HEALTH AND SAFETY
COMMITTEES
STRATEGIES FOR
EFFECTIVE ENFORCEMENT
UNDE-OTTAWA (SEPT-2012)
ROD NOEL







Health and Safety Officer -24 years
Southwest Ontario
PSAC Local 258 member
Previous CN Rail/DND-Mechanical Trades
Over 30 Years as an Activist
Ryerson OHS Certificate
Ontario WHSC OHS Instructor
Health and Safety
Why an “Activist”




A social justice issue…from experience
My early work exposures-1973-88…leather
tannery - acids, ammonia, chemical burns
Carcinogins - ie. chromium
Factories/forklifts/hydraulic presses
As Steamfitter/gasfitter (asbestos)
Railway Union H&S ..
70’s and 80’s





Union OHS training/ Canada Labour Code
Inherently Dangerous work…..
Unsafe movement of trains
RTW-discipline=escorted off the property
CLRB case-ruled danger
Late 80’s to now







H&S Training…as an HSO-and union
Other HSO’s - good backgrounds/expertise
Many Investigations/accidents/fatalities
Multiple fatalities-from diving work to
communication tower collapse
To confined spaces/fires/many others
Prosecutions/Inquests
Court fines (50,000-280,000)
Canada Labour Code is
Stronger…….and





Westray mine (26 deaths) led to the Criminal
Code and criminal negligence charges
Employer must prove due diligence
defence.…Courts take strong view on OHS
Stronger Regulations:
Regulation 19 – HAZARD PROTECTION(HPP)
Regulation 20 – VIOLENCE PROTECTION (VPP
Understand how the CODE
and OHS law works


KNOW THE CODE-and Regulations
KNOW SECTION 122 – PURPOSE is prevention

ADMINISTRATIVE CONTROLS
ENGINEERING
PPE-AS A LAST RESORT

SECTION 134 and 135 –COMMITTEE POWERS


The Code



125. (1)
states in respect of every work place
controlled by the employer and,
in respect of every work activity carried
out by an employee in a work place that is
not controlled by the employer, to the
extent that the employer controls the
activity,
Employer’s legal duty to:


(z.07) ensure the availability in the work place of
premises, equipment and personnel necessary for the
operation of the policy and work place committees;
(z.08) cooperate with the policy and work place
committees or the health and safety representative
in the execution of their duties under this Part;
Health and Safety Committees
Are….Essential !!






A Committee must be allowed to do its
work
Employers must provide……facilities
Ie. Computers/records storage/file cabinet
A Minute taker -accurate signed minutes
Time - to attend meetings
And Prep Time………!!
Strategy – Insist on accurate
minutes!!

Minutes are a legal record

Minutes must be signed by the employer

Minutes are evidence……..
If minutes are not accurate??

Employee Co-Chair should not sign

File complaint with Labour Program

Provide details of inaccuracy to HSO –
request enforcement of the Code.
AT Committee MEETINGS





Put the Canada Labour Code and
Regulations …on the table.
Refer to Code/ Regs / OPD’S AND IPGS
Also …OHS publications and Guides
TB OHS Policies/Employer policies, etc
Ensure accurate Minutes (Insist!!)
Committee Rights and Duties

KNOW Sections 134 and 135 of the Code

All the duties

The SHALLS……and the MAYS……
All the shalls……!!!










(4) A policy committee
(a) shall participate in the development of health and safety policies and programs;
(b) shall consider and expeditiously dispose of matters concerning health and safety
raised by members of the committee or referred to it by a work place committee or a
health and safety representative;
(c) shall participate in the development and monitoring of a program for the
prevention of hazards in the work place that also provides for the education of
employees in health and safety matters;
(d) shall participate to the extent that it considers necessary in inquiries,
investigations, studies and inspections pertaining to occupational health and safety;
(e) shall participate in the development and monitoring of a program for the
provision of personal protective equipment, clothing, devices or materials;
(f) shall cooperate with health and safety officers;
(g) shall monitor data on work accidents, injuries and health hazards; and
(h) shall participate in the planning of the implementation and in the implementation
of changes that might affect occupational health and safety, including work processes
and procedures.
Information
And some Mays……

(5) ………….. committee may request from an employer

any information that the committee considers
necessary

to identify ……….hazards ……….in any of the employer’s
work places.

If requested – An employer must provide
The Code and Employer
Records

Section 135(9) states…..a Committee
shall have full access to ………..


all …government and employer reports,
studies and tests relating to the health
and safety of employees.
But not to medical records….without
employee’s consent.
Committee functions 

Chairpersons to assign functions
(b) if (only) one member is designated, the
member shall be an employee member.
The HPP - Reg 19 is the Key to
knowing your workers and your
workplace)


Hazard Prevention Program
19.1 (1) The employer shall, in consultation with and with the
participation of the policy committee, or, if there is no policy
committee, the work place committee or the health and safety
representative, develop, implement and monitor a program for the
prevention of hazards, including ergonomics-related hazards, in the
work place that is appropriate to the size of the work place and the
nature of the hazards and that includes the following components:
Hazard Prevention Program






(a) an implementation plan;
(b) a hazard identification and assessment
methodology;
(c) hazard identification and assessment;
(d) preventive measures;
(e) employee education; and
(f) a program evaluation.
Labour Program





HSO’s (Health and Safety Officers) will
need PROOF /seeking evidence of what
has been happening.
Your statements………
Documentation (minutes / e-mails)
Ensure minutes are accurate
Employer must respond in 30 Days………..
EVIDENCE





WHAT IS EVIDENCE?
Documents/
Visual inspection/photos
Absence of records/procedures/JHA
Absence of Training Records
HSO’s duties



141.1 (1) A health and safety officer shall
conduct an inspection of the work place in the
presence of
(a) an employee member and an employer
member of the work place committee; or
(b) the health and safety representative and a
person designated by the employer.
How we enforce the Code




OPD’S AND IPGS
Our DIRECTIVES AND GUIDELINES
Are Available to the public
Know the Labour Program WEB-SITE:
WWW.LABOUR.GC.CA

USE AT MEETINGS WITH HSO’S
INSIST ON LEGAL DUTY




EMPLOYER MUST PERMIT A COMMITTEE
TO FUNCTION
Employer must always consult:
ON DEVELOPING OHS PROGRAM
ON IMPLEMENTING OHS PROGRAM
Must COOPERATE with a Committee
The VPP

VIOLENCE PREVENTION IN THE WORK PLACE

For another day……..