer must have the records and documentation to prove that the supervisor meets these requirements,” says Kristin, referring to training records, hazard assessments or a job safety analysis (JSA), and written procedures.

3 tips for supervisor success

Think about which of your employees meet the legal definition of a supervisor, whether all the time or some of the time. To make sure they can do their job effectively, follow these three tips.

1. Train and educate. Give your supervisors the knowledge they need to meet the legislative requirements of competency. In addition to having experience in how to assign and complete the work, they should complete a supervisor training program that focuses on their legal responsibilities under OHSA.
2. Start with a hazard assessment or JSA. Before any work begins, train your supervisors on how to complete a hazard assessment or a job safety analysis. Break down the job into steps, identify the potential and actual hazards associated with each step, and implement controls. Going through this process will also help determine which tools are best for a particular task and when specific personal protective equipment is needed.
3. Get supervisors involved. When developing a safe work procedure, involve supervisors and get their input. This involvement will ensure supervisors have a solid understanding of the hazards, controls, and processes. It will also help them communicate the information to workers.

Find out more

Check out WSPS' Landscaper and Arborist Safety Centre for training options, compliance information, and free resources.

Use the Supervisor Log Book from IHSA to keep an organized record of daily events with daily log templates, safety talks, inspection checklists, a job safety analysis form, a due diligence checklist, and other essential resources.

Consulting

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

IHSA Safety Podcast

• The Competent Supervisor
• Duties of a Supervisor
• Supervisors: Identify and Address Hazards
• Documentation and Communication: Duties of a Supervisor

Videos

• What are the responsibilities of a supervisor under the OHSA? (WSPS video)
• Duties and Responsibilities (WSPS video)

Training

• Health & Safety Awareness Training - Ontario Supervisors – This free, interactive self-paced awareness eLearning course is designed to build awareness for supervisors around Health and safety in the workplace. It meets the Ministry of Labour, Immigration, Training and Skills Development’s Supervisor Awareness requirements as outlined in Ontario Regulation 297/13 of the OHSA.
• IHSA Basics of Supervising (in-person and online, instructor-led, 2 days)
• IHSA Supervisor – Communication Skills (in-person, 1 day)
• WSPS Supervisor Responsibilities and Due Diligence (available as an online instructor-led course or self-paced eCourse, 4 hours)

The information in this article is accurate as of its publication date