Work Place Committees and Health and Safety Representatives Training Module 1- LEGAL REQUIREMENTS AND THE ROLE OF WORK PLACE COMMITTEES AND HEALTH AND SAFETY REPRESENTATIVES

Work Place Committtee and H&S Representative Training 2 Health and Safety Within (Insert Dept’s Name) Key Partners Human Resources and Social Development Canada (HRSDC) – Administers and enforces the Canada Labour Code Treasury Board – Originates policies and procedures – Delineates responsibilities of key players

Work Place Committtee and H&S Representative Training 3 Health and Safety Within (Insert Dept’s Name) Key Partners Health Canada – Workplace Health and Public Safety – Provides medical advisory services and health care – Investigates health hazards

Work Place Committtee and H&S Representative Training 4 TB Policy statement It is the policy of the government to provide employees with a safe and healthful working environment and with occupational health services as defined in this policy.

Work Place Committtee and H&S Representative Training 5 Departmental Policy Insert policy statement here

Work Place Committtee and H&S Representative Training 6 Responsibilities Managers and employees are responsible for Occupational Health and Safety (OHS) Departmental OHS Managers / Coordinators / Safety Officers are advisors to the line authority

Work Place Committtee and H&S Representative Training 7 Work Place Committees or Health and Safety Representatives are also advisors to the line management

Work Place Committtee and H&S Representative Training 8 Policy Committees Address issues that cannot be dealt with by local work place committees. Assist in creating policies and programmes in regard to health and safety issues common to multiple locations, e.g. personal protective equipment (PPE) policy

Work Place Committtee and H&S Representative Training 9 Policy Committees Strengthen the internal responsibility system, which is a major objective of the Code. A policy committee can also ensure consistency across work sites.

Work Place Committtee and H&S Representative Training 10 Regional Health and Safety Committees Not a legislated requirement Receive referred issues from local committees and representatives Identify and resolve regional health and safety issues

Work Place Committtee and H&S Representative Training 11 Regional Health and Safety Committees Refer issues, as appropriate, to the Policy Committee Disseminate information to local committees and representatives

Work Place Committtee and H&S Representative Training 12 Three Basic Rights Right to know Right to participate Right to refuse dangerous work Also – special provisions for pregnant and nursing mothers

Work Place Committtee and H&S Representative Training 13 Duties of the Employer 124. Every employer shall ensure that the health and safety at work of every person employed by the employer is protected + Forty-five specific duties under section 125 of the Code

Work Place Committtee and H&S Representative Training 14 Employer’s duties specific to committees and representatives (q) provide each employee with information, instruction, training (s) each employee to be made aware of known or foreseeable health or safety hazards (z.01) ensure committee member and reps receive training and know responsibilities

Work Place Committtee and H&S Representative Training 15 Employer’s duties specific to committees and representatives (z.03), (z.04) in consultation with policy committee (if none, WPC or rep), develop a prescribed program for the prevention of hazards (z.05) Consult with policy committee (if none, WPC or rep), to plan implementation of changes affecting health and safety, including work processes and procedures (z.06) Consult work place committee or rep in implementing above changes

Work Place Committtee and H&S Representative Training 16 Employer’s duties specific to committees and representatives (z.07) Ensure availability of premises, equipment and personnel for operation of committees (z.08) Cooperate with committees and representatives in execution of their duties (z.09) Develop H & S policies and programs in consultation with policy committee (if none, WPC or rep)

Work Place Committtee and H&S Representative Training 17 Employer’s duties specific to committees and representatives (z.10) Respond in writing to recommendation by committees or reps within 30 days (z.11) Provide committees and representatives copies of any report on hazards, assessment (z.12) Ensure work place committees or reps inspect each month all or part of the work place, so every part is inspected at least once each year

Work Place Committtee and H&S Representative Training 18 Employer’s duties specific to committees and representatives (z.13) Develop, implement and monitor program for provision of PPEs, clothing, devices, materials, in consultation with policy committee (if none, WPC or rep) (z.15) meeting with health and safety rep as necessary (z.17) post names, location and telephone of committee member or representative (see also 125(2))

Work Place Committtee and H&S Representative Training 19 Employer’s duties specific to committees and representatives (z.18) Provide info requested by committees or reps within 30 days or ASAP (z.19) Consult with work place committees or reps on implementation and monitoring of programs

Work Place Committtee and H&S Representative Training 20 Duties of Employees To comply with the employer’s health and safety program Ten specific duties under section 126 of the Code Cooperate with work place committee or representative

Work Place Committtee and H&S Representative Training 21 Liability No person serving as a member of a committee is personally liable for anything done or not done in good faith.

