OHS in Manitoba

In Manitoba (MB), Occupational Health and Safety (OHS) is legislated through the Ministry of Labour and Immigration. As well as The Workplace Safety and Health Act there are 3 regulations: Workplace Safety and Health Regulation, Operation of Mines Regulation, and Administrative Penalty Regulation.

To determine the number of employees, average the number of full-time and part-time workers present each working day over the previous 12 months.

Employer’s duties under OHS 

To successfully manage safety and health in your workplace, you should first understand that as a business owner, you have obligations under the law. You must: 

• Ensure the safety and health of the people at or near your workplace
• Provide and maintain equipment, machines, and materials that are properly equipped with safety devices
• Provide information, instruction, training, supervision, and facilities to keep your workers safe
• Ensure that all workers are told about any health or safety hazards at your workplace
• Ensure that all workers know when and how to properly use all devices, equipment, and clothing required for their protection
• Conduct your business so that workers are not exposed to health or safety hazards
• Work with your safety and health representative if you have 5 or more workers
• Establish an occupational safety and health committee and program, if you have 20 or more workers
• Cooperate with anyone performing a duty or exercising a power under the Workplace Safety and Health Act and Regulations.
• Comply with the Manitoba Workplace Safety & Health Act and Regulations and make sure that your workers also comply
• Make your workers aware of their four basic rights:
  • The right to know of any hazards in the workplace
  • The right to participate—to identify and resolve issues
  • The right to refuse dangerous work
  • The right to carry out duties or exercise safety and health rights without being subjected to discriminatory action 

OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment & Bullying
Orientation & Training
Young Workers
Working Alone
Accessibility
First Aid
Emergencies, Hazards & Communicable Disease
GHS (WHMIS)
Return to Work

OHS POLICY 

If your business has five or more workers, you must develop a safety and health policy. 

A sample policy is available on the government website. CFIB members can also access a template Health and Safety policy in the Member Portal.  

As per the Workplace Safety and Health Act, the Health and Safety Policy must be reviewed at least annually.

OHS PROGRAM 

A Health and Safety System is required where there are 5 to 19 workers.  
 
A more elaborate Health and Safety Program must be in place for workplaces with 20 or more workers.  

Health and Safety SYSTEM (19 or fewer workers) 
CFIB helped create the Safety & Health Guide for Small Businesses. In Section 2 you will read about the parts of a Health and Safety System:

• safety & health policy
• working alone policy
• violence prevention policy
• harassment prevention policy
• safety & health checklist 

Safe work procedures must be written for all tasks in the workplace, taking into consideration:

• Musculoskeletal Injury (MSI) Risks – This includes repetitive motion, forceful exertion, awkward or sustained posture, vibration and mechanical compression.
  • Identify the source(s) of hazard, the body part(s) affected and the degree of risk.
• Job Hazard Analysis (JHA) – A systematic way of analyzing a job/task to identify all possible hazards and how to eliminate those hazards.
• Safe Work Procedures – A summary of the details identified in the JHA. 

Health & Safety PROGRAM (20 or more workers) 
Created with the help of your WS&H Committee, your WS&H Program should include: 

• Company’s safety and health policy statement
• Identify and control hazards
• Dealing with Emergencies
• Responsibilities
• Scheduling of Inspections
• Control Chemical and Biological Hazards
• Safeguard Contracted Employers or Self-Employed People at Your Workplace
• Training Plan
• Investigating Incidents and Refusals to Work
• Worker Involvement
• Evaluating Your Program 

COMMITTEES & REPRESENTATIVES 

Representative 
In Manitoba, workplaces with between 5 and 19 workers must have a safety and health representative. This representative must not be a manager or supervisor. The workers choose someone to represent them. 

The safety and health representative is the link through which you and your workers can work together on matters pertaining to safety and health in the workplace. The safety and health representative brings worker concerns to managers and business owners on behalf of all the workers. The role also includes: 

• cooperating with all workplace parties to identify hazards to safety and health, and to identify effective systems to respond to the hazards
• cooperating with all workplace parties to ensure compliance with safety and health requirements in the workplace
• receiving all matters and complaints with respect to workplace safety and health—and cooperating with the employer to investigate and promptly address these
• participating in inspections, inquiries, and investigations concerning safety and health in the workplace
• advising on individual protective devices, equipment, and clothing that best meet worker requirements, in keeping with the act and regulations
• advising the employer regarding any policy or program required by the Act and Regulations
• recommending improvements to safety and health of persons at the workplace—to the employer, the workers, and any person involved 

Representatives must have the same training as anyone on a committee.  

Committee 
Workplaces with 20 or more workers must establish a safety and health committee.  

Committees and representatives play an important role by providing input and advice to employers on safety and health matters. However, they are not responsible for managing safety and health in the workplace.  
 
