Monday, April 2, 2018

Consolidation regulations of Manitoba

http://web2.gov.mb.ca/laws/regs/index.php

W210 The Workplace Safety and Health Act
Title of Act/Regulation Consolidated Regulation Date
Administrative Penalty Regulation 89/2014 29 March 2014 
Operation of Mines Regulation 212/2011 24 December 2011
Workplace Safety and Health Regulation 217/2006 11 November 2006
Amendments
147/2010 30 October 2010
107/2011 16 July 2011
165/2012 29 December 2012
90/2014 29 March 2014

Monday, March 26, 2018

Employing young workers

Tips for supervisors 
Remember your first few days on the job? 

How much did you know then? 

How much were you taught by your supervisor? 

Legislation 
Section 4.1 of Manitoba’s Workplace Safety and Health Act (WSH Act) outlines your duties as a supervisor. The law says that you, as a supervisor must: 
  1. Ensure that all workers work in accordance with the provisions of the WSH Act and its Regulations. 
  2. Ensure that your workers use protective devices and wear the required personal protective equipment.
  3. Let your workers know about any potential or actual dangers in the workplace that you are aware of.
  4. Take every precaution reasonable in the circumstances for the protection of workers under your supervision. 
Did You Know? 
… that every year more than 7000 young workers aged 15-24 report injuries to the WCB (Source: Workers Compensation of Manitoba) 
… that young male workers are almost twice as likely to be injured on the job than any other group? 
… that young workers are often unable to recognize hazards? 
… that young workers tend not to ask questions because they want to make a good impression and look “smart”?
… that young workers are an asset to your workplace – with fresh eyes, new ideas and good questions to ask? 
… that, as a supervisor, you are legally responsible for your workers? 
… that Manitoba students are learning about their rights and responsibilities in the workplace? 
… that if you fail to comply with the WSH Act, you could be subject to prosecution? 

Here’s what you need to do… 

  • Spend more time explaining the job, providing training and supervising young and new workers.
  • Set and explain safety rules and ensure everyone follows them.
  • Ensure all hazards are explained and thorough job-specific safety training is provided before the work is assigned.
  • Explain the importance of prompt reporting of unsafe conditions and health and safety concerns. Ensure they know it is a priority for you and tell them how to report the hazard so you can act on it immediately.
  • Make yourself available to answer questions and provide advice 
  • Lead by example: wear required protective devices and always reinforce safety on the job 
  • Establish and maintain open lines of communication 

Are you a new supervisor? 
Get training in Manitoba’s safety and health legislation and in the hazards in your workplace. The WSH Act requires employers to appoint competent supervisors: knowledgeable about the work and hazards of the jobs they are supervising.

For general requirements or questions about workplace safety and health, you can call Client Services at (204) 945-3446 or visit the website at http://www.gov.mb.ca/labour/safety/ 

For more information about young workers go to https://www.safemanitoba.com/Pages/default.aspx 

SAFE WORK 
S SPOT THE HAZARD
A ASSESS THE RISK
F FIND A SAFER WAY
E EVERY DAY

Tips for supervisors 
Starting points… 
This list, though not comprehensive, outlines information you should cover with your young workers. 

  • Everyone is entitled to work in a healthy and safe work environment. 
  • Everyone has the responsibility to contribute to making and keeping the workplace safe.
    Discuss: 
  • Asking for help when they are unsure. 
  • Proper equipment operation including the mandatory use of guards and lock-out systems. 
  • Emergency procedures including the location of first aid, fire exits, extinguishers and eye wash stations. • How and when to use personal protective equipment. 
  • Your company’s health and safety rules. 
  • Correct lifting techniques. 
  • Good housekeeping practices.
    Training techniques: 
  • Because people learn differently, use a variety of training techniques with your young worker. 
  • Guide your young worker through resources for health and safety information. 
  • Schedule sufficient time in the appropriate learning environment. 
  • Be hands-on, evaluate their learning and give them feedback. 

