 When
there is a JHSC.
Management Members
- number required based
on size of company
- list their name and
contact information
Employee Members
- number based on size
of company
- list their name and
contact information
JHSC Monthly Inspection Reports
- February 2016 (there
would be links to the report and resolutions)
- January 2016
- December 2015
Joint Health and Safety Committee
(JHSC) Members Objective:
Joint health and safety committee
training will give managers, supervisors, members the training
required to become "CERTIFIED MEMBERS" on the JHSC.
To give managers, supervisors, JHSC
member’s basic and consistent training which will assist them in
developing, implementing and maintaining an effective health and
safety program.
What is a joint health and safety
committee?
(JHSC) is a forum for bringing the
internal responsibility system into practice. The committee will
consist of labour and management representatives who meet on a
regular basis to discuss and deal with health and safety issues. The
advantage of a (JHSC) is that the in-depth practical knowledge of
specific tasks such as labour is brought together with the larger
overview of company policies, and procedures (management). Another
significant benefit is the enhancement of a co-operative attitude
among all parts of the work force toward solving health and safety
related problems. In smaller companies with fewer than a specified
number of employees a health and safety representative is generally
required. Please consult the health and safety legislation for
details.
This committee may also referred to as
the Industrial Health and Safety Committee, Joint Work Site Health
and Safety Committee, Occupational Heath Committee, Workplace safety
and health committee, or Health and Safety Committee.
SESSION ONE
OHAS Act Objective:
- To teach a basic
understanding of the duties, responsibilities and obligations
under the Occupational Health and Safety Act.
- Review the act,
regulations, and indexes Explain how to use and find specific
sections Definitions workshop Duties and responsibilities; A
regulation workshop Refusal to work workshop Penalties and fines
SESSION TWO
Objective:
- To give participants
an understanding of how an effective joint health and safety
committee functions by examining the roles, responsibilities,
and rights of a committee under the Occupational Health and
Safety Act
Content
- Forming of a
committee; when, who, how many? Assistance provided by employer
Rights, powers and functions of a committee Access to
information Their role in accident investigation Their role in
workplace inspections Recommendations from the committee
Certified members and their role and powers A
bilateral/unilateral work stoppage workshop
SESSION THREE
SESSION FOUR
SESSION FIVE
- Recognizing Health
And Safety Hazards:
OBJECTIVE:
- To teach participants
methods of recognizing health and safety hazards and tools
available to assist them in this recognition.
Overview
- Health vs. Safety
Hazards The five types of health hazards Define illness,
disease, and injury Five risk factors in identifying hazards Six
steps of analyzing hazards of a job Tools available to assist
identifying potential hazards Five methods to control hazards
Source path worker model of control Workshops on typical hazards
and what controls are available
SESSION SIX
Ergonomics Overview
- Registration and
Materials: In order for participants to become CERTIFIED we must
use their (Health and Safety Agency) materials and all
participants must complete an evaluation (test min. score 65%).
The fee for the materials, registration and evaluation is $50.00
per person and we can show you how this process works and what
agency to order the materials from.
Course Length: Two (2) Days
JHSC Committee Composition
The Occupational Health & Safety Act
states that one worker and one management member from the joint
health and safety committee must complete the JHSC certificate
training. Special training is required to ensure the certified
members can effectively carryout assigned committee functions. The
goal of JHSC Part 1 basic certification training is to educate
committee representatives so that they can achieve compliance with
applicable legislation. An important role for committee members is
the implementation of corrective actions to minimize workplace
health and safety hazards, and to promote the Internal
Responsibility System (IRS).
A JHSC is required where;
a workplace regularly employs twenty or
more workers when a Ministry of Labour Inspector orders a workplace
to appoint a safety committee; or at a workplace where fewer than
twenty workers are regularly employed, and where a regulation
concerning designated substances applies A committee must be formed
at a construction project with twenty or more regularly employed
workers, and where the project is expected to last three months or
more. Members of the worker trades committee must represent workers
employed in each of the trades at the workplace. These members must
be selected by the workers in the trades that they represent or, if
a trade union represents workers, then the union selects the worker
representatives.
Normally, a workplace where fewer than
twenty but more than five people are regularly employed, a committee
is not required however workers must select from among themselves,
one person to be a health and safety representative. At the present
time training is not required to be the designated health and safety
representative however many employers see the obvious benefits of
this person attending the same training as certified committee
members.
The Occupational Health & Safety Act
states that a committee must consist of at least two people in a
workplace that regularly employs fewer than fifty workers and at
least four persons (or more) in a workplace where fifty or more
workers are regularly employed. Furthermore, at least half the
members of a committee shall be workers employed at the workplace
that do not exercise managerial functions.
The management may select a managerial
worker representative, someone having a certain set of skills or
knowledge of the operation, for representation on the committee
however may not select any worker representatives. That task must be
completed through a documented election process. This process
includes a period of time where nominations are accepted and the
results posted. Workers shall cast a vote for one of the nominated
workers and the person with the most votes may accept the role of
worker representative. In a unionized workplace, the worker members
must be chosen by the trade union or unions representing the
employees.
