HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

ROD NOEL Health and Safety Officer -24 years Health and Safety Officer -24 years Southwest Ontario Southwest Ontario PSAC Local 258 member PSAC Local 258 member Previous CN Rail/DND-Mechanical Trades Previous CN Rail/DND-Mechanical Trades Over 30 Years as an Activist Over 30 Years as an Activist Ryerson OHS Certificate Ryerson OHS Certificate Ontario WHSC OHS Instructor Ontario WHSC OHS Instructor

Health and Safety Why an Activist- A social justice issue…from experience A social justice issue…from experience My early work exposures …leather tannery - acids, ammonia, chemical burns My early work exposures …leather tannery - acids, ammonia, chemical burns Carcinogins - ie. chromium Carcinogins - ie. chromium Factories/forklifts/hydraulic presses Factories/forklifts/hydraulic presses As Steamfitter/gasfitter (asbestos) As Steamfitter/gasfitter (asbestos)

Railway Union H&S.. 70s and 80s Union OHS training/ Canada Labour Code Union OHS training/ Canada Labour Code Inherently Dangerous work….. Inherently Dangerous work….. Unsafe movement of trains Unsafe movement of trains RTW-discipline=escorted off the property RTW-discipline=escorted off the property CLRB case-ruled danger CLRB case-ruled danger

Late 80s to now H&S Training…as an HSO-and union H&S Training…as an HSO-and union Other HSOs - good backgrounds/expertise Other HSOs - good backgrounds/expertise Many Investigations/accidents/fatalities Many Investigations/accidents/fatalities Multiple fatalities-from diving work to communication tower collapse Multiple fatalities-from diving work to communication tower collapse To confined spaces/fires/many others To confined spaces/fires/many others Prosecutions/Inquests Prosecutions/Inquests Court fines (50, ,000) Court fines (50, ,000)

Canada Labour Code is Stronger…….and Westray mine (26 deaths) led to the Criminal Code and criminal negligence charges Westray mine (26 deaths) led to the Criminal Code and criminal negligence charges Employer must prove due diligence defence.…Courts take strong view on OHS Employer must prove due diligence defence.…Courts take strong view on OHS Stronger Regulations: Stronger Regulations: Regulation 19 – HAZARD PROTECTION(HPP) Regulation 19 – HAZARD PROTECTION(HPP) Regulation 20 – VIOLENCE PROTECTION (VPP Regulation 20 – VIOLENCE PROTECTION (VPP

Understand how the CODE and OHS law works KNOW THE CODE-and Regulations KNOW THE CODE-and Regulations KNOW SECTION 122 – PURPOSE is prevention KNOW SECTION 122 – PURPOSE is prevention ADMINISTRATIVE CONTROLS ADMINISTRATIVE CONTROLS ENGINEERING ENGINEERING PPE-AS A LAST RESORT PPE-AS A LAST RESORT SECTION 134 and 135 –COMMITTEE POWERS SECTION 134 and 135 –COMMITTEE POWERS

The Code 125. (1) 125. (1) states in respect of every work place controlled by the employer and, states in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,

Employers legal duty to: (z.07) ensure the availability in the work place of premises, equipment and personnel necessary for the operation of the policy and work place committees; (z.07) ensure the availability in the work place of premises, equipment and personnel necessary for the operation of the policy and work place committees; (z.08) cooperate with the policy and work place committees or the health and safety representative in the execution of their duties under this Part; (z.08) cooperate with the policy and work place committees or the health and safety representative in the execution of their duties under this Part;

Health and Safety Committees Are….Essential !! A Committee must be allowed to do its work A Committee must be allowed to do its work Employers must provide……facilities Employers must provide……facilities Ie. Computers/records storage/file cabinet Ie. Computers/records storage/file cabinet A Minute taker - signed minutes A Minute taker -accurate signed minutes Time - to attend meetings Time - to attend meetings And Prep Time………!! And Prep Time………!!

Strategy – Insist on accurate minutes!! Minutes are a legal record Minutes are a legal record Minutes must be signed by the employer Minutes must be signed by the employer Minutes are evidence…….. Minutes are evidence……..

If minutes are not accurate?? Employee Co-Chair should not sign Employee Co-Chair should not sign File complaint with Labour Program File complaint with Labour Program Provide details of inaccuracy to HSO – request enforcement of the Code. Provide details of inaccuracy to HSO – request enforcement of the Code.

AT Committee MEETINGS Put the Canada Labour Code and Regulations …on the table. Put the Canada Labour Code and Regulations …on the table. Refer to Code/ Regs / OPDS AND IPGS Refer to Code/ Regs / OPDS AND IPGS Also …OHS publications and Guides Also …OHS publications and Guides TB OHS Policies/Employer policies, etc TB OHS Policies/Employer policies, etc Ensure accurate Minutes (Insist!!) Ensure accurate Minutes (Insist!!)

