Farming operations with more than five regularly employed workers and no joint health and safety committee must have a worker health and safety representative [section 8(1)]. Worker health and safety representatives are committed to improving health and safety conditions in the workplace. The representative, with input from other workers, identifies potential health and safety problems, and then brings them to the employer's attention.
The health and safety representative is selected by workers at the workplace, and must be someone who does not exercise managerial functions[ 1 ][section 8(5)]. The representative does not require special training or certification and is entitled to take paid time to attend inspections and investigations [section 8(15)].
See "Roles and Responsibilities" in this document for more information on the functions of a worker health and safety representative.
A joint health and safety committee is composed of people who represent the workers and the employer. Together, they are committed to improving health and safety conditions in the workplace. Joint health and safety committees identify potential health and safety problems and bring them to the employer's attention. As well, members must be kept informed of health and safety developments in the workplace.
Joint health and safety committees are necessary to provide greater protection against workplace injury and illness, and greater protection means reduced human suffering, work-related accidents and work-related deaths. Joint health and safety committees often involve people from all levels of an operation. This co-operative involvement ensures that everything possible is done to eliminate health and safety hazards.
The joint health and safety committee is an advisory body that helps to stimulate awareness of safety issues, recognizes workplace risks and then deals with these risks. To achieve its goal, the joint health and safety committee holds meetings and conducts regular workplace inspections.
In mushroom, greenhouse, dairy, cattle, hog and poultry farming operations where there are between 20 and 49 workers regularly employed, the joint health and safety committee must have a minimum of two members [section 9(6)(a)]. Where there are 50 or more workers regularly employed on these types of operations, the joint health and safety committee must have at least four members [section 9(6)(b)]. In both cases, at least half the members on a joint health and safety committee must represent workers [section 9(7)], with the balance representing management [section 9(9)].
Whenever possible, joint health and safety committee membership should represent the health and safety concerns of the entire workplace. For example, if a workplace has a greenhouse and a barn, both of these areas should be represented on the joint health and safety committee.
The Ministry of Labour should be alerted to any dispute about the establishment, function or composition of a joint health and safety committee. Upon investigation, the Minister of Labour may issue an order to an employer to improve the function of a joint health and safety committee [sections 9(3), 9(5) and 9(39)].
At least half the joint health and safety committee members must be worker members: non-management workers at the workplace who are selected by other non-management workers [sections 9(7) and 9(8)].
The employer chooses members as well (employer members) [section 9(9)]. Employer members must be people who exercise managerial functions. For example, an employee who has the authority to discipline, hire, fire or recommend discipline, hiring or firing is considered a managerial employee. It is recommended that the employer select representatives by giving consideration to their knowledge of operations and to their duties and responsibilities as they relate to work procedures and safety.
When dealing with a specific issue, the joint health and safety committee may wish to invite persons with specialized knowledge or experience to attend as advisers or observers. It is recommended that these persons attend meetings only when their specialized knowledge or experience is necessary at the meeting, rather than attending every meeting.
Unless otherwise prescribed in regulation, the Act requires that at least two members of the committee (one representing workers and one representing persons who exercise managerial functions) be certified. Until April 1, 2012 the Workplace Safety and Insurance Board was authorized to certify committee members under the Workplace Safety and Insurance Act, 1997 (WSIA). As of April 1, 2012, the Ministry of Labour’s Chief Prevention Officer has been authorized to certify members under the Occupational Health and Safety Act (OHSA) [clause 7.6(1)(b)]. Any person who was certified under the WSIA before April 1, 2012 is deemed to be certified under the OHSA.
In order to be certified, a person must complete the Parts One and Two of mandatory training: Basic Certification and Workplace-Specific Hazard Training. Refresher training is required every three (3) years to maintain certification. A certified member may request a one-time exemption from Refresher Training if he or she is an active member (i.e., engaged as a member of the workplace JHSC within the past twelve months).
Part One, Basic Certification provides an overall knowledge of health and safety that applies to all workplaces.
Part Two, Workplace-Specific Hazard Training focuses on significant hazards in the workplace. Employers are required to select a minimum of six (6) hazards relevant to the workplace. It covers RACE methodology (recognize, assess, control, and evaluate) on how to assess those hazards and ways to control and/or eliminate them.
Part One and Part Two training is available through Chief Prevention Officer approved training providers.
Certified members are not required for committees at workplaces that regularly employ less than 20 workers, or at construction projects that regularly employ less than 50 workers [section 4 of O. Reg. 385/96], or for projects expected to last less than three months, see subsection 9(13).
Certified health and safety committee members play a key role on the committee. Specialized health and safety training for other members of the committee is available through health and safety associations. Although it is likely beneficial for all members of the committee to have health and safety training, it is not a requirement under the OHSA.
Visit the JHSC page for more information on certification training.
To maintain one’s certification, a certified member must complete refresher training within three years of being certified, and every three years thereafter (with limited exceptions).
Refresher training includes a review of key concepts from Part One and Part Two training; relevant updates to legislation, standards, codes of practice, and occupational health and safety best practices; and, an opportunity for certified members to share and discuss best practices and challenges.
A term of at least one year (or at least one full growing season) is recommended. Where there is more than one worker member and one employer member, terms should be staggered to allow continuity. Vacancies should be filled as quickly as possible.
Members are entitled to take time to attend joint health and safety committee meetings, inspections and investigations, as well as to accompany ministry inspectors investigating an accident, potential hazard or a work refusal [sections 9(34) and 54(5)]. Members will be paid at either their regular rate or, where applicable, their premium rate of pay (i.e., if they are entitled to premium pay whenever they work extra hours, and their duties as joint health and safety committee members take them beyond their usual hours of work) [section 9(35)].
Each member will be paid for one hour of preparation time before every joint health and safety committee meeting. If it becomes apparent that one hour is not sufficient, the joint health and safety committee can decide that more paid preparation time is required [section 9(34)(a)].
Joint health and safety committee members are required to meet at the workplace at least once every three months. More frequent meetings may be necessary, however, particularly in industries where the work involves hazardous substances or procedures [section 9(33)].
Joint health and safety committee meetings must be co-chaired by two members. One of the co-chairs is chosen by the members who represent workers, the other by members who represent the employer [section 9(11)]. It is good practice to alternate the chairing of each meeting between the two chairs, although the joint health and safety committee may find other, more appropriate procedures.
An agenda should be prepared by the co-chairs and distributed one week in advance of the meeting date. Members who wish to have items added to the agenda should give chairpersons ample notice.
Meeting dates should be established on a pre-set schedule or at the conclusion of each joint health and safety committee meeting. This date will be recorded in the minutes of the meeting. A copy of the minutes should be distributed to members a few days after the meeting. The dates of upcoming meetings should also be recorded at the top of each agenda.
Every meeting must have members present who represent the workers and the employer. Beyond that, the joint health and safety committee can determine its own rules for a quorum at meetings.
Minutes of each meeting must be recorded and available for review by a Ministry of Labour inspector [section 9(22)]. Minutes should contain details of all matters discussed, as well as a full description of problems and their resolution or any action deemed necessary. Minutes should identify members by title and not by name. (Members' names should be used only for attendance purposes.)
Minutes should be signed by the co-chairpersons and posted in the workplace within one week of the meeting.
[ 1 ] For example, an employee who has the authority to discipline, hire, fire or recommend discipline, hiring or firing is considered a managerial employee.
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