CPO Approved Phoenix Joint Health and Safety Training

 

CPO APPROVED Phoenix JHSC Certification Training Program

A joint health and safety committee (JHSC) is made up of employee and employer Associates. Collectively, they ought to be mutually devoted to improving upon overall health and safety problems from the workplace. Committees discover probable wellbeing and basic safety troubles and convey them into the employer’s focus and have to be held informed of health and basic safety developments while in the office by the employer. At the same time, a specified employee member in the committee inspects the workplace not less than as soon as per month.

 What's the joint health and safety committee’s function?

  The committee is really an advisory body that can help to promote or raise recognition of health and fitness and safety difficulties while in the office, acknowledges and identifies office risks and develops suggestions with the employer to handle these pitfalls. To attain its objective, the committee retains typical meetings and conducts frequent place of work inspections and would make composed tips for the employer for the advance of your overall health and protection of staff. Get to understand about CPO Approved Phoenix Overall health and Protection Providers 

 

 Why are joint health and safety and protection committees critical?

 Joint health and protection committees assist in delivering larger security versus workplace personal injury and illness and deaths. Joint health and protection committees include Reps from staff and employers. This co-operative involvement makes certain that anything doable is completed to identify and eradicate or mitigate office wellbeing and safety hazards.

 

Joint health and security committees certainly are a essential component of the effectively-performing workplace interior obligation procedure.

 

  Which workplaces needs to have joint wellness and basic safety committees?

No. of Staff      Legislative need

•       1 to five    You're not needed to have a JHSC or a wellbeing and security representative Until a selected material regulation applies to your workplace

•       6 to 19     You're needed to have 1 wellness and protection consultant who is selected with the workers they depict. If a specified material regulation applies to your workplace, you are needed to Use a JHSC.

•       twenty to fortynine   You might be required to have a JHSC. The committee will need to have a minimum of two (two) members

•       fifty moreover  You are necessary to Have a very JHSC. The committee should have at the least 4 (4)

•       Workplaces that require committees contain: any office that regularly employs twenty or even more employees [clause 9(2)(a)]. Observe that personnel participating in community participation (workfare) underneath the Ontario Will work Act, 1997 are usually not counted for the objective of pinpointing whether you will discover 20 or even more workers often used

•       construction initiatives on which twenty or even more employees are on a regular basis used and anticipated to last 3 months or maybe more.

•       any office (besides specified building tasks) to which a specified substances regulation applies, even though you will discover less than 20 employees regularly used within the workplace

•       any office where a Director’s get has been issued below part 33 from the Act, although you will find less than twenty employees on a regular basis employed while in the workplace any place of work or design venture in regard of which the Minister of Labour has purchased the employer or constructor to establish a committee

•       farming operations at which 20 or maybe more personnel are on a regular basis employed and also have responsibilities connected to mushroom, greenhouse, dairy, hog, cattle or poultry farming. In depth details is on the market from the Ministry of Labour, Education and Techniques Development’s Wellbeing and Protection Committees and Representatives in Farming.

 

            The Minister of Labour may additionally permit just one committee to become recognized for multiple place of work. These committees are generally known as “multi-place of work committees.” To learn more on multi-place of work committees, remember to see the segment of this information entitled Multi-workplace Joint Health and Safety Committees or Call an area Ministry of Labour, Education and Competencies Enhancement Business nearest your place of work.

 

How many users will have to a joint health and safety committee have?

In workplaces wherein much less than 50 personnel are regularly used, the Act demands the committee to obtain at least two (two) members. Where you will find fifty or maybe more employees routinely employed, the committee must have at least four associates or almost every other number prescribed in regulation. At the least 50 percent the associates have to be personnel used on the place of work who never work out managerial features. The employer or constructor is needed to choose the remaining associates from people who work out managerial capabilities with the employer/constructor.

 

The Ministry suggests that joint wellbeing and safety committees be representative of your entire place of work. As an example, if a place of work contains a plant, office, laboratory and warehouse, the committee really should include things like Reps from Each individual of such places.

