General Procedures

• Content last reviewed: May 2011
• Revised: May 2011
• PDF Version [ 380 Kb / 42 pages | Download Adobe Reader ]

Committee Members and Health and Safety Representatives

How does the committee or health and safety representative deal with worker complaints?

A worker must report any hazard or contravention of the Act to the employer or supervisor [sections 28(1)(c) and 28(1)(d)]. If the matter is not resolved, a worker should then refer it to a member of the committee or to a representative.

When such matters are referred to a committee member, the member should:

• ask a first-line supervisor, plant safety officer or person with designated responsibility in the area to take part in resolving the problem;
• have this request noted at the next committee meeting and recorded in the minutes; and
• notify the worker who reported the concern of a decision or recommendation made by the committee.

If a worker complaint cannot be resolved, either of the co-chairpersons should inform the employer. If the employer is unable to resolve the issue, either the employer or the worker could contact a Ministry of Labour inspector, who will review the situation and render a decision.

When such matters are referred to a representative, he or she should:

• ask a first-line supervisor, plant safety officer or person with designated responsibility in the area to take part in resolving the problem; and
• notify the worker who reported the concern once a decision or recommendation has been made.

If a worker complaint cannot be resolved, the representative should inform the employer. If the employer is unable to resolve the issue, either the employer or the worker could contact a Ministry of Labour inspector, who will review the situation and render a decision.

What should the committee or health and safety representative do in the event of a work refusal?

The representative or a committee member who represents workers must be present during the investigation of a work refusal [section 43(4)]. This investigation is most often concluded by the worker's supervisor.

If the issue is not resolved, the employer, the worker or a committee member/representative must notify a Ministry of Labour inspector [section 43(6)]. The worker member/representative, the employer or employer member, and the worker must be consulted by the inspector who conducts the investigation [section 43(7)].

What should the committee or health and safety representative do in the event of an injury or death?

Worker members of the committee must designate one or more worker members to investigate any incident in which a person is killed or critically injured [section 9(31)].  The committee members [section 9(31)] or representative [section 8(14)] has the right to inspect the place where the incident occurred as well as any relevant machine, device or thing.

Following the investigation, all findings must be reported to the committee and to the Ministry of Labour [sections 8(14) and 9(31)]. The committee [section 9(18)(b)] or representative [section 8(10)] have the power to evaluate the situation and recommend actions to prevent a similar incident in the future.

What sort of information can the committee or health and safety representative expect to obtain?

The committee [section 9(18)(d)] or representative [section 8(11)(c)] can expect to obtain information regarding hazardous materials, processes or equipment. As well, the employer must share any knowledge of health and safety practices, tests and standards in the industry [sections 9(18)(d)(ii), 9(18)(e) and 25(2)(l)].

The employer must report lost-time injuries caused by accident, explosion, fire or incident of workplace violence at the workplace, and must report any occupational illnesses of which he or she has knowledge [section 52].

Under the regulation for designated substances, the employer must provide each member of the committee or the representative with a copy of the assessment and control-program reports. As well, the committee or representative should receive reports from the physician examining the health of workers who are under a medical surveillance program required by regulation. The employer must provide the committee or representative with results of tests on both airborne concentrations of the substance and worker exposure to it.

The Workplace Safety and Insurance Board, at the request of the committee or representative, is required to send an annual summary of data relating to the number of fatalities, lost workday cases, workdays lost, non-fatal cases requiring medical care (but not involving lost workdays) and incidence of occupational illnesses [section 12].

What assistance can the committee or health and safety representative expect from the employer? ^{[ 1 ]}

The Act places a general duty on an employer to assist the functioning of the committee and the representative [section 25(2)(e)]. More specific responsibilities include:

• upon the request of the committee [section 9(18)(d)(i)] or representative [section 8(11)(c)(i)], provide information regarding the identification of potential or existing hazards involving materials, processes or equipment;
• upon request, inform the committee [section 9(18)(d)] or representative [section 8(11)(c)] of changes in work procedures, of the introduction of new machinery or processes, of the use of new chemicals and other materials and of the availability of new safety equipment;
• provide the committee or representative with a copy of all orders or reports issued to the employer by an inspector of the Ministry of Labour [section 57(10)];
• provide a worker member of the committee or a representative with the opportunity to accompany a Ministry of Labour inspector on the physical inspection of the workplace [section 54(3)];
• afford a worker member of the committee [section 9(26)] or a representative [section 8(6)] the right to inspect the physical condition of the workplace at least once a month, and provide required information and assistance [sections 9(29) and 8(9)]; and
• provide the information required under the designated substances regulation where they apply to the workplace.
• advise the committee or representative of the results of the assessment or reassessment of risks of workplace violence, and provide a copy if the assessment is in writing [section 32.0.3(3) and (4)].

It is an offence for an employer to knowingly hinder or interfere with, or to give false information to, the joint health and safety committee or to a committee member or a health and safety representative who is in the process of performing his or her duties under the Act.

What assistance can the committee or health and safety representative expect from workers?

Workers are expected to provide information and assistance as may be required by a committee member or representative conducting an inspection or investigation. A worker must not interfere or knowingly provide a committee member or representative with false information.

What are the committee's and the health and safety representative's responsibilities regarding confidential information?

Committee members and representatives are responsible for maintaining rules of confidentiality, except where disclosure of information is specifically required by the Act or by another law [section 63(1)].

In this regard, committee members or representatives must not disclose any secret manufacturing process or trade information; any information about any workplace tests or inquiries conducted under the Act or regulations; or the name of any person from whom information is received. Information obtained from medical examinations and tests may be disclosed only in a manner that does not identify anyone [section 63(1)(f)].

^{[ 1 ]} When acting as the representative of the employer, a supervisor assumes legal responsibilities of the employer.

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