Although the Act states the minimum
number of people required on a committee, and dictates how many must
complete Part One - Basic Certification training, it does not
require a greater number of people on the committee. It is however
reasonable to consider ensuring representation on the committee from
all departments to ensure health and safety issues from the entire
workforce are discussed at committee meetings. The optimal situation
is to have a manager and worker from each department represented on
the committee and provide certification training to at least four
representatives (two worker/two management) to ensure coverage
during holidays and sick days. A committee meeting cannot take place
without both certified representatives present.
As you can see, not everyone on the
committee is required to attend training however many companies do
certify each and every member on the committee. This approach helps
to ensure that a high level of skill and knowledge is acquired by
all committee members, a level that is needed to address the wide
variety of workplace hazards. When the entire committee functions at
the same level, everyone has the chance to improve substandard acts
and conditions in the workplace. By empowering and enlightening the
entire committee, increased participation in discussions and
recommendations will lead toward improved moral and higher health
and safety standards within the workplace. The ultimate goal is the
total elimination of workplace accidents and incidents.
Employers are then required to respond
in writing to the committee with an implementation timeline or
reasons for disagreement with the recommendation. Providing
recommendations for improving workplace conditions is a main purpose
of the committee. An effective committee that is functioning as
expected will contribute to the reduction of work-related accidents
and deaths.
Since committees are made up of
representatives from various departments and from different levels
of the organization, it is hoped that in this cooperative
environment everything reasonable is done to eliminate workplace
health and safety hazards. The committee plays an important advisory
role that increases awareness of safety issues, recognizes workplace
risks and then deals with these risks.
JHSC Training Ontario
What is Joint Health & Safety Committee
Certification? At least four people are required to be on the JHSC
Committee for workplaces with more than 50 employees. Although only
2 members are required to be certified, it is our experience that
Joint Health and Safety Committee's will be more effective if all
members go through the JHSC Certification Training Program.
How To Get Your JHSC Certification
- Step 1- Take Joint
Health and Safety Committee Part 1 Course
- JHSC Part 1 Training
Locations & Dates
Step 2- Conduct a Hazard Assessment
Step 3- Take Joint Health and Safety
Committee Part 2 Course
- JHSC Part 2 Training
Locations & Dates
- MOL News & Updates
What are the changes?
The 1996 Certification Standards remain
in effect until February 29, 2016 and the new standard begins on
March 1, 2016.
The minimum hours for training are:
- Part One training -
three days (or 19.5 hours), used to be 2 days
- Part Two training -
two days (or 13 hours), used to be minimum 1.5 days
- Refresher training -
one day (or 6.5 hours), this is a new requirement
JHSC training can only be taken by an
MOL approved training provider and must be taken within 6 months of
each other.
What if I am certified before March
1st?
Certified JHSC members who completed
both Part 1 and Part 2 training under the 1996 standard prior to
March 1st will continue to be certified and will not be required to
complete any further training under the new JHSC Certification
Standards, including the Refresher training. You are certified for
life.
What if I am not certified before
March 1st?
Certified JHSC members who completed
both Part 1 and Part 2 training under the new 2016 standard after
March 1st will need to complete refresher training every 3 years.
What if I have completed Part 1
training before March 1st but not Part 2?
As of March 1st,, JHSC members who have
completed only Part 1 training under the 1996 standard will have to
complete Part 2 training under the new 2016 standard in order to be
certified, and will be required to take refresher training to
maintain their certification. Refresher training will need to be
completed every 3 years.
How does this affect me?
The changes will result in 5 mandatory
training days versus the minimum 3.5 days now. This will increase
your costs and in turn will have a loss of productivity. As part of
the new standard it will be mandatory to complete refresher training
every 3 years.
Click here for more details New JHSC
Standard or call one of our Health & Safety Advisors at
1-800-815-9980 to ensure you are fully
certified before the changes come into effect.
Ensure your members are fully certified
and if not, choose a date and location and book now!
How do I get people trained before the
new standard comes into effect?
Our JHSC Training is offered across
Ontario in our classrooms, at your site and on-line training. Call
us or begin by clicking JHSC Part 1 Training.
Joint Health and Safety Committee -
What is a Joint Health and Safety Committee?
What is a joint health and safety
committee?
In the Canadian
legislation, health and safety committees are mentioned under
slightly varying names. We have used the name joint health and
safety committee to reflect its composition. The committee may also
be known as the joint work site health and safety committee,
occupational health committee, workplace safety and health
committee, or occupational health and safety committee.
A joint health and safety committee
(JHSC) is a forum for bringing the internal responsibility system
into practice. The committee consists of labour and management
representatives who meet on a regular basis to deal with health and
safety issues. The advantage of a joint committee is that the
in-depth practical knowledge of specific tasks (labour) is brought
together with the larger overview of company policies, and
procedures (management). Another significant benefit is the
enhancement of cooperation among all parts of the work force toward
solving health and safety problems. In smaller companies with fewer
than a specified number of employees, a health and safety
representative is generally required. Consult health and safety
legislation applicable to your workplace for details.
Who is responsible for establishing
a joint health and safety committee?
Employers are
responsible for establishing workplace health and safety committees.
Most Canadian health and safety legislation set guidelines for
organizing the committee, the structure of the committee, meeting
frequency, and the roles and responsibilities of committee members.
Employers establish terms of reference
applicable to the formation, structure and functioning of the
committee. Such terms of reference must ensure:
- Compliance with the
OHS legislation.
- Effectiveness of the
committee in meeting workplace specific needs.