Work Place Committtee and H&S Representative Training 22 Work Place Committees & Representatives 1 to 19 employees — employees select H&S representative twenty or more employees — work place committee 300 or more employees — policy committee

Work Place Committtee and H&S Representative Training 23 Committee’s Composition At least two people At least half must represent employees Employees or bargaining agent (as applicable) select the employee representative(s)

Work Place Committtee and H&S Representative Training 24 Committee’s Composition The employer (senior manager) selects the management representative(s) All members are appointed by the employer All members must be employees of the employer (exception - Policy committee if provided in an agreement)

Work Place Committtee and H&S Representative Training 25 Duties and responsibilities of work place committees and representatives Sections 135 and (Committees) Section 136 (Representatives) Safety and health committees and representatives regulations

Work Place Committtee and H&S Representative Training 26 Examples include: Complaints related to H&S Participation in H&S related investigations Monitoring the local H&S programme Keeping records Access to H&S related reports

Work Place Committtee and H&S Representative Training 27 Work Place Committee Operations Selection of members Terms of reference (ToR) Two co-chairs Minutes to meetings/agenda

Work Place Committtee and H&S Representative Training 28 Work Place Committee Operations Frequency of meetings Size of committee Quorum Annual report

Work Place Committtee and H&S Representative Training 29 Important items often left out: Who from the committee will participate in inspections, investigations and H&S related inquiries & How they will participate

Work Place Committtee and H&S Representative Training 30 Committees/Representatives Responsibilities in common Ensure records are maintained Develop/implement/monitor prevention programs Monthly inspections Participate in all investigations Have input into evacuation plans/emergency procedures Training and information

Work Place Committtee and H&S Representative Training 31 Remember Policy and work place committees are advisory bodies who cannot direct management to carry out their recommendations.

Work Place Committtee and H&S Representative Training 32 Due Diligence Means to take every precaution reasonable in the circumstances to avoid the harm or loss.

Work Place Committtee and H&S Representative Training 33 CLC part II, 148.(4) On a prosecution of a person for a contravention of any provision of this Part, except paragraphs 125(1)(c) and (z.10) and (z.11), it is a defence for the person to prove that the person exercised due care and diligence to avoid the contravention.

Work Place Committtee and H&S Representative Training 34 Due Diligence Defence to avoid being charged, supervisors must prove they did everything a reasonable person could have done to prevent contravention or incident if charge laid, supervisors must demonstrate to court ’ s satisfaction that due diligence components were in place before incident

Work Place Committtee and H&S Representative Training 35 Due Diligence Defence burden of proof is on the accused managers and supervisors can delegate responsibility and accountability so long as the delegation is clearly demonstrated, carried out and confirmed the closer to the incident that the accused is in the chain of command, the more detailed the reasonable care requirements will be

Work Place Committtee and H&S Representative Training 36 Establishing due diligence written policies, practices, and procedures provide training to employees train the supervisors monitor the workplace ensure that employees are following the policies, practices and procedures

Work Place Committtee and H&S Representative Training 37 Due Diligence for Senior Management be aware of their responsibilities and have written policies and directions in place ensure that system-wide programs are in place require regular reports and conduct periodic spot checks act immediately when made aware of potentially serious situations

Work Place Committtee and H&S Representative Training 38 Due Diligence for Middle Management be aware of responsibilities and issues ensure that the appropriate prevention programs are in place where necessary, give specific direction

Work Place Committtee and H&S Representative Training 39 Due Diligence for Middle Management report upward and manage downwards exercise supervision and control over those whom they are normally expected to influence or control ensure supervisors have adequate OHS training

Work Place Committtee and H&S Representative Training 40 Due Diligence for Line Management (Supervisors) ensure that prevention program components are implemented ensure that supervisors and employees are trained and that training is confirmed and recorded ensure that incidents are investigated and reported, corrective action is implemented and that follow-up is done

Work Place Committtee and H&S Representative Training 41 Exercise – Failure to Act with Due Diligence – Part I – read the handout – working in groups, answer the questions on page 2.