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A Guide for Joint Health and Safety Committees and Health and Safety Representa

A Guide for Joint Health and Safety Committees and Health and Safety Representatives in the Workplace A Guide for Joint Health and Safety Committees and Health and Safety Representatives in the Workplace October 2012 The Guide and other Guides, Statutes and Regulations relating to Occupational Health and Safety may also be viewed at the following website: http://www.labour.gov.on.ca/english/hs/laws/index.php A hardcopy of this publication can be ordered: Online at http://www.serviceontario.ca/publications By phone through the ServiceOntario Contact Centre Monday to Friday, 8:30 am to 5:00 pm  416-326-5300  416-325-3408 (TTY)  1-800-668-9938 Toll-free across Canada  1-800-268-7095 TTY Toll-free across Ontario ISBN 978-1-4606-0069-6 (Print) Rev. 10/12 ISBN 978-1-4606-0070-2 (HTML) ISBN 978-1-4606-0071-9 (PDF) ©Queen's Printer for Ontario, 2012 Contents Foreword...........................................................................................ii Introduction.................................................................................... iii Joint Health and Safety Committees.........................................1 Members ..............................................................................7 Meetings.............................................................................11 Roles and Responsibilities .................................................13 Employer Responsibilities ..................................................17 General Procedures ...........................................................18 Health and Safety Representatives ........................................ 23 Roles and Responsibilities .................................................24 General Procedures ...........................................................25 Multi-workplace Joint Health and Safety Committees ...... 29 Multi-workplace JHSC Functions........................................32 Appendix A: Sample Template for Joint Health and Safety Committee Agenda ........................................................ 34 Appendix B: Sample Template for Joint Health and Safety Committee Minutes........................................................ 35 Appendix C: Terms of Reference............................................ 37 Appendix D: Ministry of Labour – Occupational Health and Safety Contacts and Resources...................................... 40 Occupational Health and Safety.........................................40 Health and Safety Resources.............................................41 i Foreword Note: This document does not constitute legal advice. To determine your rights and obligations under the Occupational Health and Safety Act (OHSA or the Act) and its regulations, please contact your legal counsel or refer to the legislation at: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statut es_90o01_e.htm Please note that throughout this Guide, the word “employer” generally includes “constructor”. In some cases, “constructor” has been left out to make the Guide easier to read. ii Introduction We all share the goal of making Ontario's workplaces safe and healthy. The Occupational Health and Safety Act provides us with the legal framework and the tools to achieve this goal. It sets out the rights and duties of all parties in the workplace. It establishes procedures for dealing with workplace hazards, and it provides for enforcement of the law where compliance has not been achieved voluntarily. Changes to the Act in 1990 and subsequent years continued the evolution of occupational health and safety legislation in Ontario since the Act came into force in 1979. These changes reinforce the Internal Responsibility System (IRS) and the workplace structures, in particular the joint health and safety committees that have proven to be effective in establishing a strong IRS and health and safety culture in the workplace. Employers should note that the Act makes it clear that the employers have the greatest responsibilities with respect to health and safety in the workplace. However all parties have a role and a responsibility for promoting health and safety in the workplace. Every improvement in occupational health and safety benefits all of us. Through cooperation and commitment, we can make Ontario a safer and healthier place in which to work. It's worth working for. iii iv Joint Health and Safety Committees What is a joint health and safety committee? A joint health and safety committee is composed of worker and employer representatives. Together, they should be mutually committed to improving health and safety conditions in the workplace. Committees identify potential health and safety issues and bring them to the employer's attention and must be kept informed of health and safety developments in the workplace by the employer. As well, a designated worker member of the committee inspects the workplace at least once a month. What is the joint health and safety committee's role? The committee is an advisory body that helps to stimulate or raise awareness of health and safety issues in the workplace, recognizes and identifies workplace risks and develops recommendations for the employer to address these risks. To achieve its goal, the committee holds regular meetings and conducts regular workplace inspections and makes written recommendations to the employer for the improvement of the health and safety of workers. Why are joint health and safety committees important? Joint health and safety committees assist in providing greater protection against workplace injury and illness and deaths. Joint health and safety committees involve representatives from workers and employers. This co-operative involvement 1 ensures that everything possible is done to identify and eliminate or mitigate workplace health and safety hazards. Joint health and safety committees are a key element of a well- functioning workplace Internal Responsibility System. Which workplaces must have joint health and safety committees? No. of Workers Legislative requirement 1 to 5 You are not required to have a JHSC or a health and safety representative unless your workplace uses designated substances. 