Transcript H & S Workshop June 10, 2005 - Ontario Nurses' Association

HEALTH AND SAFETY
CAUCUS/WORKSHOP
JUNE 10, 2005
ONA H&S Caucus/Workshop June
10, 2005
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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.
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Powers and Rights of the
JHSC
•
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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
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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)
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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.
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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!
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Examples of Hazards/Issues
requiring Measures &
Procedures under Act & Reg.
Procedures/equipment/training for:
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Violence
Infection control
Safety engineered medical devices (sharps etc.)
Lifting equipment
Air quality
Fit Testing
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Make Employer comply with
OHSA and Regs
• Develop a JHSC Terms of Reference
• Prepare agenda in advance
• Review all material in advance (including
accident reports)
• Ensure equal representation
on JHSC
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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
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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
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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
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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.
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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)
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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.)
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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
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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
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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
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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.
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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
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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
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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
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When MOL Leaves Orders
• Call a meeting of the whole JHSC
• Worker members Caucus beforehand
• Review Orders and draft Written
Recommendations
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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
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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.
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What if MOL accepts Compliance?
• Caucus with worker committee
members
• Do you agree with inspector and/or cocommittee members that there is
compliance? If not, contact LRO to
consider appeal
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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
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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.
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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”
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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
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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
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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)?
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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
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