- Widest possible
employee involvement.
What does a joint health and safety
committee do?
While exact roles may
vary by jurisdiction, in general, the committee assists the employer
to:
- Recognize workplace
hazards.
- Evaluate the risk of
accidents/incidents, injuries and illness.
- Participate in
development and implementation of programs to protect the
employees' safety and health.
- Respond to employee
complaints and suggestions concerning safety and health.
- Ensure the
maintenance and monitoring of injury and work hazard records.
- Monitor and follow-up
hazard reports and recommend action.
- Set up and promote
programs to improve employee training and education.
- Participate in safety
and health inquiries and investigations, as appropriate.
- Consult with
professional and technical experts.
- Participate in
resolving workplace refusals and work stoppages.
- Make recommendations
to management for accident prevention and safety program
activities.
- Monitor effectiveness
of safety programs and procedures.
Is a committee or a representative
required by law?
A Joint Health and
Safety Committee or the appointment of representatives is either
mandatory or subject to ministerial decision in all Canadian
jurisdictions. Certain types of workplaces may be exempt from this
requirement, depending on the size of work force, industry, accident
record, or some combination of these factors. Consult the most
up-to-date applicable legislation to find out what are requirements
for your workplace.
What are the sources of legislation
regarding joint health and safety committees?
The following are
references to the provincial and federal legislation where you will
find the guidelines for joint health and safety committees from the
different jurisdictions in Canada. Since legislation is amended from
time to time, the jurisdictions should be contacted for the most
current information.
Canada
Canada Labour Code,
Part II (R.S.C. 1985, C. L-2), Sections 135 to 137
British Columbia
Workers Compensation Act,
(R.S.B.C. 1996 as amended) Part 3, Division 4, Sections 125 to 140
Alberta
Occupational Health and
Safety Act (R.S.A. 1980, c.
O-2 as amended), Section 31
Occupational Health and Safety Code (October 2003) Part 13
Joint Work Site Health and Safety Committee, Sections 196 to 207
Saskatchewan
Saskatchewan Employment Act
(S.S., 2013, c. S-15.1), Sections 3-22 to 3-27
(Called: Occupational Health Committees)
Occupational Health and Safety Regulations, 1996 (R.S.S.,
c. O-1, r.1), Sections 38 to 49
Manitoba
Workplace Safety and Health
Act (R.S.M. 1987, c. W210),
Section 40
(Called: Workplace safety and health committees)
Workplace Safety and Health Regulation (Man. Reg.
217/2006), Part 3
Ontario
Occupational Health and
Safety Act (R.S.O. 1990, c.
O.1), Section 9(2)
Quebec (English language
legislation)
Act respecting Occupational
Health and Safety (R.S.Q., c.
S-2.1), Chapter IV, Sections 68 to 86.
And the Regulation respecting health and safety committees
(R.R.Q. 1981, c. S-2.1, r. 6.1, O.C. 2025-83)
(Called: Health and Safety Committees)
New Brunswick
Occupational Health and
Safety Act (A.N.B. 1983, c.
O-0.2), Sections 14 to 18
Nova Scotia
Occupational Health and
Safety Act (S.N.S. 1996, c.
7), Sections 29 to 32
Prince Edward Island
Occupational Health and
Safety Act (R.S.P.E.I. 2004,
c. 42), Section 25
Newfoundland
Occupational Health and
Safety Act (R.S.N. 1990, c.
O-3), Sections 37 to 40
(Called: Health and Safety Committees)
Yukon Territory
Occupational Health and
Safety Act (R.S.Y. 1986, c.
123), Sections 12 & 13
Northwest Territories
Safety Act
(R.S.N.W.T. 1988, c. S-1), Section 7.1
(Called: Joint Occupational Health and Safety Committee)
Also: Occupational Health and Safety Regulations
(R-039-2015), Part 4
Nunavut
Safety Act
(R.S.N.W.T. 1988, c. S-1), Section 7
(Called: Joint Work Site Health and Safety Committee)
Effective JHSC Committee Benefits
- A better attitude
toward solving workplace health and safety issues
- Stronger working
relationships between workers and management across multiple
departments
- When workers on the
committee participate in the process of
recognizing, assessing and controlling workplace hazards,
their coworkers are more likely to adopt new concepts and
procedures; and
- Promoting open lines
of communication amongst all levels of employees because
everyone is concerned about their own health and safety
The Ontario Ministry of Labour should
be alerted to any dispute about the establishment, function or
composition of a committee. Once investigated, the minister may
issue an order to enact a safety committee, or if in the case of an
existing committee, improve the function of the committee.
JHSC Committee Responsibilities
Employers who integrate the concept of
an Internal Responsibility System (IRS) into day-to-day activities
will reduce the likelihood of workplace accidents. Employers must
hold supervisors and workers accountable for the safety and
wellbeing of themselves and others in the workplace. One method of
ensuring compliance with applicable laws is for the employer to
practice exceptional due diligence. This refers to the employer's
legal responsibility to take every reasonable precaution to protect
the health and safety of the worker. The Ministry of Labour suggests
this can be accomplished by ensuring the employer and the workers
understand their responsibilities regarding workplace health and
safety.
