Workplace Joint Health and Safety Committees and Health and Safety Representatives Guide

Workplace Joint Health and Safety Committees and Health and Safety Representatives Guide Corporate Policy and Agency Coordination Division HR Policy and Planning Branch October 2013 S a f e t y R e p r e s e n t a t i v e s G u i d e 1

Table of Contents 1. INTRODUCTION... 2 2. PURPOSE... 3 3. DEFINITIONS... 4 4. Joint Health and Safety Committees... 5 4.1 Membership... 5 4.2 Terms of Office... 7 4.3 JHSC Functions... 7 4.4 Entitlements of JHSC Members... 11 4.5 Administrative Processes... 13 5. HEALTH AND SAFETY REPRESENTATIVES... 16 5.1 Health and Safety Representative Functions... 17 5.2 Entitlements of the HSRs... 19 6. JHSC/HSR Training... 21 7. RESOURCES... 22 CONTACT... 22 S a f e t y R e p r e s e n t a t i v e s G u i d e 1

1. INTRODUCTION The Ontario Public Service encourages the active participation of all employees in the prevention of injuries and occupational illnesses and the promotion of health and safety in the workplace. Vital to developing and maintaining healthy and safe workplaces is an internal responsibility system which recognizes the roles and responsibilities of all workplace parties (from employees to supervisors to the employer) and encourages joint participation in recommending solutions to health and safety issues. The Joint Health and Safety Committees (JHSCs) and Health and Safety Representatives (HSRs) support the internal responsibility system in the workplace. JHSCs and HSRs are most effective when representatives of management and the bargaining agents are committed to cooperating fully in their respective roles. All certified trade unions (hereafter referred to as bargaining agents who include associations) have the opportunity to participate in the selection of worker members on a JHSC and HSR under section 9(8) and 8(5) of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1 as amended (OHSA). The worker members selected to be on a JHSC and HSRs represent the health and safety concerns of all workers in that workplace. JHSCs and HSRs are required at the following workplaces: Number of OHSA Requirement workers at the workplace 1 to 5 A JHSC or a HSR is not required unless the workplace uses designated substances. 6 to 19 A HSR is required. If the workplace uses designated substances, a JHSC must be established. 20 to 49 A JHSC is required and must include at least two (2) members. 50 plus A JHSC is required and must include at least four (4) members. S a f e t y R e p r e s e n t a t i v e s G u i d e 2

For the purpose of determining the need for a HSR or JHSC, the number of workers at the workplace shall be calculated as the combined total of all workers regularly employed on all shifts at the workplace. In some cases, contract workers may need to be counted when determining the need for a HSR or JHSC. Any amendments to the Occupational Health and Safety Act will be incorporated into this guide. 2. PURPOSE The purpose of this guide is to outline the formation, function, and administrative processes for workplace level Joint Health and Safety Committees (JHSCs) and Health and Safety Representatives (HSRs). This guide shall not amend, alter, subtract from, add to or qualify in any way, the Occupational Health and Safety Act (OHSA) or any terms of collective agreements between the recognized bargaining agents of the OPS and Management Board of Cabinet. This guideline outlines the minimum requirements of the OHSA, and in some cases, suggested practices are provided which exceed the minimum requirements. The purpose of these suggested practices is to outline administrative processes that facilitate the effective functioning of JHSCs/HSRs in the workplace. The OHSA does not provide details on how a JHSC should operate but it does establish key requirements for the committee. It can be helpful for a JHSC to create a terms of reference to describe the purpose and structure of the committee, and to help keep the committee on track. This guide can be used to help develop a terms of reference. S a f e t y R e p r e s e n t a t i v e s G u i d e 3

3. DEFINITIONS Bargaining Agent: a certified trade union (includes associations). Certified Member: Joint Health and Safety Committee member who has undergone certification training as per the requirements prescribed by the Chief Prevention Officer of the Ministry of Labour. Until April 1, 2012 the Workplace Safety and Insurance Board was authorized to certify committee members under the Workplace safety and Insurance Act, 1997 (WSIA). As of April 1, 2012, the Ministry of Labour s Chief Prevention Office has been authorized to certify members under the OHSA [clause 7.6(1)(b)]. Any person who was certified under the WSIA before April 1, 2012 is deemed to be certified under the OHSA. Designated Certified Member: one JHSC member representing workers, who has taken certification training and is selected in advance, by the worker members of the JHSC, to exercise the rights and duties of a certified member under the Occupational Health and Safety Act. Health and Safety Representative: a worker whose position is classified in a bargaining unit, is employed by the Ministry at a workplace (with between 6 and 19 workers) and who is selected by a bargaining agent(s) to be the representative for that workplace. Joint Health and Safety Committee: a committee as constituted under the OHSA. Management Member: a worker employed by the Ministry who exercises managerial functions. Regularly employed: includes permanent full-time workers (i.e., regular), permanent part-time workers (i.e., regular part-time), and seasonal workers with a predictable recurring period of employment that exceeds three months. Includes field workers who spend large portions of their time away from head office. Includes fixed-term workers who are under the direct supervision of and report to the employer at the workplace where work is performed and the position that is being filled lasts longer than three S a f e t y R e p r e s e n t a t i v e s G u i d e 4