Bright ideas
 


  • Host a new worker welcoming get together to celebrate their arrival.
  • Give a guided tour of the entire workplace. 
  • Introduce new young workers to key people in the organization. This may include the Health and Safety Manager, Health and Safety Committee members or Health and Safety representatives. 
  • Use articles and other information about workplace injuries and deaths that have occurred in other workplaces to reinforce the health and safety message. 
  • Continually reinforce the importance of health and safety. 
  • Put stickers on equipment warning young workers they shouldn’t use it without training or supervision. 
  • Pair up your young worker with an experienced, safety-conscious worker. 
  • Recognize safe work practices and if safety rules are not observed, find out why. 

Bottom line 

YOU have direct responsibility for the safety of your workers, but also a unique opportunity to be a role model for young workers just starting out. Be a part of creating tomorrow’s safe and healthy workforce.

To determine specific rights and obligations under the laws regulating workplace health and safety, the reader is directed to the provisions of the Workplace Safety and Health Act and the Regulations made under that statute.

Monday, March 19, 2018

Developing a Workplace Safety and Health Program

Work Safe Bulletin: No. 220, December 2002: Developing a Workplace Safety and Health Program https://www.safemanitoba.com/Resources/Pages/bulletin-220.aspx

Monday, March 12, 2018

Manitoba employment standards: an introduction

Resources 

Employment standards code
  • Outlines laws on minimum wage – hours of work, holidays and other workplace benefits 
  • Laws are administered by a neutral party, the Employment Standards Branch of the Department of Labour 
  • The Branch also investigates complaints of violation 

Who is not covered?
  • Self-employed people 
  • Parts of the code do not apply to certain categories of workers including: 
    • Agricultural workers, Sitters, Professionals, Part-time domestic workers, Crown employees, Family members in a family business, Temporary election workers 
  • Industries under federal jurisdiction 

Employee pay 
  • As of October 1, 2017, the minimum wage is $11.15 
  • Equal pay for men and women doing substantially the same work in the same establishment 
  • Employee must be paid at least twice a month and within 10 working days after the end of each pay period 
  • Employee must be paid within 10 working days of termination
  • Deductions can be only those authorized by law or specifically consented to by the employee 
    • Unions negotiate deductions 
    • CPP contributions mandatory 

Overtime 
  • Standard work hours o 8 hours per day 
    • 40 hours per week
      • Unless exemptions are made through collective agreement 
  • If employee works more hours than this 
    • Overtime pay must be paid at a rate of 1.5 regular pay or 
    • Paid time off given at 1.5 times number of hours (time off must be taken within 3 months of overtime unless agreement in writing to extend beyond 3 months) 

Minimum age of employment 
  • If child under 16, permit must be obtained 
    • Signed by parent or guardian and employer
    • If during school year, also signed by principal 
    • Babysitters not covered 

Vacations 
  • All employees covered by code, entitled to annual vacations with pay 
  • For each year worked for same employer, 2-week paid vacation 
  • After 5 years, 3 weeks 
  • For two weeks, allowance is 4% of gross wages (excluding overtime) 
  • For three weeks, allowance is 6% of gross wages (excluding overtime) 
  • Employer must pay the vacation allowance by last working day before vacation begins
    • Other arrangements can be made as long as the employee agrees to them 
  • If employee terminated before vacation, accrued allowance must be paid 
  • If no agreement can be made on annual vacation dates, employer must give 15 day notice of the date that employee’s vacation will begin 
  • Employee must take vacation at that time
  • Employer cannot ask employee to take less than one week of vacation at one time 

General holidays 
  • New Year’s Day
  • Louis Riel Day (3rd Monday in February)
  • Good Friday 
  • Victoria Day 
  • Canada Day 
  • Labour Day 
  • Thanksgiving Day 
  • Christmas Day 