Employer responsibilities include;
Learning about safety hazards in the
workplace Making workers aware of hazards; and Providing adequate
first aid at every worksite, including suppliers and someone trained
in first aid
Worker responsibilities include;
Knowing about hazards in the workplace
and how to do their job safely Participating in workplace health and
safety Practicing safe work procedures; and Reporting unsafe
conditions as quickly as possible
Regulations
JHSC Regulations Section 9 of The
Occupational Health and Safety Act specifies the requirements for a
joint health and safety committee. The O.H.S.A. applies to all
workplaces in Ontario except those covered under the Canada Labour
Code. The Act specifies when and how a safety committee should be
formed, the minimum number of participants on the committee, and
certification training that some members must receive. The Act
details the requirement to select members, establish co-chairs for
committee meetings, and explains the powers of the committee. All
committee members' names and work locations must be posted in a
conspicuous place so that all workers are familiar with those who
represent them on this committee.
Click here to view the Joint Health &
Safety Committees (JHSC) requirements by province
JHSC Part 1 Certification Requirements:
JHSC Part 1 Certification Training provides an overall knowledge of
health and safety concepts that apply to all workplaces.
Participants review various pieces of legislation and a number of
standards for health and safety and learn proper methods of
recognizing, assessing and controlling workplace health and safety
hazards. In addition, the proper way to performing an accident
investigation and workplace inspection are key components of this
training. The training is only available through an approved program
provider such as Occupational Safety Group.
JHSC Part 2 Certification Requirements:
JHSC Part 2 Certification Training focuses on the most significant
hazards in the workplace of the participant. Once participants have
successfully completed the multi-day Part One - Basic Certification
training, they return to the workplace and conduct an assessment of
the hazards significant in their environments. It is from these
assessments that the workplace-specific training is selected and
training begins. If possible, this training should be delivered by
the same provider that presented Part One - Basic Certification
training.
--------------------------------------------------------------------------------
Ontario Joint Health & Safety Committee
Regulations This material has been extracted from the Acts and
Regulations of Ontario to help students understand the subject. It
is not an official source of information and must not be used for
any other purpose.
The following is © Queen's Printer for
Ontario, 2009 – 2009 Regulations for Joint Health & Safety
Committees - Ontario
Occupational Health and Safety Act
R.S.O. 1990, CHAPTER O.1
Definitions
1. (1) In this Act, “certified member”
means a committee member who is certified by the Workplace Safety
and Insurance Board under the Workplace Safety and Insurance Act,
1997; “committee” means a joint health and safety committee
established under this Act; “employer” means a person who employs
one or more workers or contracts for the services of one or more
workers and includes a contractor or subcontractor who performs work
or supplies services and a contractor or subcontractor who
undertakes with an owner, constructor, contractor or subcontractor
to perform work or supply services; “health and safety
representative” means a health and safety representative selected
under this Act; “supervisor” means a person who has charge of a
workplace or authority over a worker; “worker” means 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; “workplace”
means any land, premises, location or thing at, upon, in or near
which a worker works.
Joint health and safety committee
(2) A joint health and safety committee
is required, (a) at a workplace at which twenty or more workers are
regularly employed; (b) at a workplace with respect to which an
order to an employer is in effect under section 33; or (c) at a
workplace, other than a construction project where fewer than twenty
workers are regularly employed, with respect to which a regulation
concerning designated substances applies.
Minister’s order
(3) Despite subsections (1) and (2),
the Minister may, by order in writing, require a constructor or an
employer to establish and maintain one or more joint health and
safety committees for a workplace or a part thereof, and may, in
such order, provide for the composition, practice and procedure of
any committee so established
(3.1) Despite subsections (1) and (2),
the Minister may, by order in writing, permit a constructor or an
employer to establish and maintain one joint health and safety
committee for more than one workplace or parts thereof, and may, in
the order, provide for the composition, practice and procedure of
any committee so established
(3.2) In an order under subsection
(3.1), the Minister may,
(a) provide that the members of a
committee who represent workers may designate a worker at a
workplace who is not a member of the committee to inspect the
physical condition of the workplace under subsection 9 (23) and to
exercise a committee member’s rights and responsibilities under
clause 43 (4) (a) and subsections 43 (7), (11) and (12); and
(b) require the employer to provide
training to the worker to enable the worker to adequately perform
the tasks or exercise the rights and responsibilities delegated by
the committee.
(3.3) If a worker is designated under
clause (3.2) (a), the following apply:
1. The designated worker shall comply
with this section as if the worker were a committee member while
exercising a committee member’s rights and responsibilities.
2. Subsections 9 (35) and 43 (13),
section 55, clauses 62 (5) (a) and (b) and subsection 65 (1) apply
to the designated worker as if the worker were a committee member
while the worker exercises a committee member’s rights and
responsibilities.
3. The worker does not become a member
of the committee as a result of the designation.
Composition of committee
(6) A committee shall consist of, (a)
at least two persons, for a workplace where fewer than fifty workers
are regularly employed; or (b) at least four persons or such greater
number of people as may be prescribed, for a workplace where fifty
or more workers are regularly employed.
(7) At least half the members of a
committee shall be workers employed at the workplace who do not
exercise managerial functions.
Selection of members
(8) The members of a committee who
represent workers shall be selected by the workers they are to
represent or, if a trade union or unions represent the workers, by
the trade union or unions.