months. May also include casual, on-call workers where the fixed-term contract exceeds three months. Worker: a person who performs work or supplies services for monetary compensation but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program. Includes workers who exercise managerial functions. Worker Member: a worker whose position is classified in a bargaining unit, who is employed by the Ministry at that workplace and who is selected by a bargaining agent(s) to be a member of the JHSC. Workplace: any land, premises, location or thing at, upon, in or near which a worker works. 4. Joint Health and Safety Committees A joint health and safety committee (JHSC) is composed of worker and employer representatives who are committed to improving the health and safety conditions of the workplace. The employer provides assistance and cooperation to the JHSC in carrying out their functions. 4.1 Membership OHSA Requirement Selection of Members At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions [s. 9(7)]. In order for the JHSC to be able to function efficiently, effectively and achieve a consensus on issues, it is suggested that the committee size not exceed a combined total of eight management and bargaining unit members. Where a workplace has a wide range S a f e t y R e p r e s e n t a t i v e s G u i d e 5

OHSA Requirement The members of a committee who represent workers shall be selected by the bargaining agent(s) [s. 9(8)]. of operations and associated hazards, this number may be exceeded to represent the health and safety concerns of the entire workplace. Management should not influence the selection of worker members. Where there is more than one bargaining agent in the workplace, the bargaining agents shall select the worker member(s) to represent health and safety concerns of all workers in the workplace. Nonbargaining agent workers may also select a worker member from amongst the excluded workers in the workplace. The members of a committee who represent management shall be selected by the employer [s. 9(9)]. A member who ceases to be employed at the workplace ceases to be a member of the committee [s. 9(10)]. Co-Chairs Management and worker members on the JHSC shall each respectively designate one management co-chair and one worker co-chair [s. 9(11)]. Certification At least one management and one worker member must become certified [s. 9(12), 9(14)]. NOTE: There is a long-standing agreement with OPSEU that their worker members can be certified via the Workers Health and Safety S a f e t y R e p r e s e n t a t i v e s G u i d e 6

OHSA Requirement Centre. One or more designated certified worker member(s) will be selected, in advance, by the bargaining agent or worker members of the JHSC and shall then become entitled to exercise the rights and duties of a certified member [s. 9(15)]. One or more designated certified management member(s) will be selected, in advance, by employer and shall become entitled to exercise the rights and duties of a certified member [s. 9(16)] Posting of Names The names and work locations of the committee members must be posted in a conspicuous location in the workplace [s.9(32)]. The CEHSW JHSC Membership List template is available for use. 4.2 Terms of Office The Ministry of Labour recommends a term of at least one year. Where possible, terms should be staggered to allow continuity and vacancies should be filled as quickly as possible. 4.3 JHSC Functions OHSA Requirement Inspections A worker member of the committee shall inspect the physical conditions Where practical, the worker member should be accompanied by a S a f e t y R e p r e s e n t a t i v e s G u i d e 7

OHSA Requirement of the workplace at least once per month (or if it is not practical to inspect the entire workplace each month, a portion thereof shall be inspected each month such that the entire workplace is inspected once per year) [s. 9(23), 9(26), 9(27)]. The inspections shall be undertaken in accordance with a schedule developed by the JHSC [s. 9(28)]. management person (e.g., the person responsible for the workplace being inspected or a management member on the JHSC). The inspection results should be recorded and the inspection report should be sent to the senior manager or designee of the workplace as soon as practical after the inspection. The inspection report should also be provided to the committee for its review and consideration. The CEHSW JHSC-HSR Workplace Inspection Report Form template is available for use. When a JHSC member is contacted by a worker regarding a health and safety concern, it is recommended that the JHSC verify whether the worker has reported the hazard to their supervisor. The inspection schedule should be agreed to by the supervisor of the worker member so that it does not conflict with operational requirements. Permission will not be unreasonably withheld. The CEHSW JHSC-HSR Workplace Inspection Schedule template is available for use. Recommendations to Employer To identify situations which may be a source of danger or hazard to workers and to report findings or make recommendations for appropriate action and to follow-up The CEHSW JHSC-HSR Recommendation to Employer Form template is available for use. If a JHSC member identifies issues S a f e t y R e p r e s e n t a t i v e s G u i d e 8

