The Campaign for McMaster University Environmental & Occupational Health Support Services and Central Joint Health and Safety Committee Developed from Core Certification Materials and OHSA Orientation for JHSC Members Gilmour Hall 304, ext

Describe the purpose of the JHSC and the Internal Responsibility System (IRS) Describe the legislative requirements of rights, duties, responsibilities, and functions Describe the elements of an effective JHSC List and describe strategies for the JHSC to promote their activities and activities in the workplace The Campaign for McMaster University Objectives The Campaign for McMaster University

OH&S Act  Provincial governed legislation  Prescriptive Regulations  Specific requirements for JHSC o Section 9 (xx)

Establishment of a JHSC  9(4) The constructor or employer shall cause a joint health and safety committee to be established and maintained in the workplace

Joint Health and Safety Committees  To make recommendations for the reduction of accidents, injuries, illness, and disease in the workplace

Powers and Opportunity  This is your opportunity to bring solutions to the table – an opportunity to work with people to resolve issues by mutual agreement

Response to Recommendations  9(20) An employer who receives written recommendations from a committee shall respond in writing within twenty-one days  9(21) A response shall contain a timetable for implementation or give reasons why the employer does not agree with and recommendations (paraphrased)

Powers of a Committee  9(18) It is the function of a committee to: o Identify situations that are a source of danger o Make recommendations to the employer o Recommend the establishment of programs o Obtain information about hazards o Obtain information about tests and monitoring o Be consulted about the commencement of testing or monitoring

Requirements for H&S Rep or JHSC  1-5 Workers o No H&S representative o No JHSC  6-19 Workers o 1 H&S representative  Workers o 2 person committee: one worker, one management  50+ Workers o 4 person committee: two workers, two management

Selection of Worker Members  The members of a committee who represent workers shall be selected by the workers they are to represent or, if a trade union or unions represent the workers, by the trade union or unions

Selection of Co-Chairs  Two of the members of a committee shall co-chair the committee, one of whom shall be selected by the members who represent workers and the other of whom shall be selected by the members who exercise managerial functions

Meetings  A committee shall meet at least once every three months at the workplace…

Minutes of Proceedings  The committee should decide if the work of secretary can be handled within the committee or if a request should be made for a non-member secretary to be provided  Minutes should specifically highlight all formal recommendations for which management response is sought  Minutes must be available for review and filed with EOHSS for distribution to the Central JHSC

Entitlement to Time and Pay  9(34) A member of a committee is entitled to: o One hour preparation time before committee meetings o Time to attend meetings o Time as necessary to carry out duties under 9(26), 9(27), and 9(31)

McMaster Policy on JHSC’s Review Policies:  RMM 104 – Central JHSC  RMM 105 – Faculty / Department JHSC’s

Terms of Reference  Committees may be defined by the Act, or by University policy  In addition, each JHSC should define for itself: o Reporting accountability o Meeting and inspection schedules o Quorum and voting procedures o Terms of office and method of chairing meetings o Rules of order o Attendance by non-members

Functions of a JHSC  Identify sources of danger or hazards  Make written recommendations  Obtain information on hazards  Obtain information on testing  Inspect the workplace once per month  Assist workers who refuse for H&S reasons

Inspections  9(23) The members of a committee who represent workers shall designate one of their number to inspect the physical condition of the workplace (paraphrased)  McMaster University encourages inspectors to include administrative and procedural audit during workplace inspection

Inspections  Inspections of all work areas must occur at least once per year (the university has committees doing inspections every month and thereby fulfills the legal requirements for monthly inspection in part of the workplace)  Inspection responsibilities should be assigned to specific personnel and scheduled in advance  Areas with significant or special risks should be inspected more frequently (this is a discussion and decision that should be made by the committee)

Requirements for Certified Members  Unless otherwise prescribed, an employer shall ensure that at least one member of the committee representing the employer and one member representing workers are certified members

Part 2 – Workplace Specific  The JHSC should discuss and arrive at consensus about what areas of special training, not covered in basic certification, that are necessary for the certified members to be knowledgeable in the specific risks associated with the area of responsibility of the committee  This list of special training becomes the required training to maintain status as certified members

Certified Members  Under “dangerous circumstances” the two certified members may institute a bilateral work stoppage  Worker member may as for a Ministry declaration  If a declaration is made, the worker member may institute a unilateral work stoppage  9(18f) Be present at the commencement of testing or monitoring if required to ensure validity

Interaction with MOL Inspector  MOL workplace inspections  Investigation of complaints  Investigation of work refusals  Investigation of work stoppages  Investigation of serious accidents

Interaction with Consultants  Air monitoring  Substance testing  Hazard analysis  Medical testing  Medical monitoring

Strategies for effective meetings  Publish an agenda in advance of meeting with new business discussion items submitted by members or the co-chairs  Free and open discussion should be encouraged  Neither management nor labour should monopolize the meeting or the agenda  Attempt to arrive at all decisions by consensus rather than by voting  Invite appropriate outside specialists to provide guidance to the committee

More Strategies  All recommendations going to management for further action should be expressed as motions before the committee and highlighted in the minutes by a distinctive font  A cover note should be signed by the co-chairs and addressed to the Dean or Director to whom the committee reports, advising that there are recommendations that require his/her attention

Further Strategies  The Dean or Director to whom the committee reports should be invited to attend at least one meeting per year

Un-Resolved Items  If, after a reasonable time has elapsed, management has failed to resolve an issue or answer a recommendation, the issue or the recommendation may be referred to the Central JHSC  The Central JHSC should be advised formally, by memo to EOHSS  EOHSS, with concurrence of the CJHSC chair, will put the item of the agenda for the next scheduled meeting