Maternity leave 
  • 17 weeks unpaid leave, if worked for same employer for 7 months 
  • May begin any time during the 17 weeks before expected delivery date and end no later than 17 weeks after delivery date 
  • After that, parental leave is available for up to 37 weeks
  • Mothers must have employer agree to an arrangement where she takes parental leave at any time other than right after maternity leave 
  • Father can take parental leave any time with 52 weeks of the child’s birth or adoption
  • Written notice is required at least 4 weeks before the beginning of parental leave
  • Employees may end his or her maternity/parental leaves early by giving 2 weeks or 1 pay period notice before the day she/he wishes to return
  • Must be reinstated to former position or a similar position at same or higher wage
  • Paid maternity/parental leave is federal jurisdiction 

Entitlements
  • At least 30 minutes unpaid meal break for every 5 hours worked 
  • 1 day off/week (some exceptions, e.g. home care) 
  • Employees must be paid a minimum of 3 hours of pay if called in on non-working day (for those who normally work more than a 3 hour day) 
  • If required to begin or end work between midnight and 6 a.m., employer must cover cost of adequate transportation to work or place of residence

Discretionary 
  • Coffee breaks 
  • Sick days
  • Compassionate bereavement leave
  • August Civic Holiday 
  • Easter Sunday 
  • Boxing Day

Termination
  • Notice usually at least 1 pay period in advance except when:
    • Occurs within first 30 days of employment
    • If different notice practice established 
    • If employment for a specific length of time or task 
    • Violence or other inappropriate behaviour

Protection 
  • Employers cannot threaten to or actually suspend, terminate or restrict employees or layoff or discriminate for the following reasons 
    • Garnishment proceedings against employee
    • Filing a complaint under the code 
    • Giving evidence or information under the code 
    • Statements of disclosure under the code 
    • Refusing to work on a Sunday

Monday, March 5, 2018

Privacy law in Manitoba

FIPPA – Freedom of Information and Protection of Privacy Act 

PHIA – Personal Health Information Act 

Why – Privacy law 

  • 1980 – OECD Fair Information Practices 
  • European Union – 1990s – principles enshrined
  • Canadian Standards Association – model code for the protection of personal information – 10 principles 

FIPPA “Public Bodies” covered 

  • Provincial Government Departments and Government Agencies
  • Local Government Bodies 
    • Municipalities 
    • Northern Affairs Councils
    • Conservation and Planning Districts
  • Health Care Bodies
    • Regional Health Authorities 
    • Hospitals 
  • Educational Bodies 
    • School Divisions/School Districts
    • Universities 
    • Colleges

PHIA “Trustees” covered
 

  • Public bodies under FIPPA
  • Licensed, registered or designated Health Professionals 
  • Health care facilities 
    • Hospitals, Personal care homes 
  • Health services agencies 
    • VON, We Care, Lab/X-Ray Clinics, Cancer Care, Community clinics 

Definitions 

  • FIPPA 
    • Record 
      • Electronic, handwritten, photo, fax, e-mail
    • Personal Information 
      • Recorded about an identified individual – name, address, belief, numbers assigned 
    • Limits
      • Court system, exam question, behalf act 
    • Exercising the rights of another person 
      • Parents, guardian, child can act under minor requires privacy, based upon their maturity 
  • PHIA 
    • Personal Health Information
      • Records identification number 
    • Health Care
      • Provision 
    • Exercising the rights of another person 
      • Require rights, judgement, be compatible on someone else’s behalf

Access 
  • Rights under FIPPA
    • Prescribed form, time frame and fees 
    • Section 17 and Section 30 
    • Correction 
  • Rights under PHIA 
    • Requesting one’s own personal health information
    • Section 11 
    • Correction 
FIPPA Board applies to all information. Within 30 days, they can give you access to anything any public body has on you. 