(9) The constructor or employer shall
select the remaining members of a committee from among persons who
exercise managerial functions for the constructor or employer and,
to the extent possible, who do so at the workplace.
Requirement for committee membership
(10) A member of the committee who
ceases to be employed at the workplace ceases to be a member of the
committee.
Committee to be co-chaired
(11) Two of the members of a committee
shall co-chair the committee, one of whom shall be selected by the
members who represent workers and the other of whom shall be
selected by the members who exercise managerial functions.
Certification requirement (12) Unless
otherwise prescribed, a constructor or employer shall ensure that at
least one member of the committee representing the constructor or
employer and at least one member representing workers are certified
members. (13) Subsection (12) does not apply with respect to a
project where fewer than fifty workers are regularly employed or
that is expected to last less than three months.
Designation of member to be certified
(14) If no member representing workers
is a certified member, the workers or the trade unions who selected
the members representing workers shall select from among them one or
more who are to become certified.
Designation of certified members (15)
If there is more than one certified member representing workers, the
workers or the trade unions who selected the members representing
workers shall designate one or more certified members who then
become solely entitled to exercise the rights and required to
perform the duties under this Act of a certified member representing
workers.
(16) If there is more than one
certified member representing the constructor or employer, the
constructor or employer shall designate one or more of them who then
become solely entitled to exercise the rights and required to
perform the duties under this Act of a certified member representing
a constructor or an employer.
Replacement of certified member (17) If
a certified member resigns or is unable to act, the constructor or
employer shall, within a reasonable time, take all steps necessary
to ensure that the requirement set out in subsection (12) is met.
Powers of committee
(18) It is the function of a committee
and it has power to,
(a) identify situations that may be a
source of danger or hazard to workers; (b) make recommendations to
the constructor or employer and the workers for the improvement of
the health and safety of workers; (c) recommend to the constructor
or employer and the workers the establishment, maintenance and
monitoring of programs, measures and procedures respecting the
health or safety of workers; (d) obtain information from the
constructor or employer respecting, (i) the identification of
potential or existing hazards of materials, processes or equipment,
and (ii) health and safety experience and work practices and
standards in similar or other industries of which the constructor or
employer has knowledge; (e) obtain information from the constructor
or employer concerning the conducting or taking of tests of any
equipment, machine, device, article, thing, material or biological,
chemical or physical agent in or about a workplace for the purpose
of occupational health and safety; and (f) be consulted about, and
have a designated member representing workers be present at the
beginning of, testing referred to in clause (e) conducted in or
about the workplace if the designated member believes his or her
presence is required to ensure that valid testing procedures are
used or to ensure that the test results are valid.
(19) The members of the committee who
represent workers shall designate one of them who is entitled to be
present at the beginning of testing described in clause (18) (f).
Response to recommendations (20) A
constructor or employer who receives written recommendations from a
committee shall respond in writing within twenty-one days. (21) A
response of a constructor or employer under subsection (20) shall
contain a timetable for implementing the recommendations the
constructor or employer agrees with and give reasons why the
constructor or employer disagrees with any recommendations that the
constructor or employer does not accept.
Minutes of proceedings (22) A committee
shall maintain and keep minutes of its proceedings and make the same
available for examination and review by an inspector.
Inspections (23) Subject to subsection
(24), the members of a committee who represent workers shall
designate a member representing workers to inspect the physical
condition of the workplace.
(24) If possible, the member designated
under subsection (23) shall be a certified member.
(25) The members of a committee are not
required to designate the same member to perform all inspections or
to perform all of a particular inspection
(26) Unless otherwise required by the
regulations or by an order by an inspector, a member designated
under subsection (23) shall inspect the physical condition of the
workplace at least once a month.
(27) If it is not practical to inspect
the workplace at least once a month, the member designated under
subsection (23) shall inspect the physical condition of the
workplace at least once a year, inspecting at least a part of the
workplace in each month.
Schedule of inspections (28) The
inspection required by subsection (27) shall be undertaken in
accordance with a schedule established by the committee.
Inspections (29) The constructor,
employer and the workers shall provide a member designated under
subsection (23) with such information and assistance as the member
may require for the purpose of carrying out an inspection of the
workplace.
Information reported to the committee
(30) The member shall inform the committee of situations that may be
a source of danger or hazard to workers and the committee shall
consider such information within a reasonable period of time.
(31) The members of a committee who
represent workers shall designate one or more such members to
investigate cases where a worker is killed or critically injured at
a workplace from any cause and one of those members may, subject to
subsection 51 (2), inspect the place where the accident occurred and
any machine, device or thing, and shall report his or her findings
to a Director and to the committee.
Posting of names and work locations
(32) A constructor or an employer required to establish a committee
under this section shall post and keep posted at the workplace the
names and work locations of the committee members in a conspicuous
place or places where they are most likely to come to the attention
of the workers.
Meetings (33) A committee shall meet at
least once every three months at the workplace and may be required
to meet by order of the Minister.
Entitlement to time from work (34) A
member of a committee is entitled to, (a) one hour or such longer
period of time as the committee determines is necessary to prepare
for each committee meeting; (b) such time as is necessary to attend
meetings of the committee; and (c) such time as is necessary to
carry out the member’s duties under subsections (26), (27) and (31).