OHSA Requirement on the status of the recommendations [s. 9(18)(a), 9(18)(b), s.9(19.1)]. which have ministry-wide or government-wide application, the management co-chair of the JHSC should report the issue to the HR Policy and Planning Branch and the Centre for Employee Health, Safety & Wellness, Ministry of Government Services. To recommend the establishment, maintenance and monitoring of programs, measures and procedures respecting health and safety in the workplace [s. 9(18)(c)]. Employer s Response to Recommendations The senior manager or designee who receives written recommendations from the JHSC or a JHSC co-chair shall respond in writing within 21 days to the JHSC [s. 9(20)]. The response shall contain a timetable for implementation of acceptable recommendations or give reasons for not accepting recommendations [s. 9(21)]. Management can use the CEHSW JHSC-HSR Recommendation to Employer Form template to respond to JHSC recommendations. Information To obtain health and safety information and reports from the Ministry as per the relevant sections of the OHSA [s. 9(18)(d), 25(2)(l)]. To obtain and review injury and illness notices [s. 51 and 52]. The employer provides the JHSC with a copy of all orders or reports issued to the employer by a MOL inspector S a f e t y R e p r e s e n t a t i v e s G u i d e 9

[s. 57(10)(a)]. OHSA Requirement A worker member of the JHSC shall review employer compliance plans for MOL orders and indicate agreement or disagreement when signing the notice or indicating that they have declined to sign the notice, or by attaching a signed statement of agreement or disagreement on the compliance notice [s. 59]. With respect to workplace violence, the JHSC shall be provided with the results of the risk assessment and in writing if available [s. 32.0.3(3)(a)]. Consultation To be consulted about the development and implementation of Workplace Hazardous Material Information System (WHMIS) training and instruction programs and the annual review of the workers familiarity therewith [s. 42(2), 42(3)]. To be consulted about designated substance assessments and the development of control programs [O. Reg. 490/09 s. 19(3) and 20(7)]. Attendance at Workplace Testing To be consulted about and have a worker member, designated by the worker members of the JHSC, present at the beginning of all workplace testing and hygiene monitoring program [s. 9(18)(f)]. S a f e t y R e p r e s e n t a t i v e s G u i d e 10

4.4 Entitlements of JHSC Members OHSA Requirement Time to Fulfil JHSC Duties In each workplace, one worker member of the JHSC, not necessarily the same member on each occasion, shall be afforded time from work to inspect the workplace once per month [s. 9(26)]. Members of a JHSC are entitled to: i. one hour pre-meeting preparation time, or such longer period of time the JHSC determines is necessary [s. 9(34)(a)]; ii. such time as is necessary to attend meetings of the JHSC [s. 9(34)(b)]; iii. such time as is necessary to carry out the member s functions [s. 9(34)(c)]; and iv. such time as is necessary to carry out the member s entitlements outlined in this section of the guideline. JHSC members shall be deemed at work when carrying out JHSC functions and entitlements, and shall be paid at the regular or premium rate as appropriate [s. 9(35)]. S a f e t y R e p r e s e n t a t i v e s G u i d e 11

OHSA Requirement Accompany MOL Inspector One worker member of the JHSC shall be afforded the opportunity to accompany a Ministry of Labour inspector during an inspection of the workplace [s. 54(3)]. If not available, another worker chosen by the union because of knowledge, experience and training shall be afforded the opportunity to attend. The JHSC worker members should determine in advance who this worker member shall be. If that worker member is not available, the manager/supervisor should contact the local bargaining agent representative or corporate bargaining agent office to request an alternate. A management person (e.g. person responsible for the workplace or a management member of the JHSC should accompany the Ministry of Labour inspector as well. Investigations One worker member, designated by the worker members of the JHSC, will be afforded the opportunity to investigate the circumstances where a worker from the workplace has been killed or critically injured, and will report his or her findings to the JHSC and the Ministry of Labour [s. 9(31)]. The JHSC worker members should determine in advance whom this worker member shall be. The findings should also be reported to the senior manager, or designee, of the workplace. Work Refusal Investigations A worker member of the JHSC shall be made available to be present at any investigation into a work refusal by a worker from the workplace and shall attend such investigation S a f e t y R e p r e s e n t a t i v e s G u i d e 12

