About Joint Health and Safety Committees and Representatives

Content last reviewed: May 2011
Revised: May 2011
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Committees

What is a joint health and safety committee?

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. 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.

Why are joint health and safety committees necessary?

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. Committees often involve people from all levels of an organization. This co-operative involvement ensures that everything possible is done to eliminate health and safety hazards.

What is the joint health and safety committee's role?

The 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 committee holds meetings and conducts regular workplace inspections.

Which workplaces need joint health and safety committees?

Workplaces that require committees include:

any workplace that regularly employs 20 or more workers ^{[
1 ]} [section 9(2)(a)];
construction projects on which 20 or more workers ^{[ 1
]} are regularly employed and which are expected to last three months or more [sections 9(2)(a) and 9(1)(a)];
any workplace (other than a construction project) to which a regulation concerning a designated substance applies, even if fewer than 20 workers are regularly employed [section 9(2)(c)];
any workplace where an order has been issued under section 33 of the Act, even if fewer than 20 workers are regularly employed [section 9(2)(b)]; and
any workplace where the Minister of Labour orders a committee to be established [section 9(3)].

Sometimes, an alternative to a committee may be allowed, if it provides comparable benefits to worker health and safety [section 9(4)]. The Minister of Labour may also, under certain circumstances, permit a single committee to be established for more than one workplace [sections 9(3.1) and 9(5)]. Contact the Ministry of Labour Health & Safety Contact Centre .

How large should a joint health and safety committee be?

In workplaces with less than 50 workers, the Act requires the committee to have a minimum of two members [section 9(6)(a)]. Where there are 50 or more workers, the committee must have at least four members [section 9(6)(b)]. At least half the members on a committee must represent workers [section 9(7)], with the balance representing management [section 9(9)]. Larger committees in larger workplaces can be required by regulations under the Act [section 70(2)10.].

Whenever possible, committees should represent the health and safety concerns of the entire workplace. For example, if a workplace has a plant, office, laboratory and warehouse, each of these areas should be represented on the committee.

What about workplaces with fewer than 20 workers?

Usually, workplaces with more than five but fewer than 20 workers are not required to have a joint health and safety committee.

Instead, workers must select, from among themselves, one person to be a health and safety representative [section 8(1)].

Workplaces with five or fewer workers are exempt from the requirements in section 9 of the Act, which regulate joint health and safety committees, and from the requirement for a health and safety representative [section 8(1)].

What if there is a dispute about the establishment or function of a joint health and safety committee?

The Ministry of Labour should be alerted to any dispute about the establishment, function or composition of a committee. Upon investigation, the minister may issue an order to an employer to improve the function of a committee [sections 9(3), 9(5) and 9(39)].

What is a worker trades committee? When is one required?

Construction projects that are expected to last three months or longer and employ 50 or more workers must establish a worker trades committee in addition to a joint health and safety committee [section 10(1)].

Members of the worker trades committee must represent workers employed in each of the trades at the workplace [section 10(2)]. These members must be selected by workers employed in the trades they represent or, if a trade union represents workers, by the union [section 10(3)].

The committee's primary responsibility is to inform the joint health and safety committee of any health and safety concerns that trade workers might have [section 10(4)].

When is a joint health and safety committee required on a farming operation?

A joint health and safety committee is required if there are 20 or more workers who are regularly employed and have duties related to one or more of the following operations:

Mushroom farming;
Greenhouse farming;
Dairy farming;
Hog farming;
Cattle farming;
Poultry farming.

[Section 9(2) of the Act and sections 3(1) and 3(2) of Ontario Regulation 414/05.]

When is a worker health and safety representative required on a farming operation?

A worker health and safety representative is required on:

All farming operations with 6 to 19 "regularly employed" (see below for information on the meaning of this term) workers, regardless of the type of farm or commodity, and

Section 8(1) of the Act.

Who is considered "regularly employed" for the purpose of determining whether a worker health and safety representative or joint health and safety committee is required at a workplace?

"Regularly employed" means anyone who is employed for a period that exceeds three months. This includes permanent full-time staff, permanent part-time staff, contract staff, and seasonal workers. It also includes managers and supervisors.

There may be situations where there is a high turnover of staff, and a number of different workers fill a particular position, with each person working in it for less than three months. If a position exists for longer than three months, regardless of the number of workers who may fill that position over the three months, that position will be included in determining if a health and safety representative or joint health and safety committee is required.

Members

How are committee members selected?

At least half the committee members must be worker members: non-management employees at the workplace who are selected by the workers. In a unionized workplace, the worker members must be chosen by the trade union or unions representing employees [sections 9(7) and 9(8)].

The employer chooses members as well (employer members) [section 9(9)]. 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.

Ex-officio members are not recommended. When dealing with a specific issue, however, the committee may wish to invite persons with specialized knowledge or experience to attend as advisers or observers.

Do committee members need special training or certification?

Some committees require at least two members-one representing the employer and one representing workers-to be chosen for special training [section 9(12)]. Among its functions under section 4 of the Workplace Safety and Insurance Act 1997, Ontario's Workplace Safety and Insurance Board (WSIB) sets the standards for training and certifies committee members who complete approved training programs. Certified health and safety committee members play a key role on the committee and have specific authority and responsibilities. Certified members are not required for committees at workplaces that regularly employ less than 20 workers or at projects that regularly employ less than 50 workers [O. Reg. 385/96 as amended by O. Reg. 131/98].

Other specialized training is available through workplace organizations and outside agencies. Although it is beneficial for all members to have adequate training, it is not a requirement under the Occupational Health and Safety Act.

How long is a committee member's term of office?

A term of at least one year 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.

Do committee members get paid for their time?

Members are entitled to take time to attend 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 (i.e., when duties take them beyond their usual hours of work), their premium rate of pay [section 9(35)].

Are committee members entitled to paid preparation time?

Each member will be paid for one hour of preparation time before every committee meeting. If it becomes apparent that one hour is not sufficient, the committee can decide that more paid preparation time is required [section 9(34)(a)].

Meetings

How often should the joint health and safety committee meet?

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)].

Who chairs the meeting?

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 committee may find other, more appropriate procedures.

How is an agenda prepared?

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.

How are committee members informed of upcoming meetings?

Meeting dates should be established on a pre-set schedule or at the conclusion of each 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.

Is a quorum needed to hold a meeting?

Every meeting must have members present who represent the employees and the employer. Beyond that, the committee can determine its own rules for a quorum at meetings.

Must the minutes be recorded? What should the minutes include?

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.

Health and Safety Representatives

What is a health and safety representative?

Workplaces with more than five workers and no joint health and safety committee must have a health and safety representative [section 8(1)]. Like joint health and safety committee members, the representative is committed to improving health and safety conditions in the workplace.

The health and safety representative is selected by workers at the workplace or, where the workplace is unionized, by the trade union [section 8(5)]. The representative does not require special training or certification and, like committee members, is entitled to take paid time to attend inspections and investigations [section 8(15)].

^{[ 1 ]} “Worker” does not include a participant in community participation (workfare) under the Ontario Works Act, 1997 or a volunteer worker.

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