Privacy 
  • Provides for privacy and confidentiality by imposing some restrictions on the: 
    • Collection
    • Use
    • Disclosure 
    • Retention, and 
    • Destruction 
  • Of personal/personal health information 

Privacy limitations 
  • Less is Best – Public Bodies/Trustees/Organizations should only collect, use and disclose the minimum amount of information for an identified purpose
  • Employee access should be limited to and based on the need to know principle 

10 privacy principles
  • Accountability
  • Identifying purposes
  • Consent
  • Limiting collection
  • Limiting use, disclosure, and retention
  • Accuracy
  • Safeguards
  • Openness 
  • Individual access
  • Challenging compliance 

Accountability 
  • Responsible for the information under the organization’s control 
    • FIPPA – Access and Privacy Officer; Access and Privacy Coordinator 
    • PHIA – Privacy Officer 
  • Responsibility assigned, know legislation, rights responsibility
  • Any information in the profession, custody or control of the organization 
    • Inside or outside of organization 
  • If in custody of a 3rd party, ensure confidentiality by contract 
    • Clauses bounded rules 
  • Policies, procedures to protect, an internal review process, training

Identifying purposes
  • Notice – FIPPA/PHIA 
    • Orally or in writing
  • Why was the personal information collected?
  • Explanation 
    • Re use or disclosure 
    • How will this information be shared? 

Consent 
  • Required for collection, use and disclosure
    • Exceptions – FIPPA/PHIA 
  • At time of collection 
  • Informed consent 
    • Explicitly specified and legitimate purposes 
    • Time limited 
    • Ability to withdraw 
  • Forms of consent
    • Written/oral 
    • Check-off box
    • Implicit/Explicit 
      • Don’t want information
      • Need consent 

Limiting collection 
  • To the necessary information for purpose identified
  • By fair and lawful means
  • Collection with consent

Authorized collection without consent 
FIPPA – Section 37 
  • While determining eligibility
  • Time and circumstances
  • Harm 
  • Inaccurate information
  • Law enforcement 
  • HR activities 
  • Parole/Probation
  • Enforcing maintenance orders
  • Auditing, evaluating programs
  • Informing Public Trustee/Vulnerable Persons Commissioner 

PHIA – Section 14(2)
 
  • Endanger the mental or physical health or safety of individual or another person 
  • Time and circumstances 
  • Inaccurate information
  • Court order or another Manitoba or Federal Act 

Limiting use, disclosure, and retention 
Use 
  • Sharing within an organization 
  • For the purpose it was collected 
  • Other authorized purposes – FIPPA/PHIA 

Authorized use without consen
FIPPA – Section 43 
  • For the purpose identified at collection 
    • Consistent purpose – Section 45 
  • For the reason it was disclosed to the program 

PHIA – Section 21
 
  • For the purpose directly related to what was identified at collection 
  • To prevent or lessen a serious or immediate threat 
  • Authorized by a Manitoba or Federal Act 

Disclosure
 
  • Sharing outside the organization’s boundaries 
  • With consent or with authorization
  • FIPPA/PHIA 

Authorized disclosure without consent 
FIPPA – Section 44 
  • For the purpose identified at collection 
  • Complying with acts/treaties/arrangements/agreements 
  • Authorized/required by federal/provincial Act 
  • Determining/verifying eligibility 
  • Protecting mental/physical health or safety 
  • Law enforcement 
  • Subpoena/Court order/Warrant 
  • Determining/collecting fine, debt, tax or payment owing 
  • Existing or anticipated legal proceedings 
  • If already public 

PHIA – Section 22
 
  • To a person who is providing or has provided health care 
  • To any person if disclosure is necessary to prevent/lessen a serious and immediate threat to 
  • Contacting a relative/friend of an injured/incapacitated or ill individual 
  • Authorized/required by federal/provincial act 
  • Complying with arrangement/agreement under provincial/federal law 

Retention 
  • Archives and Record Keeping Act 
  • Records Authority Schedules 
  • Records Management 

Destruction 
  • Do not destroy before retention period
  • In a manner that preservers the confidentiality 
  • PHIA – record of destruction 

Accuracy 
  • Accurate, complete, up-to-date 
  • Request for correction – FIPPA/PHIA 
    • Timeframes 
    • Recourse 