 

How about workplaces with less than twenty employees?

Until They're subject matter to the specified substances regulation or the topic of a Director’s or Minister’s order, workplaces with less than 20 frequently used staff are usually not necessary to have a joint overall health and security committee.

 

In workplaces wherever the quantity of staff routinely exceeds five but no JHSC is necessary (e.g., due to the fact there are actually fewer than 20 employees) the workers need to pick, from between themselves, a person man or woman for being a health and safety representative.

 

Unless These are subject matter to some selected substances regulation or possibly a Director’s or Minister’s buy, workplaces with 5 or much less often used workers are not needed to have possibly a committee or maybe a health and fitness and basic safety agent

 

What exactly is a employee trades committee? When is a single essential?

Where a joint wellbeing and security committee is needed in a building project (other than Individuals which can be expected to final lower than 3 months and or at which much less than fifty workers are on a regular basis utilized) the committee ought to build a worker trades committee.

 

Customers on the employee trades committee should signify workers utilized in Each individual of the trades with the venture [subsection 10(2)]. These customers need to be picked by personnel employed while in the trades they signify or, if a trade union represents employees, through the union.

 

The committee’s Main responsibility is to tell the joint wellbeing and security committee of any wellbeing and safety problems that workers utilized in the trades within the office may need.

 

When is actually a joint wellbeing and security committee expected on a farming Procedure?

A joint overall health and basic safety committee is necessary on the farming operation if you will find 20 or more workers that are routinely used in the workplace and have obligations related to a number of of the next operations:

•       Mushroom farming

•       Greenhouse farming

•       Dairy farming

•       Hog farming

•       Cattle farming

•       Poultry farming

 

A lot more comprehensive facts is out there from the Ministry of Labour, Instruction and Abilities Enhancement’s Overall health and basic safety committees and representatives in farming.

 

Who is considered “routinely used” for the purpose of pinpointing irrespective of whether a joint health and safety committee is needed in a office?

Although that is a fact-precise determination which may range by office, the Ministry usually considers a worker who is filling a placement on the consumer’s workplace as “often employed” In case the posture exceeds (or is expected to exceed) three months.

There may be cases in which There's a superior turnover of team in a particular posture, with Everyone Doing the job in it for under three months. If your expression on the placement exceeds three months, the Ministry suggests that the place must be included in the “often employed” count when determining whether or not a wellbeing and safety consultant or joint overall health and security committee is required, Though no single worker could possibly have occupied that situation for more than 3 months.

Customers

How are committee members picked?

A minimum of 50 percent the committee customers needs to be worker members, (exclusively personnel who will not physical exercise managerial capabilities) in the office, who are selected with the employees. In the unionized workplace, the employee users should be picked by the trade union or unions

 

The employer or constructor chooses the remaining customers from individuals while in the workplace who exercise managerial functions. It is suggested which the employer find customers by thinking about their familiarity with operations and wellness and basic safety processes and strategies in the office

Have to the names in the JHSC members be posted in the office?

The names and function destinations from the users shall be posted from the workplace because of the employer or constructor.

Do committee associates want Specific teaching or certification?

Until normally prescribed in regulation, the Act calls for that at the very least two members of your committee (just one representing employees and 1 representing individuals who physical exercise managerial features).

So that you can be Accredited, somebody need to complete the Components 1 and 2 of necessary instruction: Simple Certification and Workplace-Certain Hazard Instruction. Refresher education is needed each a few (three) yrs to maintain certification. A certified member may well ask for a a person-time exemption from Refresher Teaching if she or he can be an Energetic member. Know more about Phoenix Health and Safety Consulting Services https://phascorp.com/jhsc-refresher-training-program/

Part One, Basic Certification provides an overall knowledge of health and safety that applies to all workplace

 

 

Part One and Part Two training is available through Chief Prevention Officer approved training providers. Certified health and safety committee members play a key role on the committee. Specialized health and safety training for other members of the committee is available through health and safety associations. Although it is likely beneficial for all members of the committee to have health and safety training, it is not a requirement under the OHSA.

