2. ONA H&S Caucus/Workshop June 10, 2005 1 HEALTH AND SAFETY CAUCUS/WORKSHOP JUNE 10, 2005

3. ONA H&S Caucus/Workshop June 10, 2005 2 JHSC – What is it? Very powerful tool JHSC has power to monitor the employer’s H & S practices (in many ways) and lead them in complying with OHSA.

4. ONA H&S Caucus/Workshop June 10, 2005 3 Power to identify hazards Obtain information Inspect the workplace Investigate work refusals Investigate serious injuries – OHSA, Critical Injuries 9(31) Make written recommendations to the employer Powers and Rights of the JHSC

5. ONA H&S Caucus/Workshop June 10, 2005 4 Powers and Rights of the JHSC (cont’d) Consulted in: Development, reviews and revisions of H & S measures and procedures(s. 8 & 9 Health Care Reg) Development and establishment of H & S training (s.9 (4) Health Care Reg)

6. ONA H&S Caucus/Workshop June 10, 2005 5 Employer Duties Take every precaution reasonable in the circumstance for the protection of a worker Prepare and review at least annually a written OH &S policy and develop and maintain a program to implement that policy.

7. ONA H&S Caucus/Workshop June 10, 2005 6 Identifying Hazards/Issues Accidents/injuries/incidents (OHSA sections 9, 51 and 5 of Health Care Reg) Where are they happening? Why? Inspect! (section 9(26) OHSA) Investigate! Worker Complaints!

8. ONA H&S Caucus/Workshop June 10, 2005 7 Examples of Hazards/Issues requiring Measures & Procedures under Act & Reg. Procedures/equipment/training for: Violence Infection control Safety engineered medical devices (sharps etc.) Lifting equipment Air quality Fit Testing

9. ONA H&S Caucus/Workshop June 10, 2005 8 Develop a JHSC Terms of Reference Prepare agenda in advance Review all material in advance (including accident reports) Ensure equal representation on JHSC Make Employer comply with OHSA and Regs

10. ONA H&S Caucus/Workshop June 10, 2005 9 Make Employer comply with OHSA and Regs - Cont Ensure you are provided with the following reports prior to each meeting and Identify hazards by analyzing: –Inspection reports –Accident reports –Incident reports –Employee concerns

11. ONA H&S Caucus/Workshop June 10, 2005 10 Make Employer comply with OHSA and Regs – Cont. Always – Always – Always caucus with all worker members of the JHSC before every meeting Hold regular JHSC meetings with sufficient time to discuss and determine a resolution for all identified issues/hazards

12. ONA H&S Caucus/Workshop June 10, 2005 11 Make Employer comply with OHSA and Regs – Cont. If JHSC needs more time to consider the matter, set up a sub committee (short duration) to investigate and report back at next mtg. Table written recommendations—the employer has only 21 days to respond

13. ONA H&S Caucus/Workshop June 10, 2005 12 Make Employer comply with OHSA and Regs – Cont. Written Recommendation can include: Development or Revisions of a Policy Measures and procedures (a Program) Training Equipment Staffing etc.

14. ONA H&S Caucus/Workshop June 10, 2005 13 Commons Problems at JHSC mtg. Issues acknowledged but tabled for the next meeting and then tabled again and again (e.g. violence, air quality, etc.) Cost (e.g. lifting devices, safety engineered sharps, fit-testing)

15. ONA H&S Caucus/Workshop June 10, 2005 14 Commons Problems at JHSC mtg. – Cont. Insufficient information (e.g. only accident summary, not notified within 4 days of accident, not notified immediately of critical, consultant reports not produced, etc.)

16. ONA H&S Caucus/Workshop June 10, 2005 15 Taking Action Remember: Employer inaction does not mean it’s the correct action. Responses regarding cost are not your concern. Cost should never be the reason for not protecting workers

17. ONA H&S Caucus/Workshop June 10, 2005 16 Taking Action – Cont. Advise the employer reps that you wish to work together but if they won’t work with you the unresolved issue will have to be resolved by the MOL Ensure then that the worker co-chair or other worker member of the JHSC calls the MOL

18. ONA H&S Caucus/Workshop June 10, 2005 17 Taking Action - Cont. Explain to MOL you have an unresolved H& S issue and need them to inspect the workplace Tell them this is a formal complaint

19. ONA H&S Caucus/Workshop June 10, 2005 18 Taking Action - Cont. Ensure that all worker members know what information the designate will provide and expect of the MOL inspector when she/he arrives This can be arranged during your caucus before the JHSC Mtg.