Safeguards 
  • Appropriate to the sensitivity of information 
  • Higher the sensitivity – higher the security
  • FIPPA – reasonable protection for personal information
  • PHIA 
    • Physical safeguards
      • E.g. locked filing cabinets/rooms 
    • Technical safeguards 
      • E.g. passwords, secure networks, encryption
    • Administrative safeguards
      • E.g. policies, orientation/training, pledge 

Examples of insufficient security 
  • Lack of policies outline appropriate use and access by staff
  • Paper records stored in an area accessible by the public 
  • Improperly stored passwords 
  • Emailing personal health information over an unprotected network (i.e. Internet) without encryption
  • Providing personal health information over the phone without verifying the identity of the individual

Openness 
  • Name, title, address of Privacy Officer/Access and Privacy Coordinator 
  • Means of gaining access to personal information 
  • Description of the personal information held by the organization 
  • Access and Privacy Directory 
  • How personal information is shared with other organizations 
  • How is the information made available

Individual access 
Individuals must be informed of the existence, use and disclosure 
  • Access 
    • FIPPA application form 
    • PHIA orally or in writing 
  • Timeframe of a request 
    • FIPPA/PHIA 
      • 30 days 
    • Extension – FIPPA 
  • Fees 
    • No cost recovery 
  • Exceptions to access – reasons for refusal 
    • FIPPA 
      • Sections 17, 24, and 30
        • Another 3rd party’s privacy 
        • Harm to individual or public safety
        • Confidential evaluations 
    • PHIA
      • Section 11
        • 3rd party’s personal information
        • Identity of someone who provided information in confidence
        • Harm to individual or to public safety

Challenging compliance
  • FIPPA/PHIA 
    • Provincial Ombudsman 
  • Court of Queen’s Bench 
    • Only Access complaints The Provincial Ombudsman receives complaints and initiate investigations regarding said complaints. 
Privacy pyramid
The more sensitive the information, the higher the level of legislative protection 


Adoption Act: sensitivity, Manitoba 
Youth Justice Criminal Act: clear override, sensitive information, conviction principal only
Child & Family Services Act: absolute protection
Mental Health Act: Limited, Record created whilst in 
PHIA: January 2004, private sector only 
PIPEDA: Privacy policies 
FIPPA: personal information

Monday, February 26, 2018

Parents and Internet Access

Winnipeg Public Library 

Parents and Internet Access 
Winnipeg Public Library has purchased an Internet booking system to manage the thousands of Internet bookings it handles each month. This system will allow library users to use their Winnipeg Public Library card to book Internet time in advance. 

Parents of children and young adults 17 years and under can decide the type of Internet access they would like their children to have at Winnipeg Public Library. Parents must sign their children’s or young adult’s library card application. Parents can choose the options of No Internet Access or Filtered Internet Access Only on the library card application. If one of these options is not chosen the child or young adult will have Unfiltered Internet Access. If your child or young adult already has a library card you must contact your local library to let us know which of the options you want for your child. 

What type of Internet access does Winnipeg Public Library provide? 
All Children’s Services Internet Workstations use filtering software. Some Adult Services Internet workstations also are filtered, but most provide unfiltered access. 

What is a filter?
A filter is software which controls or limits access to Internet content. Winnipeg Public Library has chosen a filter which blocks chat on all workstations. The library also blocks access on children’s workstations in subject categories such as hate literature, extreme violence, and explicit sexual content. 

For more information look at the N2H2 Filtering Policy at the bottom of the screen on a filtered workstation.





A filter is not perfect. There is a 10-15% chance that the filter might not block material it was set up to filter. 

If I am on a Filtered Workstation what do I do if I have a concern about a site? 
You can email N2H2 and ask for a review of the site. WPL staff are not involved in this review. Just click on the Request Review on the Filtering Philosophy page.


Where can I look on the Internet for good sites for our family? 
The Winnipeg Public Library’s web site at http://www.winnipeg.ca/library/ is a good place to start. In the sections for Kids and Teens there are lots of selected sites. The For Parents and Caregivers site has links for further information regarding Internet safety.