 

Is refresher training required in order to maintain certification?

To maintain one’s certification, a certified member must complete refresher training within three years of being certified, and every three years thereafter (with limited exceptions).

 

Refresher training includes a review of key concepts from Part One and Part Two training; relevant updates to legislation, standards, codes of practice, and occupational health and safety best practices; and, an opportunity for certified members to share and discuss best practices and challenges.

 

Can more than two members of the committee be certified?

Yes. The Act specifies the minimum number of members of the committee who must be certified. However, the employer may have more than two members of the committee certified.

 

If there is more than one certified member representing workers, the workers (or the union where applicable) must designate one or more certified members who then become solely entitled to exercise the rights and are required to perform the duties of a certified member representing workers

 

Similarly, if there is more than one certified member representing the employer, the employer must designate one or more of them who will then become solely entitled to exercise the rights and are required to perform the duties of a certified member representing the employer

 

What if a certified member resigns or cannot serve on the committee?

The OHSA does specifically address the issue of absent certified members. Under section 9(17) of the OHSA if a certified member resigns or is unable to act, the employer shall within a reasonable time, take all the steps necessary to ensure that the requirement to have at least one member of the committee representing the employer or constructor and at least one member representing the workers are certified.

 

How long is a committee member’s term on the committee?

The Act does not specify requirements relating to the terms of committee members. The Ministry of Labour, Training and Skills Development recommends a term of at least one year. Where there is more than one worker member and one employer member, terms should be staggered to allow continuity. Vacancies should be filled as quickly as possible.

 

Do committee members get paid for their time?

A member of the committee is considered to be at work when performing specified activities relevant to his or her role and must be paid at either their regular rate or, where applicable (i.e., when duties take them beyond their usual hours of work), their premium rate of pay [subsection 9(35)].

 

Those activities for which a member of the committee must be paid are:

·       performing inspections of the.

·       investigating incidents where a worker is killed or critically injured at a workplace.

·        [the Act requires that a member of the committee be designated to perform this role, see subsection.

·       preparing for and attending meetings of the committee.

·       becoming trained as a certified member of the committee, except in specified circumstances.

·       Are committee members entitled to paid preparation time?

As noted above, each member must be paid for one hour of preparation time before every committee meeting. If it becomes apparent that one hour is not sufficient, the committee can decide that more paid preparation time is required and the employer must remunerate the members accordingly.

 

Are committee members entitled to be paid when attending certification training?

A member who is participating in a training program to meet the requirements for becoming a certified member is considered to be at work. These members must be paid by the employer at either their regular rate or, where applicable, their premium rate of pay (unless they are paid to become certified by the Workplace Safety and Insurance Board).

 

Meetings

How often must the joint health and safety committee meet?

Committee members are required to meet at the workplace at least once every three months [subsection 9(33)]. More frequent meetings may be useful particularly in industries where the work involves hazardous substances or procedures.

 

Who chairs the meeting?

Committees must be co-chaired by two members. One of the co-chairs is chosen by the members who represent workers, the other by members who exercise managerial functions .It is recommended that the chairs alternate the chairing of each meeting.

 

How is an agenda prepared?

Agendas for meetings should be prepared by the co-chairs and should be distributed one week in advance of the committee meeting. Agendas are important to the success of the meeting. Agendas ensure that:

 

·       Members know the date, time and place of the meeting.

·       Every item the committee considers will receive attention.

·       Business will not be side-tracked.

·       Deferred items or business outstanding will be carried forward.

·       Members will have the opportunity to study the items before the meeting.

·       Members who wish to have items added to the agenda should make such request to the co-chairs.

 

Effective communication and cooperation (e.g., cooperative problem solving) are crucial factors in a well-functioning JHSC. Members should be encouraged to share their knowledge and experience freely to resolve health and safety issues in the workplace. A sample meeting agenda template is found in Appendix A.

 

How are committee members informed of upcoming meetings?