OHSA Requirement without delay [s. 43(4)(a)]. Where a JHSC worker member is unavailable, a worker in the workplace who has knowledge, experience and training shall be selected by the bargaining agent(s) (or excluded workers if the refusing worker does not belong to a bargaining agent) to be present during the investigation of the work refusal [s. 43(4)(c)]. Bilateral Work Stoppage The designated certified member of the JHSC (chosen in advance by the worker members of the JHSC), along with a management certified member can, under specific circumstances, collectively order the employer to stop work that is dangerous to a worker [s. 45(4)]. 4.5 Administrative Processes OHSA Requirement Meetings JHSC meetings shall be held at least once every three months [s. 9(33)]. Every reasonable effort shall be made to schedule JHSC meetings to allow for attendance of all members and so as not to conflict with operational requirements. Permission to attend shall not be unreasonably withheld. The JHSC should establish their meeting quorum. At least one S a f e t y R e p r e s e n t a t i v e s G u i d e 13

OHSA Requirement management member and one worker member should be present, and the number of management members should not be greater than the number of worker members. Agenda An agenda, agreed upon by the cochairs, should be forwarded to all JHSC members in advance of scheduled meetings. The CEHSW JHSC Meeting Agenda template is available for use. Guest(s) With prior notice, and the consent of the co-chairs, one or more persons may be invited to attend a JHSC meeting, as a resource, to provide advice or expertise on specific items. Minutes The JHSC is responsible for maintaining minutes of committee meetings [s. 9(22)]. Minutes shall be posted within a reasonable period of time and maintained in the workplace so that they are available for review by a Ministry of Labour Inspector. All issues discussed, recommendations made, time frames and responsibility for action should be reported in the minutes. Minute of meetings should be signed by both co-chairs. Copies of the minutes shall be distributed as appropriate to: all members of the JHSC the senior manager, or designee, of the workplace bargaining agent(s). The CEHSW JHSC Meeting Minutes S a f e t y R e p r e s e n t a t i v e s G u i d e 14

OHSA Requirement template is available for use. Dispute Resolution If the committee has failed to reach a consensus about making a recommendations to the employer after trying to reach consensus in good faith to do so, either co-chair of the committee has the power to make written recommendations to the employer [s. 9(19.1)]. Items raised in JHSC meetings should be dealt with on the basis of consensus rather than voting - formal motions should not be used. S a f e t y R e p r e s e n t a t i v e s G u i d e 15

5. HEALTH AND SAFETY REPRESENTATIVES The health and safety representative (HSR) is a worker committed to improving the health and safety conditions in the workplace. The employer provides assistance and cooperation to the HSR in carrying out his/her duties. OHSA Requirement Selection of Health and Safety Representatives Where between 6 and 19 workers are regularly employed in a workplace, the bargaining agent(s) shall select a HSR from among the workers who do not exercise managerial functions of that workplace [s. 8(1), 8(5)]. Where there is more than one bargaining agent in the workplace, the bargaining agent(s) shall select one worker (whose position is classified in a bargaining unit) from that workplace to represent the health and safety concerns of all workers in that workplace. Management cannot influence the selection of the HSR. Alternatively, where agreement cannot be reached, each bargaining agent may select a HSR. The name and contact information of the HSR(s) should be posted in the workplace. A HSR who ceases to be employed by the Ministry at that workplace, shall be replaced by the bargaining agent(s) as soon as practicable. S a f e t y R e p r e s e n t a t i v e s G u i d e 16

5.1 Health and Safety Representative Functions OHSA Requirement Inspections To inspect the physical condition of the workplace (or part thereof) at least once per month [s. 8(6), 8(7)]. Where practical, the HSR should be accompanied by a management person (e.g. the person responsible for the workplace being inspected). The inspection results should be recorded and the inspection report should be sent to the senior manager or designee of the workplace as soon as practical after the inspection. The CEHSW JHSC-HSR Workplace Inspection Report Form template is available for use. When a HSR is contacted by a worker regarding a health and safety concern, it is recommended that the HSR verify whether the worker has reported the hazard to their supervisor. Recommendation to Employer To identify situations which may be a source of danger or hazard to workers and to report findings or make recommendations for appropriate action, and follow-up on the status of recommendations s.[8(10)]. The CEHSW JHSC-HSR Recommendation to Employer Form template is available for use. If a HSR identifies issues which have ministry-wide or government-wide application, the manager of the HSR should report the issue to the HR Policy and Planning Branch and the Centre for Employee Health, Safety & Wellness, Ministry of Government Services. S a f e t y R e p r e s e n t a t i v e s G u i d e 17