The legal responsibilities of committees and representatives include:   

• making safety and health recommendations to the employer  
• dealing with the safety and health concerns of workers  
• participating in the development and promotion of safety and health precautions, as well as safety and health education and training programs  
• conducting regular workplace inspections  
• conduct safety and health investigations  
• co-operating with other people on workplace safety and health matters. 

You must post the names of your safety committee (or worker representative). Minutes of safety committee meetings must be posted and kept on file for 10 years. 

POSTERS, SIGNAGE, PRINTABLES 

You must post in a prominent place, accessible to all employees:

• A copy of the safety and health policy
• Harassment Prevention Policy and Procedures
• Violence Prevention Policy
• Minutes of Safety and Health Committee meetings (if applicable)

VIOLENCE, HARASSMENT & BULLYING 

Harassment:  
No matter the size of the workplace, or the type of business, all Manitoba employers must have policies and procedures in place to prevent and address harassment. 

The two types of harassment covered are: 

• Inappropriate conduct by a person made on the basis of race, religion, sex, marital status, disability, age, nationality, etc.
• Bullying actions that affect a worker's psychological or physical well-being. 

Normal and reasonable actions by managers and supervisors, including employee discipline, are not considered harassment. 

Your Harassment Prevention Policy must include: 

• Details on the rights and responsibilities of everyone in the workplace
• The procedures for dealing with complaints
• How everyone will be informed of the policy and how it will be monitored in the future. 

Develop your policy in consultation with your:  

• Safety and Health Committee (if you have 20 or more workers);
• Worker Representative (if you employ 5-19 workers); or  
• Employees (if you have 4 or fewer workers). 

Once your policy is done, share it with all employees and post a copy in a prominent location. 

Violence:  
Some workplaces must also have policies and procedures to address violence. Compulsory workplaces include: 

• Retailers that are open between the hours of 11:00 p.m. and 6:00 a.m.
• Licensed premises under The Liquor, Gaming and Cannabis Control Act
• Healthcare services
• Pharmaceutical-dispensing services
• Education services
• Financial services
• Law enforcement services
• Security services
• Crisis counselling and intervention services
• Public transportation (e.g., taxi cabs) 

Violence includes: 

• Attempted or actual exercise of physical force against a person.
• Threatening statements or behavior that gives someone reason to believe physical force will be used against them. 

Develop your Violence Prevention Policy in consultation with your:  

• Safety and Health Committee (if you have 20 or more workers);
• Worker Representative (if you employ 5-19 workers); or  
• Employees (if you have 4 or fewer workers). 

Key steps include: 

• Identify and assess the risk of violence,
• Establish plans to eliminate or minimize the risk,
• Outline how incidents will be reported and investigated,
• Train all staff. As the employer, you need to ensure that everyone complies with the policy. 

ORIENTATION & TRAINING 

Laying the groundwork with a solid orientation 

Start new workers, transfers from other work areas, and employee’s taking on a new-to-them task with a solid orientation. Cover information relevant to their safety and health, such as: 

• emergency procedures
• first aid facilities
• any restricted areas
• precautions needed to protect them from hazards
• any other safety and health procedures, plans, policies, and programs that apply to them 

A full list of training areas can be found in the New Worker Orientation and Training Guide.

When is training needed? 

Training is needed whenever you introduce new equipment, processes, or procedures into the workplace. Training is also needed whenever you have instances of unacceptable safety and health performance. 

Be aware of differences in language skills, literacy skills, and culture when communicating safety and health information. Adapt your communication style when necessary. 

Checklist for safety and health training for your workers 

• Education about workplace hazards and training on safe work practices and procedures
• Specific matters in the OH&S legislation and regulations that apply to the work being done—such as WHMIS or fall protection
• Your workplace safety and health plans, policies, and programs
• Legislative safety and health requirements that apply to the worker’s job, including information on workers’ rights and responsibilities under the Manitoba Workplace Safety & Health Act 

Checklist for safety and health training for your supervisors 
Include all of the training provided to workers, plus: 

• Applicable sections of the Manitoba Workplace Safety & Health Act and Regulations—including their roles, duties, and responsibilities for workplace safety and health
• Emergency procedures
• Coaching and motivation
• Any other matters pertaining to the safety and health of workers under their direction 

YOUNG WORKERS 

Young workers are defined as workers between 15 and 24 years of age.   

There are specific employment rules for young workers. For example, young workers cannot work during certain hours or in specific industries if they are under the age of 18. Please see the Government of Manitoba fact sheet for further information. 

Young workers in Manitoba aged 13 to 15 must take the Young Worker Readiness Certificate Course (YWRCC) before getting a job. The YWRCC will teach you the basics about workers' and employers' rights and responsibilities for safety, health and the employment relationship, and contains important information young workers need to know before entering the job market. 