Meeting dates should be established on a pre set schedule or at the conclusion of each committee meeting. This date should be recorded in the minutes of the meeting. A copy of the minutes should be distributed to members a few days after the meeting. The dates of upcoming meetings should also be recorded at the top of each agenda.

 

Is a quorum needed to hold a meeting?

The Act does not specify any requirements related to quorums for meetings of committees. As such, the committee can determine its own rules for a quorum at meetings as long as they are consistent with statutory requirements (e.g., members representing both workers and the employer are present). Ideally, both co-chairs should be present at every meeting.

 

Must the minutes be recorded? What should the minutes include?

Minutes of each meeting must be recorded and available for review by a Ministry of Labour, Training and Skills Development inspector [subsection 9(22)]. Minutes should contain details of all matters discussed, as well as a full description of issues raised, any action recommended by the committee members and the employer response to the recommendation(s). Minutes should identify members by title and not by name. Members' names should be used only for attendance purposes.

 

Minutes should be signed by the co-chairs and posted in the workplace within one week of the meeting. A sample template for meeting minutes is found in Appendix B.

 

Are there other procedures a committee must follow?

The committee may make its own rules and procedures provided that they are consistent with statutory requirements relating to committees. A template of a committee’s terms of reference is found in Appendix C.

 

·       Roles and responsibilities

·       What are the committee’s principal functions?

·       The committee has various powers, including:

 

identifying actual and potential hazards in the workplace

obtaining information from the employer relating to health and safety in the workplace

inspecting the workplace on a regular basis

being consulted about and having a member representing workers be present at the beginning of any health and safety-related testing in the workplace

recommending health and safety improvements in the workplace.

To carry out its functions, the committee is required to hold meetings at least once every three months .There may be a need to meet more often if there are specific workplace health and safety issues to address or if the work involves hazardous substances or procedures.

 

Joint health and safety committees may want to consider developing a terms of reference to help guide them towards their goals. A sample terms of reference is provided in Appendix C.

 

What other functions does a committee have?

Generally speaking all committee members should be available to receive worker concerns, complaints and recommendations; to discuss issues and recommend solutions; and to provide input into existing and proposed workplace health and safety programs. Some regulations under the Act also set out additional functions for a committee, such as requiring the employer to consult with the joint health and safety committee/health and safety representative in specified circumstances. One example is the Health Care and Residential Facilities Regulation, O. Reg. 67/93, which requires the employer to consult the committee or health and safety representative during the development of health and safety policies and programs, including training programs (see sections 8 and 9 of that Regulation).

 

Under O. Reg. 490/09 (Designated Substances), the employers are required to consult with the committees in assessments of likely worker exposures to designated substances in the workplace, and the committees are entitled to make recommendations in respect of said assessments.

 

Other key functions are investigating when a worker is killed or critically injured 9(31) and being present in the investigations following a work refusal .

 

 

 

Part One and Part Two training is available through Chief Prevention Officer approved training providers. Certified health and safety committee members play a key role on the committee. Specialized health and safety training for other members of the committee is available through health and safety associations. Although it is likely beneficial for all members of the committee to have health and safety training, it is not a requirement under the OHSA.

 

Is refresher training required in order to maintain certification?

To maintain one’s certification, a certified member must complete refresher training within three years of being certified, and every three years thereafter (with limited exceptions).

 

Refresher training includes a review of key concepts from Part One and Part Two training; relevant updates to legislation, standards, codes of practice, and occupational health and safety best practices; and, an opportunity for certified members to share and discuss best practices and challenges.

 

Can more than two members of the committee be certified?

Yes. The Act specifies the minimum number of members of the committee who must be certified. However, the employer may have more than two members of the committee certified.

 

If there is more than one certified member representing workers, the workers (or the union where applicable) must designate one or more certified members who then become solely entitled to exercise the rights and are required to perform the duties of a certified member representing workers

 

Similarly, if there is more than one certified member representing the employer, the employer must designate one or more of them who will then become solely entitled to exercise the rights and are required to perform the duties of a certified member representing the employer

 

What if a certified member resigns or cannot serve on the committee?

