Roles, Rights, and Responsibilities

The Right to Know About Hazards in the Workplace

All workers in British Columbia have a right to know about hazards in the workplace.

When it comes to crane and hoisting operations where risks are high, it’s important that not only the crane operators are aware of the associated hazards, but also workers in close proximity, who may not be working directly with the crane crew.

Trades who may be affected by crane operations are encouraged to review basics through resources such as BC Crane Safety’s Toolbox Talks.

Employers have the responsibility to communicate known or foreseeable hazards to their workers who may be exposed.

Here are some common examples of how an employer can effectively communicate hazards in the workplace and ensure that workers are retaining the information: 

Host company onboarding orientations and site-specific orientations to convey large amounts of information at a time.
Provide and maintain occupational health and safety (OHS) manuals to support a comprehensive health and safety program and advise employees of risks, instructions, education/training requirements, and procedures.
Get workers involved in the writing and editing of Job Hazard Analyses, Safe Work Practices, and Safe Job Procedures to outline in detail how to complete tasks safely.
Post and discuss inspection results, including WorkSafeBC Inspection Reports (IRs), to help inform workers about what hazards may have been found and what the corrective action plan may be.
Provide and document appropriate training to ensure workers are aware of the hazards of the workplace and their tasks when working with or around hazardous materials or equipment. Some examples include training for equipment operation, rigging, fall protection, ergonomics, handling asbestos, and the Workplace Hazardous Materials Information System (WHMIS).
Support workers’ right to know about hazards in the workplace with good supervision. Have an experienced and qualified individual oversee the day-to-day operations and provide their skills and experience to boost worker confidence.

The Right to Participate in Health and Safety Activities in the Workplace

Identifying and resolving workplace safety concerns is particularly important in high-risk sectors such as crane operations.

Employers are required to allow workers to have input on steps to ensure health and safety in the workplace.

The Workers’ Compensation Act, Part 2, Division 4, Section 21 General Duties of Employers (2)(b)(i) states, “Every employer must ensure that the employer’s workers are made aware of all known or reasonably foreseeable health or safety hazards to which they are likely to be exposed by their work…”.

Here are some examples of how you can be involved in the process:

Report to your supervisor any hazards, concerns, or suggestions for improvement you may have about your safety processes or procedures.
Participate in inspections and/or investigations at your workplace.
Consider taking on a role as the health and safety representative for the workplace or becoming a member of the Joint Occupational Health and Safety Committee, whichever is applicable depending on your organization’s size and regulatory requirements.

It’s important to note that workers are protected from prohibited action such as disciplinary action, suspension or dismissal, demotion, reduction in wages, etc. for participating in health and safety activities. This is outlined in the Workers’ Compensation Act and the OHSR Part 3, Section 3.13 No Prohibited Action.

The Right to Refuse Unsafe Work

When working in B.C., employees have a protected right to refuse unsafe work. This is not only a right but a responsibility to establish and maintain a safe work environment for everyone. 

While unsafe conditions can be complicated, the process to refuse unsafe work is quite simple.

Step 1: The unsafe work/task/condition needs to stop immediately and be reported to your supervisor or employer. State your concerns so your supervisor or employer can respond or fix the issue. If your supervisor or employer does not agree the task is unsafe, they must report that back to you and explain why. 

Step 2: If you and your supervisor or employer cannot mutually agree the task is unsafe, an investigation must be started involving one of the following options: 

A worker representative of the Joint Health and Safety Committee or a worker health and safety representative,
A worker selected by your union, or
A worker chosen by the person who reported the task or condition as unsafe.

Step 3: If the matter is still unresolved after the first two steps, WorkSafeBC is to be contacted, and a prevention officer will investigate and initiate any appropriate actions.

In any refusal of unsafe work situation, employers are prohibited by law from penalizing workers for raising a health and safety issue.

Employers are also required to provide written notice of an unresolved refusal of work to any other worker who is given that task.

And finally, employers are also required to provide written notice of the reassignment of refused work to the company’s Joint Health and Safety Committee, worker health and safety representative or the union.

These requirements can be found in WorkSafeBC’s Occupational Health and Safety Regulation (OHSR).

WorkSafeBC: Refusing Unsafe Work

Supervisor Responsibilities

Supervisory roles are crucial on jobsites to make sure production flows smoothly and workers stay safe.

But before we review the roles and responsibilities of a supervisor, it’s important to define who is a supervisor.

WorkSafeBC defines a supervisor as “a person who instructs, directs and controls workers in the performance of their duties”.

Supervisors do not necessarily need to have the word “supervisor” in their title to be considered a supervisor under this regulatory definition. Any worker, regardless of title, is a supervisor as long as they meet the definition above.