Committee Rights and Duties KNOW Sections 134 and 135 of the Code KNOW Sections 134 and 135 of the Code All the duties All the duties The SHALLS……and the MAYS…… The SHALLS……and the MAYS……

All the shalls……!!! (4) A policy committee (4) A policy committee (a) shall participate in the development of health and safety policies and programs; (a) shall participate in the development of health and safety policies and programs; (b) shall consider and expeditiously dispose of matters concerning health and safety raised by members of the committee or referred to it by a work place committee or a health and safety representative; (b) shall consider and expeditiously dispose of matters concerning health and safety raised by members of the committee or referred to it by a work place committee or a health and safety representative; (c) shall participate in the development and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters; (c) shall participate in the development and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters; (d) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health and safety; (d) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health and safety; (e) shall participate in the development and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials; (e) shall participate in the development and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials; (f) shall cooperate with health and safety officers; (f) shall cooperate with health and safety officers; (g) shall monitor data on work accidents, injuries and health hazards; and (g) shall monitor data on work accidents, injuries and health hazards; and (h) shall participate in the planning of the implementation and in the implementation of changes that might affect occupational health and safety, including work processes and procedures. (h) shall participate in the planning of the implementation and in the implementation of changes that might affect occupational health and safety, including work processes and procedures. Information Information

And some Mays…… (5) ………….. committee may request from an employer (5) ………….. committee may request from an employer any information that the committee considers necessary any information that the committee considers necessary to identify ……….hazards ……….in any of the employers work places. to identify ……….hazards ……….in any of the employers work places. If requested – An employer must provide If requested – An employer must provide

The Code and Employer Records Section 135(9) states…..a Committee shall have full access to ……….. Section 135(9) states…..a Committee shall have full access to ……….. all …government and employer reports, studies and tests relating to the health and safety of employees. all …government and employer reports, studies and tests relating to the health and safety of employees. But not to medical records….without employees consent. But not to medical records….without employees consent.

Committee functions - Chairpersons to assign functions Chairpersons to assign functions (b) if (only) one member is designated, the member shall be an employee member. (b) if (only) one member is designated, the member shall be an employee member.

The HPP - Reg 19 is the Key to knowing your workers and your workplace) Hazard Prevention Program Hazard Prevention Program 19.1 (1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components: 19.1 (1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:

Hazard Prevention Program (a) an implementation plan; (a) an implementation plan; (b) a hazard identification and assessment methodology; (b) a hazard identification and assessment methodology; (c) hazard identification and assessment; (c) hazard identification and assessment; (d) preventive measures; (d) preventive measures; (e) employee education; and (e) employee education; and (f) a program evaluation. (f) a program evaluation.

Labour Program HSOs (Health and Safety Officers) will need PROOF /seeking evidence of what has been happening. HSOs (Health and Safety Officers) will need PROOF /seeking evidence of what has been happening. Your statements……… Your statements……… Documentation (minutes / s) Documentation (minutes / s) Ensure minutes are accurate Ensure minutes are accurate Employer must respond in 30 Days……….. Employer must respond in 30 Days………..

EVIDENCE WHAT IS EVIDENCE? WHAT IS EVIDENCE? Documents/ Documents/ Visual inspection/photos Visual inspection/photos Absence of records/procedures/JHA Absence of records/procedures/JHA Absence of Training Records Absence of Training Records

HSOs duties (1) A health and safety officer shall conduct an inspection of the work place in the presence of (1) A health and safety officer shall conduct an inspection of the work place in the presence of (a) an employee member and an employer member of the work place committee; or (a) an employee member and an employer member of the work place committee; or (b) the health and safety representative and a person designated by the employer. (b) the health and safety representative and a person designated by the employer.

How we enforce the Code OPDS AND IPGS OPDS AND IPGS Our DIRECTIVES AND GUIDELINES Our DIRECTIVES AND GUIDELINES Are Available to the public Are Available to the public Know the Labour Program WEB-SITE: Know the Labour Program WEB-SITE: USE AT MEETINGS WITH HSOS USE AT MEETINGS WITH HSOS

INSIST ON LEGAL DUTY EMPLOYER MUST PERMIT A COMMITTEE TO FUNCTION EMPLOYER MUST PERMIT A COMMITTEE TO FUNCTION Employer must always consult: Employer must always consult: ON DEVELOPING OHS PROGRAM ON DEVELOPING OHS PROGRAM ON IMPLEMENTING OHS PROGRAM ON IMPLEMENTING OHS PROGRAM Must COOPERATE with a Committee

The VPP VIOLENCE PREVENTION IN THE WORK PLACE VIOLENCE PREVENTION IN THE WORK PLACE For another day…….. For another day……..