The OHSA does specifically address the issue of absent certified members. Under section 9(17) of the OHSA if a certified member resigns or is unable to act, the employer shall within a reasonable time, take all the steps necessary to ensure that the requirement to have at least one member of the committee representing the employer or constructor and at least one member representing the workers are certified.

 

How long is a committee member’s term on the committee?

The Act does not specify requirements relating to the terms of committee members. The Ministry of Labour, Training and Skills Development recommends a term of at least one year. Where there is more than one worker member and one employer member, terms should be staggered to allow continuity. Vacancies should be filled as quickly as possible.

 

Do committee members get paid for their time?

A member of the committee is considered to be at work when performing specified activities relevant to his or her role and must be paid at either their regular rate or, where applicable (i.e., when duties take them beyond their usual hours of work), their premium rate of pay [subsection 9(35)].

 

Those activities for which a member of the committee must be paid are:

·       performing inspections of the.

·       investigating incidents where a worker is killed or critically injured at a workplace.

·        [the Act requires that a member of the committee be designated to perform this role, see subsection.

·       preparing for and attending meetings of the committee.

·       becoming trained as a certified member of the committee, except in specified circumstances.

·       Are committee members entitled to paid preparation time?

As noted above, each member must be paid for one hour of preparation time before every committee meeting. If it becomes apparent that one hour is not sufficient, the committee can decide that more paid preparation time is required and the employer must remunerate the members accordingly.

 

Are committee members entitled to be paid when attending certification training?

A member who is participating in a training program to meet the requirements for becoming a certified member is considered to be at work. These members must be paid by the employer at either their regular rate or, where applicable, their premium rate of pay (unless they are paid to become certified by the Workplace Safety and Insurance Board).

 

Meetings

How often must the joint health and safety committee meet?

Committee members are required to meet at the workplace at least once every three months [subsection 9(33)]. More frequent meetings may be useful particularly in industries where the work involves hazardous substances or procedures.

 

Who chairs the meeting?

Committees must be co-chaired by two members. One of the co-chairs is chosen by the members who represent workers, the other by members who exercise managerial functions .It is recommended that the chairs alternate the chairing of each meeting.

 

How is an agenda prepared?

Agendas for meetings should be prepared by the co-chairs and should be distributed one week in advance of the committee meeting. Agendas are important to the success of the meeting. Agendas ensure that:

 

·       Members know the date, time and place of the meeting.

·       Every item the committee considers will receive attention.

·       Business will not be side-tracked.

·       Deferred items or business outstanding will be carried forward.

·       Members will have the opportunity to study the items before the meeting.

·       Members who wish to have items added to the agenda should make such request to the co-chairs.

 

Effective communication and cooperation (e.g., cooperative problem solving) are crucial factors in a well-functioning JHSC. Members should be encouraged to share their knowledge and experience freely to resolve health and safety issues in the workplace. A sample meeting agenda template is found in Appendix A.

 

How are committee members informed of upcoming meetings?

Meeting dates should be established on a pre set schedule or at the conclusion of each committee meeting. This date should be recorded in the minutes of the meeting. A copy of the minutes should be distributed to members a few days after the meeting. The dates of upcoming meetings should also be recorded at the top of each agenda.

 

Is a quorum needed to hold a meeting?

The Act does not specify any requirements related to quorums for meetings of committees. As such, the committee can determine its own rules for a quorum at meetings as long as they are consistent with statutory requirements (e.g., members representing both workers and the employer are present). Ideally, both co-chairs should be present at every meeting.

 

Must the minutes be recorded? What should the minutes include?

Minutes of each meeting must be recorded and available for review by a Ministry of Labour, Training and Skills Development inspector [subsection 9(22)]. Minutes should contain details of all matters discussed, as well as a full description of issues raised, any action recommended by the committee members and the employer response to the recommendation(s). Minutes should identify members by title and not by name. Members' names should be used only for attendance purposes.

 

Minutes should be signed by the co-chairs and posted in the workplace within one week of the meeting. A sample template for meeting minutes is found in Appendix B.