Supervisors are responsible not only for their own actions, but also for the actions and conditions under their watch that directly affect worker safety and their organization’s status and reputation.

Supervisors need to be knowledgeable about the specific jobs and tasks they perform and the tasks they instruct others to perform.

They also are required by the Workers Compensation Act to be knowledgeable about the occupational health and safety provisions and regulations applicable to the work being supervised.

Supervisors are responsible not only for their own actions, but also for the actions and conditions under their watch that directly affect worker safety and their organization’s status and reputation.

Setting up a supervisor for success requires a strong understanding of their key responsibilities to clearly define their role.

Basic supervisor responsibilities include: 

Ensuring the health and safety of all workers under their direct supervision. 
Knowing WorkSafeBC requirements that apply to the work under their supervision and ensuring those requirements are met. 
Ensuring that workers under their supervision are aware of all known hazards. 
Ensuring that workers under their supervision have the appropriate personal protective equipment and that it is being used properly, regularly inspected, and maintained. 
Complying with OHS provisions, applicable regulations, and any orders issued by the regulator. 
Consulting and cooperating with their organization’s Joint Occupational Health and Safety Committee or worker health and safety representative.  
Cooperating with the Board, officers of the Board and any other person carrying out a duty under the OHS provisions or regulations.

While the supervisor holds an incredible amount of responsibility, it is the supervisor’s employer who must make sure the right person is designated into the role.

WorkSafeBC defines “qualified” as “being knowledgeable of the work, the hazards involved, and the means to control the hazards, by reason of education, training, experience or a combination thereof.”

Supervisors and their employers should be able to clearly communicate and prove why a person is in their supervisory position. 

Employer Responsibilities

Employers hold an incredible amount of responsibility for their employees when it comes to regulatory compliance, regardless of the number of workers at the company.

The Workers’ Compensation Act, Part 2, Division 4, Section 21 General Duties of Employers (2)(b)(i)

General duties of employers are addressed in the Workers Compensation Act and WorkSafeBC regulation.

It’s important for workers and employers alike to clearly acknowledge and understand the responsibilities of the employer and not confuse them with those of supervisors, workers, or prime contractors.

Employers must: 

Establish and maintain an occupational health and safety program. 
Train their employees to do their work safely. 
Provide proper supervision and ensure supervisors have the necessary support and training to carry out health and safety responsibilities. 
Ensure adequate first aid equipment, supplies, and trained attendants are on site to handle injuries. 
Regularly inspect their workplace to make sure everything is working properly. 
Report to WorkSafeBC any work-related injury or disease that requires medical attention.
Investigate incidents where workers are injured or equipment is damaged, and submit the necessary forms to WorkSafeBC.

Additionally, employers must ensure extra attention is provided to workers who are determined to be a “young worker” or a “new worker” as defined by OHSR. 

A “young worker” is any worker under 25 years of age. 

A “new worker” is a worker who is: 

new to the workplace. 
returning to a workplace where hazards have changed in their absence. 
affected by a change in hazard to the workplace. 
relocated to a new workplace where hazards are different from the previous workplace.

A detailed new / young worker orientation with specific requirements listed in OHSR Part 3, Section 3.23 must be completed for these workers and kept on file.

Employer participation in Joint Occupational Health and Safety Committee meetings (or cooperation with the organization’s assigned health and safety representative) and incident investigations is a regulatory requirement, and a great way to show employees that their organization cares about the conditions, issues, and outcomes of their workers.

Owners and Prime Contractors / General Contractors

The owner of a worksite is responsible for the health and safety of their jobsite or property.

If the owner is also the employer, the responsibilities of both must be met to be compliant with the Workers’ Compensation Act and the OHSR.

Owner responsibilities include: 

Maintaining the premises in a way that ensures the health and safety of people working on the site.
Disclosing to employers or prime contractors the full details of any potential hazards in or around the workplace so they can be eliminated or controlled.
Complying with occupational health and safety requirements and orders.

For jobsites that have more than one employer working at the same time, a prime contractor (also known as a general contractor) is required to be named in an official written agreement determined by the owner.

The documented prime contractor of the jobsite absorbs full responsibility for coordinating health and safety activities at the jobsite for employers, workers, and anyone else involved at the worksite. 

In the absence of a documented agreement, the owner is considered to be the prime contractor.

It’s important to note that employers are still responsible for the health and safety of their own workers.

The prime contractor systemizes the health and safety of the multiple employers on the jobsite to ensure all trades are informed and able to carry out their work safely.

Prime contractors are additionally responsible for establishing and maintaining procedures to ensure occupational health and safety requirements and regulations at the jobsite they manage are being followed by their contractors.

While every person on a jobsite has distinct responsibilities when it comes to health and safety, ensuring the jobsite runs in compliance by all parties involved is the responsibility of the owner or prime contractor. 