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

Health and Safety Within Key Partners

(Insert Dept’s Name)  Human Resources and Social Development Canada (HRSDC) – Administers and enforces the Canada Labour Code

2

 Treasury Board – – Originates policies and procedures Delineates responsibilities of key players Work Place Committtee and H&S Representative Training

3 Health and Safety Within Key Partners

(Insert Dept’s Name)  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

Policy Committees

9

 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

Regional Health and Safety Committees

 Not a legislated requirement  Receive referred issues from local committees and representatives

10

 Identify and resolve regional health and safety issues Work Place Committtee and H&S Representative Training

Regional Health and Safety Committees 11

 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

Duties of the Employer

13



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

Employer’s duties specific to committees and representatives 15

(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

Employer’s duties specific to committees and representatives 16

(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

Employer’s duties specific to committees and representatives 17

(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

Employer’s duties specific to committees and representatives 18

(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

Duties of Employees

 To comply with the employer’s health and safety program  Ten specific duties under section 126 of the Code

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 Cooperate with work place committee or representative Work Place Committtee and H&S Representative Training

Liability

21

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

Work Place Committees & Representatives 22

   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

Committee’s Composition

23

 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

employer by the All members must be employees of the employer (exception - Policy committee

if

provided in an agreement) Work Place Committtee and H&S Representative Training

Duties and responsibilities of work place committees and representatives 25

 Sections 135 and 135.1 (Committees)  Section 136 (Representatives) 

Safety and health committees and representatives regulations

Work Place Committtee and H&S Representative Training

Examples include:

26

 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

Important items often left out:

29



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

Committees/Representatives

30

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

Due Diligence

32 Means to take every precaution reasonable in the circumstances to avoid the harm or loss .

Work Place Committtee and H&S Representative Training

CLC part II, 148.(4)

33



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

Due Diligence Defence

 to avoid being charged, supervisors must prove they did everything a

reasonable person

could have done to prevent contravention or incident

34

 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

Due Diligence Defence

35

 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

Due Diligence for Senior Management 37

 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

Due Diligence for Line Management (Supervisors) 40

 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.

Work Place Committtee and H&S Representative Training