 

Are there other procedures a committee must follow?

The committee may make its own rules and procedures provided that they are consistent with statutory requirements relating to committees. A template of a committee’s terms of reference is found in Appendix C.

 

·       Roles and responsibilities

·       What are the committee’s principal functions?

·       The committee has various powers, including:

 

identifying actual and potential hazards in the workplace

obtaining information from the employer relating to health and safety in the workplace

inspecting the workplace on a regular basis

being consulted about and having a member representing workers be present at the beginning of any health and safety-related testing in the workplace

recommending health and safety improvements in the workplace.

To carry out its functions, the committee is required to hold meetings at least once every three months .There may be a need to meet more often if there are specific workplace health and safety issues to address or if the work involves hazardous substances or procedures.

 

Joint health and safety committees may want to consider developing a terms of reference to help guide them towards their goals. A sample terms of reference is provided in Appendix C.

 

What other functions does a committee have?

Generally speaking all committee members should be available to receive worker concerns, complaints and recommendations; to discuss issues and recommend solutions; and to provide input into existing and proposed workplace health and safety programs. Some regulations under the Act also set out additional functions for a committee, such as requiring the employer to consult with the joint health and safety committee/health and safety representative in specified circumstances. One example is the Health Care and Residential Facilities Regulation, O. Reg. 67/93, which requires the employer to consult the committee or health and safety representative during the development of health and safety policies and programs, including training programs (see sections 8 and 9 of that Regulation).

 

Under O. Reg. 490/09 (Designated Substances), the employers are required to consult with the committees in assessments of likely worker exposures to designated substances in the workplace, and the committees are entitled to make recommendations in respect of said assessments.

 

Other key functions are investigating when a worker is killed or critically injured 9(31) and being present in the investigations following a work refusal .

 

 

Who carries out Workplace inspections Training?

Worker committee members must select a worker member in their group to inspect the workplace [subsection 9(23)]. The Act requires that the selected member be a certified member if possible [subsection 9(24)]. Where a multi-workplace committee has been established by an order of the Minister of Labour, under subsection 9(3.1), the committee members may designate a worker who is not on the committee to perform inspections. Situations that may be a source of danger or hazard to workers must be reported to the committee .

 

How often must workplace inspections be carried out?

Regular inspections of the workplace by the designated worker member of the joint health and safety committee help to identify hazards and thereby prevent or mitigate workplace injuries. The workplace must be inspected at least once a month, unless a different schedule of inspections is ordered by a Ministry of Labour, Training and Skills Development inspector or is prescribed in a regulation under the OHSA [subsection 9(26)]. Where it is not practical to inspect the workplace on a monthly basis (e.g., where the workplace is too large or where parts are shut down on a seasonal basis), the designated member is required to inspect the workplace at least once a year and ensure that at least part of the workplace is inspected each month in accordance with a schedule established by the committee .

 

After a source of danger or hazard is reported to the committee, what happens?

If a source of danger is reported to the committee by a designated worker who carried out a workplace inspection, the committee or members of the committee are required to consider the information within a reasonable period of time. The committee would then typically make written recommendations to the employer or constructor to address the identified hazard(s). The Act requires that the employer provide a written response within 21 days, to any written recommendations from the committee. If the employer agrees with the recommendations, the response must include a timetable for implementation. If the employer disagrees with a recommendation, the response must give the reasons for disagreement [subsections 9(20) and 9(21)].

 

Although OHSA does not stipulate that the committee is supposed to work on a consensus basis it is highly recommended. However, there will be situations where a consensus may be not reached. If the committee has failed to reach a consensus about making recommendations to the employer after trying to reach a consensus in good faith to do so, either co-chair of the committee has the power to make written recommendations to the constructor or the employer .

 

Do certified members have added responsibilities?

Because certified members receive special training in workplace health and safety, they are given additional powers under the Act. For example, certified employer and worker representatives can, under specified circumstances, collectively order the employer or constructor to stop work that is dangerous to a worker .