WORKING ALONE 

If working alone is necessary, use a buddy system to check in with the worker whenever possible. 
 
The employer must identify risks to the worker when working alone and develop a safe work procedure in consultation with the worker. The employer must set up a communication system, using a reliable communication device, to monitor the worker's safety. The employer must determine how frequently the worker should be monitored based on the risks involved. 
 
Emergency situations should be considered when identifying risks to the worker and the control measures that should be in place. 
 
It is the responsibility of the employer to provide information, instruction, and training to ensure, as far as is reasonably practicable, the safety, health and welfare of the worker. 
 
Employers must comply with Part 9 of the Workplace Safety and Health Regulation which applies to working alone or in isolation. 

When an employee is working alone, an employer must:

• Provide safe equipment and tools, and training on how to use the equipment and tools safely
• Assign competent supervision to monitor the worker's safety, health, and welfare
• Identify risks in the job tasks and provide controls for each of the risks
• Develop a working-alone plan in consultation with the worker and safety and health committee or the safety and health representative
• Co-operate with Workplace Safety and Health Branch officers, who enforce the Workplace Safety and Health Act and Workplace Safety and Health Regulation
• Communicate to others, including prime contractors, contractors, tenants, landlords or others that may be affected by the work activity, that there will be a worker working alone  

ACCESSIBILITY  

Customer Service Standard: Businesses with at least one employee must set standards so employees provide positive and inclusive customer service to all, no matter the disability.   

Accessible Employment Standard: Businesses must establish plans to remove and prevent barriers that may affect current and future employees with disabilities. It applies to all full-time, part-time, seasonal and apprentice employees. Companies must have both of the following: 

• Workplace Emergency Response Information – Create emergency response information to help employees with disabilities stay safe during emergencies.
• Workplace Emergency Assistance – Ask employees who require assistance during an emergency for permission to share information with individuals who agree to help. 

FIRST AID 

Your workplace should have first aid kits and designated first aiders. The names of your first aiders should be posted in a visible location and your kits must be accessible. If your workplace has more than 100 workers, you will also require a first aid room that includes a bed, stretcher and sink among other first aid materials. 
 
The number of first aid kits required and the number of persons trained in first aid will depend on the size of your workplace, the type of work you do and the distance your workplace is from a medical facility. 

Personal first aid kits are for workers who work alone, in isolation, or who do not otherwise have readily available access to a workplace first aid kit. 

Basic first aid kits are more common and are suitable for most workplaces with a low-moderate risk work environment.

Intermediate first aid kits are suitable for workplaces with a higher risk work environment. 

As an employer you must provide, maintain, and keep readily accessible the type, size, and number of first aid kits as required by CSA Z1220-17, First aid kits for the workplace.  

Employers must maintain a list of the names and work location of each first aider and ensure that a copy of the list is provided upon request to a committee member or representative at the workplace and is posted in a conspicuous location at the workplace.  

To become a basic, intermediate or advanced first aider, a person must be certified by a Workplace Safety and Health–approved agency that holds the applicable valid qualifications as set out in CSA Z1210-17, First aid training for the workplace.  

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

There is no legal requirement to have an Emergency Response Plan, a Business Continuity Plan, a Communicable Disease Prevention Plan, or an Evacuation Plan, but having them is best practice. 

An Emergency Response Plan can be part of the OHS Program and documents essential procedures and reference lists. Having an emergency response plan will also help you draft a Business Continuity Plan, a document that identifies hazards, ways to minimize risk, and ensures the minimum disruption to your business during an emergency.

A Communicable Disease Prevention Plan can also form part of the OHS program, and provides guidelines for employees who have, or suspect they have, a communicable disease such as the flu. SafeWork Manitoba has a Guide to Creating a Communicable Disease Prevention Plan. CFIB members can access a template in the Member Portal.

We have information on our website regarding flood mitigation and the benefits of having a storm day policy. 

GHS (WHMIS) 

WHMIS (Workplace Hazardous Materials Information System) and GHS (Globally Harmonized System) are world-wide systems providing information on hazardous materials used in the workplace. Employees need to know how to work safely, but that doesn’t necessarily mean you need to implement costly training programs.

More information on WHMIS requirements in MB can be found in the Employer’s Guide to WHMIS. 

You can also find information on our website and the Canadian Centre for Occupational Health and Safety website.  

RETURN TO WORK  

Return to work is a standardized process for when an injured employee is ready to reintegrate back into the workplace. Returning to work is an essential part of the recovery process and can also help limit the impact a workers’ compensation claim has on your business if the injury is received at work. 

It is best practice to have a Return-to-Work Policy that clearly lays out the rights and responsibilities of both the employer and employee when injury occurs. 

CFIB Article: Return to Work: Be prepared. Save your business