1. The (Ex)Termination of Local Site JHSCs – Part II June 2018
WCB Advocacy Training
6/3/2019
The (Ex)Termination of Local Site JHSCs – Part II June 2018
Powered by Bad Wording in Legislation and Regulation
Tom McKenna,
National Representative

2. There can ONLY be one!

3. Overview of Presentation
WorkSafeBC Prevention stated in 2016 that Local/Site JHSCs (LHSCs) are NOT recognized by the Workers Compensation Act and the OHS Regulations. Since then a number of variance requests have occurred, especially in the Library sector. This presentation reviews the issue and next steps, something that can be challenging...

5. Overview of Presentation Cont’d
WCB Advocacy Training
6/3/2019
Overview of Presentation Cont’d
Background;
What the legislation and OHS Regulations state;
Who is a affected;
Current status;
Keeping LHSCs.

7. WCB Advocacy Training
6/3/2019
Background
WorkSafeBC issued an Inspection Order(s) in April 2016 to the University of British Columbia (UBC) affecting 20,000 employees and 3 CUPE Locals e.g
The Order stated over 100 Local Site committees (LHSCs), from over 5 Unions, must be replaced with multiple Joint Health and Safety Committees (JHSCs). See Inspection Report # A.

8. WCB Advocacy Training
6/3/2019
Background Cont’d
The issues are the term “workplace” and the lack of reference to LHSCs in the legislation and OHS Regulations.
The Order stated Local 2950 was not entitled to LHSCs, per page 2, Parts I and II.
UBC was allowed to determine how many additional JHSCs to establish and how this would be done per OHS Regulation Guideline G-D

9. WCB Advocacy Training
6/3/2019
Background Cont’d
Where LHSCs continued to exist, the LHSCs could NOT perform the functions of a JHSC.
The Order was not appealed as the legislation (including the Workers Compensation Act) and the OHS Regulations do not support an appeal.

10. WCB Advocacy Training
6/3/2019
Background Cont’d
Other BC Universities and Colleges will likely be affected.
The Vancouver Library and Fraser Valley Regional Library employers are actively trying to eliminate LHSCs.

11. WCB Advocacy Training
6/3/2019
Background Cont’d
At Joint K-12 Sector meetings at WorkSafeBC in 2016, CUPE and the employers asked for a change in WorkSafeBC’s position…

12. Background Cont’d Negotiation with WorkSafeBC did not work...
WCB Advocacy Training
6/3/2019
Background Cont’d
Negotiation with WorkSafeBC did not work...

13. WCB Advocacy Training
6/3/2019
Background Cont’d
WorkSafeBC made its position clear at the meetings...

14. Background Cont’d The meetings deteriorated... WCB Advocacy Training
6/3/2019
Background Cont’d
The meetings deteriorated...

15. WCB Advocacy Training
6/3/2019
Background Cont’d
The Workers Compensation Act and OHS Regulations were not helpful...we could feel there were BIG problems coming...

16. WCB Advocacy Training
6/3/2019
Background Cont’d
Emotions were running high, things were getting hairy...

17. Background Cont’d We maintained the current status for now.
WCB Advocacy Training
6/3/2019
Background Cont’d
We maintained the current status for now.
The BC Federation of Labour and other affiliate Unions are aware of the issue.
Formal coordination is still NOT occurring as most parties are taking a “wait and see” approach due to varying employer and sector approaches by WorkSafeBC...

19. What Legislation and OHS Regulations State
WCB Advocacy Training
6/3/2019
What Legislation and OHS Regulations State
The Workers Compensation Act and OHS Regulations do NOT support the existence and function of LSHCs.
See Section 125, 127, 130, 133, 134, 136 and 139 of the Workers Compensation Act, for example.
The OHS Regulations also do NOT offer relief. The language needs change...

21. What Legislation and OHS Regulations State Cont’d
WCB Advocacy Training
6/3/2019
What Legislation and OHS Regulations State Cont’d
There have not been any successful appeals from the legislation and OHS Regulation.
Due to jurisdictional issues e.g. jurisdiction of arbitrators, and at least 4 arbitrations (see the recent BCNU case), negotiating and enforcing Collective Agreement language is a challenge.
Legislative change is required to clarify wording...

23. Who is a Affected and Why
All Unions, all Locals, all sectors.
There has not been a consistent approach by WorkSafeBC.
There has not been a consistent communication of the approach to employers, other than sporadic Orders and requests for variances...

25. Current Status
Some employers have not been receptive to hearing CUPE’s message.

26. Current Status – Micro Level
A Joint Union (Local 2950) and employer OHS/HR meeting occurred January 17, to get an update on UBC’s response to the Order.
The Parties created a new structure comprised of both the existing 108 LHSCs and at least 24 (of which 23 are new) JHSCs.

27. Current Status – Micro Level Cont’d
It was based on converting existing LHSCs.
The role of the LHSCs is now determined by the revised Terms of Reference for JHSCs which were amended in mid 2017.

28. Current Status – Macro Level
The K-12 Sector employers are still lobbying WorkSafeBC to keep the LHSCs.
The BC Federation of Labour is aware of the issue.
The BC Federation of Labour forwarded CUPE’s concerns to WorkSafeBC.
CUPE BC has been made aware of the issue.

29. Current Status – Macro Level Cont’d
Different employers and employer associations still have different positions.
Confusion and differences of opinion between WorkSafeBC, Unions and employers is inevitable...

31. Keeping LHSCs
Consider Collective Agreement language with the assistance and direction of the CUPE National Representative and the CUPE Legal Department.
Other employers should be encouraged to adopt the UBC model if changes occur.
Lobby the current government and WorkSafeBC Board of Directors.

32. Keeping LHSCs Cont’d
Hold on tight, this ride could get bumpy...

33. Q u e s t i o n s ?

34. The saga continues… tmjd/cope491
T_McKenna/powerpoints/Local_OHS_Committees_Ottawa_Power_Point_2018_05_07