Entitlement to be paid (35) A member of
a committee shall be deemed to be at work during the times described
in subsection (34) and the member’s employer shall pay the member
for those times at the member’s regular or premium rate as may be
proper.
(36) A member of a committee shall be
deemed to be at work while the member is fulfilling the requirements
for becoming certified by the Workplace Safety and Insurance Board
and the member’s employer shall pay the member for the time spent at
the member’s regular or premium rate as may be proper.
Exception (37) Subsection (36) does not
apply with respect to workers who are paid by the Workplace Safety
and Insurance Board for the time spent fulfilling the requirements
for becoming certified
Meeting Preparations
JHSC Meeting Preparation The meeting
agenda should be sent out one week in advance of the meeting date.
All additions to the agenda should be made at least 48 hours prior
to the meeting by notifying the appropriate Co-chair to provide
ample time to prepare a new agenda. Meetings should have a defined
purpose, participation that is meaningful by all members, an action
plan, and accountability for all members, and finally, wrapping up
the meeting with a conclusion.
Required to prepare;
Setting the meeting dates, times and
meeting duration (if necessary pre-book the meeting room for those
dates) Prepare and distribute an agenda Review feedback from the
agenda and re-issue with additions Safety meeting structure,
presentation and control Minutes with required action,
responsibilities and completion dates Collect facility/plant safety
inspection reports from the most recent inspection; and Accident and
incident reviews Establishing regular meeting dates and times is the
most effective method of;
Maintaining consistency throughout the
year Ensuring regular attendance at safety meetings Controlling
health and safety hazards in the workplace; and Monitoring progress
of implemented corrective actions It is advantageous to set meeting
dates for the next twelve month period (preferably in January of
each year) and provide each safety committee member, and their
supervisor with a memo indicating the dates.
Meeting Agenda
JHSC Meeting Agenda Develop and
distribute the JHSC meeting agenda a week before the set date.
Distribute the agenda to committee members and their respective
managers or supervisors to provide both parties with sufficient time
to make necessary changes to cover off each workers job. Members
should be given ample time to include items under new business prior
to a final meeting agenda being set.
The Safety Meeting
The JHSC meeting is an opportunity to;
Review the findings from the most
recent facility/plant tour Decide on appropriate action Set dates
for implementation; and To decide on who will take the necessary
corrective action The committee will report on, and discuss any
accident/incident reports that may have been recorded since the last
meeting and what, if any, corrective action had been taken. It is
important to schedule enough time to conduct a hazard assessment on
the accident/incident before the implementation of corrective
actions. In some cases the correction will be obvious andsimple and
can be implemented in a short time period. In these situations, the
problem should be addressed immediately, implementation dates set,
and persons made accountable.
Within a week after the meeting,
meeting minutes should be drafted and provided to the co-chairs for
review. Upon accepting the draft, a copy for distribution is created
and signed by both co-chairs. Meeting minutes must include all
action steps and the names of those accountable for their
implementation. Copies of the meeting minutes should be distributed
to all committee members, their immediate manager or supervisor, if
any, and senior management. Minutes must also be posted on the
health and safety bulletin board for all employees to review.
The committee meeting minutes must be
catalogued and retained for future reference in order to prove due
diligence among other reasons, but most importantly to be made
available should a Ministry of Labour Inspector request a copy for
review. Oftentimes an inspector will use the meeting minutes as a
benchmark indicator to determine if the committee is functioning as
required and may provide feedback for improvements where
appropriate.
No action or other proceedings for
damages shall be instituted respecting any act done in good faith in
the execution or intended execution of a person's duties under the
Act, or intended exercise of a person's powers under the Act, or for
any alleged neglect or default in the execution or performance in
good faith of the person's duties or powers if the person is;
a) an employee of the Ministry
b) the Board or a labour relations
officer; or
c) a health and safety representative
or a committee member
Committee Meeting
JHSC Committee Meetings The committee
must meet at the workplace at least once every three months. More
frequent meetings may be necessary particularly in industries where
the work involves hazardous substances or procedures. Best practices
indicate a preference to monthly meetings especially where a
committee is first being formed and in situations where it is
practical to do so.
Committee meetings usually last one to
two hours however this meeting may not be the only type of meeting
that committee members may need to attend. The following is a list
of various safety related meetings that a member may attend. They
include;
Facility and plant tours Internal
complaint resolution meetings to review safety issues prior to a
work refusal Ad hoc meeting to review safety issues that arise
Accident or incident review Implementation of corrective actions;
and Discussions about a job hazard analysis All joint health and
safety committee meetings must follow a standardized agenda to
ensure consistency and should follow an order similar to the
following;
Call to order Attendance Approval of
previous minutes and status of outstanding items Chairperson's
report Recording secretary report (i.e. response to recommendations)
Employee safety concerns Inspection report Policy& procedure review
if applicable Legislative review (i.e.
www.e-laws.gov.on.ca ) New or upcoming business (i.e. training)
Next meeting topics, planning Adjournment
Hazzard Assessment
Hazard Assessment Employers determine
their JHSC Part 2 Certification Training needs based on the results
of a hazard assessment. A hazard assessment is the systematic review
of hazards in a workplace that may affect any worker’s health and
safety.
It is conducted by examining the
workplace and other sources of information. Sources may include:
Material Safety Data Sheets, Workplace Safety and Insurance Board (WSIB)
reports, incident/accident reports, general observations and input
from workers.