OHSA Requirement Employer s Response to Recommendations The senior manager or designee who receives written recommendations from the HSR shall respond in writing within 21 days [s. 8(12)]. The response shall contain a timetable for implementation of acceptable recommendations or give reasons for not accepting recommendations [s. 8(13)]. Management can use the CEHSW JHSC-HSR Recommendation to Employer Form template to respond to HSR recommendations. Information To obtain health and safety information and reports from the employer [s. 8(11)(c)]. To obtain and review injury notices [s. 51, 52]. The employer shall provide information and assistance the HSR may require for carrying out an inspection of the workplace [s. 8(9)]. The employer shall provide the HSR with a copy of all orders or reports issued to the employer by a MOL inspector [s. 57(10)(a)]. With respect to workplace violence, the HSR shall be provided with the results of the risk assessment and in writing if available [s. 32.0.3(3)(a)]. Consultation To be consulted about the development and implementation of S a f e t y R e p r e s e n t a t i v e s G u i d e 18

OHSA Requirement Workplace Hazardous Material Information System (WHMIS) training and instruction programs and the annual review of the workers familiarity therewith [s. 42(2), 42(3)]. Attendance at Workplace Testing To be consulted about and be present at the beginning of all workplace testing and hygiene monitoring program [s. 8(11)(a), 8(11)(b)]. 5.2 Entitlements of the HSRs OHSA Requirement Time to Fulfil HSR Duties The HSR shall be afforded time from work to inspect the workplace once per month [s.8(15)]. The timing of the inspection should be scheduled and will be agreed upon by the HSR and his/her supervisor so that it does not conflict with operational requirements of the workplace. The HSR shall be deemed at work when carrying out HSR functions and entitlements, and shall be paid at the regular or premium rate as appropriate [s. 8(15)]. Accompany MOL Inspector The HSR shall be afforded the opportunity to accompany a Ministry A management person (e.g. person responsible for the workplace should S a f e t y R e p r e s e n t a t i v e s G u i d e 19

OHSA Requirement of Labour inspector during an inspection of the workplace [s. 54(3)]. If not available, another worker, chosen by the union because of knowledge, experience and training shall be afforded the opportunity to attend. accompany the Ministry of Labour inspector as well. A HSR shall review employer compliance plans for MOL orders and indicate agreement or disagreement when signing the notice or indicating that they have declined to sign, or by attaching a signed statement of agreement or disagreement on the compliance notice [s. 59]. Investigations The HSR will be afforded the opportunity to investigate the circumstances where a worker from the workplace has been killed or critically injured, and will report his or her findings to the Ministry of Labour [s. 8(14)]. The findings should also be reported to the senior manager, or designee, of the workplace. Work Refusal Investigations The HSR shall be made available to be present at any investigation into a work refusal by a worker from that workplace and shall attend such investigation without delay. If not available, another worker, chosen by the union (or by the excluded workers if the refusing worker does not belong to an union) because of knowledge, experience and training shall attend. S a f e t y R e p r e s e n t a t i v e s G u i d e 20

6. JHSC/HSR Training OHSA Requirement JHSC members who are selected to be certified shall received training to fulfil the requirements for certification as prescribed by the Chief Prevention Officer of the Ministry of Labour [s. 7.6(1), 7.6(2)]. All JHSC members and HSRs should be provided with orientation to their roles and responsibilities under the OHSA. S a f e t y R e p r e s e n t a t i v e s G u i d e 21

7. RESOURCES OPS Wellness JHSC/HSR Toolkit: You will find templates for the following on MyOPS under the Centre for Health Safety, and Wellness: HSR Contact information JHSC Membership List JHSC Meeting Agenda JHSC Meeting Minutes JHSC-HSR Workplace Inspection Schedule JHSC-HSR Workplace Inspection Report Form JHSC-HSR Recommendations Form A Guide for Joint Health and Safety Committees and Health and Safety Representatives in the Workplace Ministry of Labour JHSC Certification Training Ministry of Labour Multi-Workplace Joint Health and Safety Committees CONTACT HR Policy and Planning Branch Corporate Policy and Agency Coordination Division Ministry of Government Services 416-325-1090 Email: HRPolicyTeam@ontario.ca Date Issued: October 2013 S a f e t y R e p r e s e n t a t i v e s G u i d e 22