6 to 19 You are required to have one health and safety representative who is selected by the workers they represent. If your workplace uses designated substances, you are required to have a JHSC. 20 to 49 You are required to have a JHSC. The committee must have at least two (2) members. 50 plus You are required to have a JHSC. The committee must have at least four (4) members. 2 Workplaces that require committees include:  any workplace that regularly employs 20 or more workers [clause 9(2)(a)]. Note that workers taking part in community participation (workfare) under the Ontario Works Act, 1997 are not counted for the purpose of determining whether there are 20 or more workers regularly employed  construction projects on which 20 or more workers are regularly employed and expected to last three months or more [clauses 9(2)(a) and 9(1)(a)]  any workplace (other than specified construction projects) to which a designated substances regulation applies, even if there are fewer than 20 workers regularly employed in the workplace [clause 9(2)(c)]  any workplace where a Director’s order has been issued under section 33 of the Act, even if there are fewer than 20 workers regularly employed in the workplace [clause 9(2)(b)]  any workplace or construction project in respect of which the Minister of Labour has ordered the employer or constructor to establish a committee [subsection 9(3)]  farming operations at which 20 or more workers are regularly employed and have duties related to mushroom, greenhouse, dairy, hog, cattle or poultry farming. Detailed information is available in the Ministry of Labour’s A Guide for Health and Safety Representatives and Joint Health and Safety Committees on Farming Operations. http://www.labour.gov.on.ca/english/hs/pubs/farming/jhsc/ index.php The Minister of Labour may also permit a single committee to be established for more than one workplace [subsections 9(3.1) and 9(5)]. These committees are commonly referred to as “multi-workplace committees.” For more information on 3 multi-workplace committees, please see the section of this guide entitled “Multi-workplace Joint Health and Safety Committees” or contact a local Ministry of Labour office nearest your workplace. http://www.labour.gov.on.ca/english/hs/pubs/jhsc_multiwork/ index.php How many members must a joint health and safety committee have? In workplaces in which fewer than 50 workers are regularly employed, the Act requires the committee to have a minimum of two (2) members [clause 9(6)(a)]. Where there are 50 or more workers regularly employed, the committee must have at least four (4) members or any other number prescribed in regulation [clause 9(6)(b)]. At least half the members must be workers employed at the workplace who do not exercise managerial functions [subsection 9(7)]. The employer or constructor is required to select the remaining members from persons who exercise managerial functions for the employer/constructor [subsection 9(9)]. The Ministry recommends that joint health and safety committees be representative of the entire workplace. For example, if a workplace has a plant, office, laboratory and warehouse, the committee should include representatives from each of these areas. What about workplaces with fewer than 20 workers? Unless they are subject to a designated substances regulation or the subject of a Director’s or Minister’s order, workplaces with fewer than 20 regularly employed workers are not required to have a joint health and safety committee. In workplaces where the number of workers regularly exceeds five but no JHSC is required (e.g., because there are fewer 4 than 20 workers) the workers must select, from among themselves, one person to be a health and safety representative [subsection 8(1)]. Unless they are subject to a designated substances regulation or a Director’s or Minister’s order, workplaces with five or fewer regularly employed workers are not required to have either a committee or a health and safety representative. What is a worker trades committee? When is one required? Where a joint health and safety committee is required at a construction project (other than those which are expected to last less than three months or at which fewer than 50 workers are regularly employed) the committee must establish a worker trades committee [subsection 10(1)]. Members of the worker trades committee must represent workers employed in each of the trades at the project [subsection 10(2)]. These members must be selected by workers employed in the trades they represent or, if a trade union represents workers, by the union [subsection 10(3)]. The committee's primary responsibility is to inform the joint health and safety committee uploads/s1/ jhsc-guide.pdf