Consider:
Has the hazard contributed to a
workplace injury or illness? What is its potential for future injury
or illness? What severity of injury/illness could occur from
exposure to the hazard? Has the hazard contributed to a “near miss”?
How many workers are exposed to the hazard? Work flow or
process-flow information Accident injury or illness records for
workplace and industry, near miss reports.
FAQ
http://www.ccohs.ca/oshanswers/hsprograms/hscommittees/structure.html
Health and Safety Committee - Structure
Is the purpose of the committee
clearly defined?
Roles and responsibilities of JHSC are
generally defined in the health and safety legislation. Specifying a
purpose in simple terms is important since this purpose will help
later to define the Joint Health and Safety Committee's duties and
responsibilities. If too many objectives are specified, it can lead
to members having different priorities and energy being spread in
different directions at the same time. Examples of reasonable
statements found in safety literature are:
Create and maintain active interest in
health and safety and reduce accidents. Discuss and recommend
effective action on the workplace accident-causing conditions.
Promote an awareness of health and safety issues and an atmosphere
of cooperation between management and workers. Help in identifying
problems, formulating policy and procedures, monitoring and
improving workplace health and safety. Some jurisdictions have
legislated to give the committee a degree of power to make decisions
on health and safety matters. The end result is greater meaningful
worker participation at the level where accidents and health hazards
most commonly happen. The declared purpose of the committee should
be included in the company safety policy statement.
Is the committee's authority
clearly defined?
The degree of committee's authority
should be clearly defined and permanently recorded. When an
individual or group is to be responsible for a set of activities,
authority to carry out with those responsibilities must also be
granted. A degree of responsibility is still necessary if the
committee acts only in a consultative role. The provincial or
federal law which made the requirement for a health and safety
committee may also have declared a minimum amount of authority which
that committee must have. Examples would be the right to carry out
or participate in inspections and investigations, advise on refusal
to do unsafe work cases, hold regular meetings, and monitor
compliance with regulations. Check the appropriate legislation for
such features in your case.
An organization may expand on the
minimum authority granted by legislation. Normally such increased
authority does not extend to situations where a supervisor's
responsibility might be overridden, such as correcting unsafe acts
or shutting down an unsafe operation (unless imminent danger
exists). However, a committee member should have the right to
discuss the resolution of safety matters with any supervisor. As
with all health and safety committee matters, the degree of
authority should be resolved through joint labour/management
discussion.
However, the committee's role is to
make recommendations for action. The authority for action, and hence
the accountability for non-compliance, stays with the
employer/management. Establishing a committee does not lessen the
employer's accountability for health and safety.
To whom does the committee report?
The individual to whom the committee
reports should be fully knowledgeable about committee duties, health
and safety issues, and committed to the prevention of occupational
injuries and illnesses. The best choice is usually a member of
senior management since this person is most likely to be able to
take direct action on problems presented to him/her.
Does the committee meet regularly?
A committee which does not meet on a
regular basis will lose its drive, and will be perceived by workers
and management to be of limited effectiveness. Some laws state that
the health and safety committee must meet at least monthly or
quarterly (every three months). Under certain circumstances, such as
the initial stages of a newly formed committee or where
extraordinary safety problems exist, it may be necessary to meet
more often than the legal minimum. In organizations where accidents
appear to be under control, meeting time can still be effectively
used for additional safety education for the members.
Is full attendance achieved at
meetings?
Committees should not be satisfied at
just having a quorum at each meeting, but should strive for full
attendance. Appoint alternates to the committee to help achieve this
goal. Absenteeism leaves parts of the work force without
representation, creates discontinuity in committee activities,
indicates a lack of commitment to workplace safety, and reduces the
credibility of the committee as a whole.
Are meetings frequently postponed?
Meetings should be scheduled well in
advance, ideally for a set time of day and day of week to promote
regular attendance and allow preparation time for committee members.
Once the time and date is set, the meeting should not be postponed
except for emergency reasons. Frequently postponed meetings will be
seen as symptoms of lack of interest in safety, lack of management
commitment, and lack of committee leadership.
What time of day are meetings held?
The timing of meetings may depend on
factors which are difficult to control. For example, when different
shifts have to be represented, a time immediately before or after a
shift change might be best. Conflicts with the times when many key
employees are most needed at their workstation should be avoided if
possible. Whatever time is chosen, it should be the same for each
meeting to promote attendance and to emphasize the importance of
health and safety committee activities.
Where are meetings held?
Where available, a conference room
equipped with appropriate training aids such as flip charts, chalk
boards, and screens would be ideal. In any case, the area chosen
should be one where meetings can be held under quiet, uninterrupted
conditions.
Do meetings start and stop on
schedule?
Like all important, well-organized
meetings, those of the health and safety committee should start
promptly at the designated time. Tardy starts are another warning
sign of the lack of interest or commitment by members. On the other
hand, since committee members have other duties to perform, meetings
should also close at the scheduled time.
Are meetings frequently
interrupted?
No matter how carefully it is planned,
any meeting which is frequently interrupted by telephone calls,
people popping in to discuss something with individuals, or where
committee members are called out of the room will degenerate into a
state of disorganization. These disruptions may indicate that the
meeting is not very important, and certainly secondary to the normal
day-to-day activities in the company.