 

Employer responsibilities

What are the employer’s responsibilities regarding joint health and safety committees?

Employers have a range of obligations in respect of joint health and safety committees. Examples of employer obligations relating to committees include:

 

causing a JHSC to be established and maintained at a workplace where one is required

selecting committee members who exercise managerial functions for the employer to sit on the joint health and safety committee

assisting and cooperating with committee members in the carrying out of their functions providing the committee with information relating to hazards in the workplace and any work practices and standards in similar industries

providing the committee with a copy of all orders or reports issued to the employer by a Ministry of Labour, Training and Skills Development inspector informing the committee of any workrelated incidents involving injury, death or occupational illness [sections 51 and 52] (see Section Vll of the Guide to the Occupational Health and Safety Act).

consulting with the JHSC or health and safety representative on the development of health and safety programs and policies (including training programs), where prescribed, and,

provide a joint health and safety committee member representing the workers with the opportunity to accompany a Ministry of Labour, Training and Skills Development inspector on the physical inspection of the workplace [

It is an offence for any person, including an employer, to knowingly hinder or interfere with, or to give false information to, the joint health and safety committee or to a committee member who is in the process of performing his or her duties under the Act. See also the section in this Guide entitled Multi-workplace Joint Health and Safety Committees.

 

Must an employer act on committee recommendations?

An employer who receives written recommendations from the committee must provide a written response to the committee within 21 calendar days]. If the recommendations are accepted, a timetable for action must be outlined and provided to the committee. If an employer decides against acting on all or some of the committee’s recommendations, reasons must be given in writing.

 

General procedures

A worker must report any hazard or contravention of the Act to the employer or supervisor. As a best-practice it may also be advisable to alert the JHSC that the matter has been presented to the employer. If the matter is not resolved to the worker’s satisfaction, a worker should then formally inform the committee. The committee has the power to make recommendations to the employer in respect of the identified hazard.

 

What if the committee cannot reach a consensus on a recommendation?

If the committee has failed to reach a consensus about making recommendations after trying to reach a consensus in good faith, either co-chair of the committee has the power to make written recommendations to the constructor or the employer.

 

In these instances, written recommendations may include the following:

 

·       A summary of the position of the members of the committee who supported the recommendations.

·       A summary of the position of the members of the committee who did not support the recommendations.

·       Information about how the committee attempted to reach consensus.

·       What should the committee do in the event of a work refusal?

·       A committee member, who represents workers, must be present during

·        the employer or supervisor’s investigation of a work refusal. This investigation is typically conducted by the supervisor.

 

What should the committee do in the event of a worker’s critical injury or death?

Members of the committee, who represent workers, must designate one or more worker members to investigate incidents in which a worker is killed or critically injured.

 

The designated member(s) have the right to inspect the place where the incident occurred as well as any relevant machine, device or thing, but must not disturb the scene pending a Ministry of Labour, Training and Skills Development investigation.

 

Following the investigation, all findings must be reported to the committee and to a Director. Where appropriate, the committee may wish to make specific recommendations to the employer in respect of the hazard which led to the injury or fatality.

 

Note: A person is “critically injured” for the purposes of the Act if he or she has an injury of a serious nature that places life in jeopardy, produces unconsciousness, results in substantial loss of blood, involves the fracture of a leg or arm but not a finger or toe, involves the amputation of a leg, arm, hand or foot but not a finger or toe, consists of burns to a major portion of the body, or causes the loss of sight in an eye (R.R.O. 1990, Regulation 834 – Critical Injury Defined).

 

What sort of information can the joint health and safety committee expect to obtain?

The JHSC has various powers relating to the collection of health and safety-related information. For example: the JHSC has the power to obtain information from the employer about health and safety related testing and any actual or potential hazards in the workplace [clause 9(18)(e)]. The employer must share any knowledge of health and safety practices, tests and standards in the industry [clause 9(18)(d)]. The employer is further obligated to provide the joint health and safety committee with health and safety reports under clause 25(2)(l).