20. ONA H&S Caucus/Workshop June 10, 2005 19 When the MOL Arrives: For Example - If unresolved issue pertains to violence. Ask for orders and point the inspector to:  Minutes where the JHSC has repeatedly tabled the issue  Shortages in staffing that may be a root cause  An old or non-existent policy and program  Code White non-existent or not adequate

21. ONA H&S Caucus/Workshop June 10, 2005 20 When the MOL Arrives  Need for an immediate risk assessment from an outside provider like HCHSA who should also provide JHSC with Recommendations  Proper Security (hands on)  Need to provide panic buttons for all staff  Immediate Crisis intervention training for all staff  Link to the Police

22. ONA H&S Caucus/Workshop June 10, 2005 21 When MOL won’t leave adequate orders Speak to your LRO about appealing the non-issuance of an order (30 day time limit) May be able to file a grievance Ensure that DST Prime for H&S is made aware of the issues DST Prime contacts Specialist who may intervene and call MOL

23. ONA H&S Caucus/Workshop June 10, 2005 22 When MOL Leaves Orders Call a meeting of the whole JHSC Worker members Caucus beforehand Review Orders and draft Written Recommendations

24. ONA H&S Caucus/Workshop June 10, 2005 23 When MOL Leaves Orders JHSC has right to be consulted about any measures, procedures and training you feel is necessary for employer to comply with MOL orders Table the Draft Written Recommendations at JHSC Mtg. and discuss. Fine tune and submit final written recommendations to the employer

25. ONA H&S Caucus/Workshop June 10, 2005 24 When MOL leaves Orders Ensure worker members of JHSC do not sign off for compliance unless you are satisfied that the employer’s response for compliance will resolve the issue. If it doesn’t, contact MOL inspector (by e-mail or phone but document call) and advise of JHSCs concerns.

26. ONA H&S Caucus/Workshop June 10, 2005 25 What if MOL accepts Compliance? Caucus with worker committee members Do you agree with inspector and/or co- committee members that there is compliance? If not, contact LRO to consider appeal

27. ONA H&S Caucus/Workshop June 10, 2005 26 Misconceptions clarified The JHSC is not the party that is responsible to correct hazards/problems (employer/supervisor) If the JHSC has not addressed issue or refuses you can call the Ministry of Labour (MOL) yourself

28. ONA H&S Caucus/Workshop June 10, 2005 27 Misconceptions clarified (cont’d) It is about union vs. management until management does its H & S job (In a well functioning IRS, you can take off your hat at a JHSC and everyone only thinks about H & S for all workers) The employer reps cannot out number the worker members at any JHSC mtg.

29. ONA H&S Caucus/Workshop June 10, 2005 28 Final Thoughts Any unresolved issue can and should follow the process shown today using the JHSC and where that fails the MOL Remember if danger is immediate try to immediately resolve it with the supervisor If no immediate response – call the MOL and launch a “formal union complaint”

30. ONA H&S Caucus/Workshop June 10, 2005 29 Final Thoughts – Cont. Emphasize to MOL that the danger is imminent and you need them to attend immediately Reach out to your bargaining unit and ONA staff if you encounter problems

31. ONA H&S Caucus/Workshop June 10, 2005 30 Final Thoughts – Cont. The three main steps to move forward unresolved H & S issues/hazards are to: Caucus Write Written Recommendations Take Action call MOL if no progress at JHSC Meeting or with employer

32. ONA H&S Caucus/Workshop June 10, 2005 31 Lead(s)/Representative(s)/Network What benefits do the Lead(s)/Representative(s)/Network provide at the Local and Provincial Level? What can be done to improve the utilization of Lead(s)/Representative(s)/Network? What suggestions do you have for future development of H&S hazard(s)/issue(s)?

33. ONA H&S Caucus/Workshop June 10, 2005 32 Snow Cards Please PRINT Identify the Session that the question originates from e.g. from the DST Prime presentation One question per snow card THANK YOU