Is an agenda prepared for each
meeting?
An agenda serves both as a guide to
members' preparation for the meeting and as an outline for the order
of business at the meeting itself. Items which might be considered
are:
Roll call. Introduction of visitors.
Approval of minutes. Business arising from the minutes (including
progress reports on outstanding items). Reports (inspections,
accidents, statistics). New business (itemized). Educational
session. Time, date, place of next meeting. Adjournment.
What is the procedure for inclusion
of new items of business on the agenda?
All employees (management and labour)
should be encouraged to submit items to their committee
representatives who must be given the opportunity to present the
items for discussion. However, since the committee has only a
limited time to deal with all health and safety aspects, these items
should be screened before the whole committee addresses them.
Priorities might be established based on accident experience,
inspection reports, or events such as the introduction of new
equipment or procedures. Approval of agenda items could be made by
the committee as a whole, but here the danger lies in spending too
much time on discussing priorities rather than on actual health and
safety problems. The decision might best be left to the discretion
of the co-chair persons, as long as both labour and management are
represented in the decision.
Is the agenda distributed to all
members well before each meeting?
One of the reasons for preparing an
agenda is to allow each member to prepare for the meeting. This
preparation may involve discussions with the group he/she
represents, study of health and safety problems noted on the agenda,
or gathering information. Each member needs to know the topics under
consideration in order to contribute effectively at the meeting.
Is meeting time used in a
productive manner?
A detailed agenda will help make sure
that committee meetings proceed in an orderly manner but there are
other considerations as well. The meeting should not be used as a
forum for airing general complaints and grievances which have other
channels for hearing. Disciplinary and personnel matters should be
left to normal line management, personnel department, and union
staff to handle while the health and safety committee devotes its
attention to health and safety matters.
Individual cases of unsafe acts or
conditions (fix-it items) are matters which should be routinely
resolved through line management not through a health and safety
committee. When such items keep recurring during committee meetings,
it is an indication of unclear terms of reference or individuals
failing to carry out their responsibilities. These items only become
an appropriate topic for committee action where an inspection
reveals general noncompliance with safety rules/procedures, or when
other means to effect corrective action have failed.
On the other hand, committee members
must be aware of action taken to resolve cases of fix-it items in
order to be able to share the information or to take further action
as a committee. Disagreement is to be expected on some issues but
these should be resolved in a non-adversarial manner based on known
facts and logical thinking which lead to reasonable recommendations.
How are decisions reached at
meetings?
All committee members should understand
the manner in which decisions, recommendations, or future committee
activities are made. As far as possible decisions should be made by
consensus building. Formal voting should be avoided if possible
because of its inherent taking sides nature. No one individual
should have veto power over what will be recommended. The ideal
situation would be that consensus is reached through the process of
allowing each person to present his/her arguments and having these
debated by all committee members. Compromise solutions in the form
of more than one recommendation, setting priorities, or involving
interim measures may be the way out of a seemingly difficult
situation. If general agreement can be achieved, post-decision
support from the entire committee and all employees is more likely
to follow. The decision-making process is a key element in
determining committee unity and developing a spirit of cooperation
necessary for it to operate effectively.
Are all items of unfinished or new
business concluded by specific recommendations for action? The main
function of the health and safety committees is to put forward
recommendations. By ending each discussion item with a specific
recommendation, it is less likely that they will have to be
addressed at meeting after meeting. As with any complex question, a
useful way of checking how complete the response is to see if the
questions: what? why? how? where? when? and who? are answered. The
problem should be stated in clear terms based on known facts.
The committee should investigate
problems thoroughly and try to find their root causes. The
recommended solution must be logical, meet all legislative
requirements, and be the best possible practical method. The
location and time frame should be specified in the recommendation.
In some cases, such as when a waiting period is expected while new
equipment is purchased and installed, an interim solution may be
required.
Finally, and perhaps most important,
the individual(s) or group responsible for taking further action
should be named.
Are comprehensive minutes of
meetings kept?
The minutes of health and safety
committee meetings are to keep track of safety problems and to state
what recommendations have been made. Minutes also serve to promote
safety to all workers and serve as a permanent record of health and
safety committee activities. Items generally included are:
Time and date of meeting. Who attended.
Items discussed (reports, problems, statistics, education). Reasons
for recommendations (and counter arguments voiced). Recommendations
(specifying action by whom, by when). Time and date of next meeting.
The minutes should be brief and highlight all recommendations and
decisions. The secretary should make notes during the meeting, using
the agenda as a guide and write the minutes immediately after, while
the proceedings are fresh in his/her memory. An exact copy of
everything said is not required or desired, and the minutes should
not be so long that they discourage workers from reading them.
Are the minutes available to management
and committee members, and posted promptly for all workers to read?
Prompt posting of the minutes will show that solutions to safety
problems have been followed-up without delay. It also indicates that
the health and safety committee is operating efficiently, and
emphasizes that safety is a priority item in the organization. Some
jurisdictions require that minutes be forwarded to the
employer/regulatory agency/organization representing the workers.
For what period of time are minutes
kept on file?
Minutes of previous meetings are useful
sources of information as they may show trends and reveal problems
requiring more investigation, the training of new committee members,
or the determination of safety training topics. The length of time
they are kept may vary with the frequency of the meetings and other
factors but a minimum of two years is suggested.
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