 

Where a person is killed or critically injured from any cause at a workplace the employer must immediately notify the Ministry and the JHSC ?

 

The employer must notify the JHSC of lost time injuries caused by accident, explosion, fire or incident of workplace violence at the workplace, and must report any occupational illnesses of which he or she has knowledge

 

The employer may also be required to provide other specific information to the JHSC where prescribed. Therefore, as stated previously, it is important that the employer and the JHSC be familiar with the regulations that apply to their workplace.

 

The Workplace Safety and Insurance Board, at the request of the joint health and safety committee, is required to send an annual summary of data relating to the number of fatalities, lost workday cases, workdays lost, non-fatal cases requiring medical care (but not involving lost workdays) and incidence of occupational illnesses

 

What assistance can the joint health and safety committee expect from the employer?

The Act places a general duty on an employer to assist and cooperate with the joint health and safety committee in the performance of its functions

 

More specific employer responsibilities with respect to the joint health and safety committee include:

 

upon the request of the joint health and safety committee, provide information regarding the identification of potential or existing hazards involving materials, processes or equipment

upon request provide the committee with information about health and safety experience and work practices and standards in similar or other industries of which the constructor or employer has knowledge

provide the joint health and safety committee with a copy of all orders or reports issued to the employer by an inspector of the Ministry of Labour, Training and Skills Development

provide a joint health and safety committee member with the opportunity to accompany a Ministry of Labour, Training and Skills Development inspector on the physical inspection of the workplace

provide a joint health and safety committee with information and assistance the committee requires for the purposes of inspecting the workplace

advise the committee of the results of the assessment or reassessment of the risks of workplace violence, and provide it with a copy of the assessment if it is in writing and

Provide any other specific information where prescribed.

It is an offence for any person to knowingly hinder or interfere with, or to give false information to a joint health and safety committee member who is in the process of exercising his or her powers and/or performing his or her duties under the Act.

·      Health and safety representatives

·      About Health and Safety Representatives

·      What is a health and safety representative?

In workplaces, including construction projects, at which the number of workers regularly exceeds five and at which no joint health and safety committee is required, employers or constructors must ensure that workers select a health and safety representative [subsection 8(1)]. Like joint health and safety committee members, the representative should be committed to improving health and safety conditions in the workplace.

 

The health and safety representative is selected by workers at the workplace who do not exercise managerial functions or by the union where the workplace is unionized At the present time, the Act does not require that the representative be specifically trained. However, there have been amendments to the Occupational Health and Safety Act (OHSA), which relate to training requirements for health and safety representatives, but which have not yet been put into effect. When these amendments do come into effect, they will require that, unless otherwise prescribed, the employer or constructor ensure that the representative receives training that enables him or her to effectively exercise the powers and perform the duties of a health and safety representative.

 

When is a worker health and safety representative required on a farming operation?

A worker health and safety representative is required on all farming operations at which the number of workers regularly exceeds five, and at which no health and safety committee is required. More detailed information is available in the Ministry of Labour, Training and Skills Development’s Health and safety committees and representatives in farming.

 

Is a health and safety representative entitled to get paid for their time?

A health and safety representative is entitled to take time from work as is necessary to carry out his or her duties to carry out monthly inspections of the workplace and inspect the place where a person is killed or critically injured at a workplace.

A health and safety representative must be paid at either their regular rate or, where applicable, their premium rate of pay when absent from work for the purposes of carrying out his or her duties under the Act.

 

Roles and responsibilities

Does a health and safety representative have different responsibilities from a joint health and safety committee member?

Generally speaking, a health and safety representative has the same responsibilities and powers as a joint health and safety committee member. These include identifying actual and potential workplace hazards.

General procedures

A worker must report any hazard or contravention of the Act to the employer or supervisor. As a best-practice it may also be advisable to alert the health and safety representative that the matter has been presented to the employer If the matter is not resolved to the worker’s satisfaction, a worker may choose to inform the health and safety representative about the identified hazard or contravention .Please Visit Phoenix Health and Safety Consulting Services Inc. for any queries and consultations.