Work Place Committees and

Health and Safety

Representatives Training
Module 1- LEGAL REQUIREMENTS
AND THE ROLE OF WORK PLACE
COMMITTEES AND HEALTH AND SAFETY
REPRESENTATIVES
 Health and Safety Within (Insert Dept’s Name)
Key Partners

 Human Resources and Social Development

Canada (HRSDC)
– Administers and enforces the Canada Labour
Code

 Treasury Board
– Originates policies and procedures
– Delineates responsibilities of key players
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 Health and Safety Within (Insert Dept’s Name)

Key Partners

 Health Canada
– Workplace Health and Public Safety
– Provides medical advisory services and health
care
– Investigates health hazards

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 TB Policy statement

 It is the policy of the government to provide

employees with a safe and healthful working
environment and with occupational health
services as defined in this policy.

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 Departmental Policy

 Insert policy statement here

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 Responsibilities

 Managers and employees are responsible

for Occupational Health and Safety (OHS)

 Departmental OHS Managers /

Coordinators / Safety Officers are
advisors to the line authority

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 Work Place Committees or
Health and Safety
Representatives are also
advisors to the line
management
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 Policy Committees

 Address issues that cannot be dealt with by

local work place committees.

 Assist in creating policies and programmes in

regard to health and safety issues common
to multiple locations, e.g. personal protective
equipment (PPE) policy

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 Policy Committees

 Strengthen the internal responsibility system,

which is a major objective of the Code.

 A policy committee can also ensure

consistency across work sites.

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 Regional Health and Safety
Committees

 Not a legislated requirement

 Receive referred issues from local

committees and representatives

 Identify and resolve regional health and

safety issues
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 Regional Health and Safety
Committees

 Refer issues, as appropriate, to the Policy

Committee

 Disseminate information to local committees

and representatives

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 Three Basic Rights

 Right to know

 Right to participate

 Right to refuse dangerous work

 Also – special provisions for pregnant and

nursing mothers

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 Duties of the Employer

 124. Every employer shall ensure that the

health and safety at work of every person
employed by the employer is protected

+
 Forty-five specific duties under section 125 of
the Code

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 Employer’s duties specific to
committees and representatives

(q) provide each employee with information,

instruction, training
(s) each employee to be made aware of known
or foreseeable health or safety hazards
(z.01) ensure committee member and reps
receive training and know responsibilities

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 Employer’s duties specific to
committees and representatives

(z.03), (z.04) in consultation with policy committee (if

none, WPC or rep), develop a prescribed program
for the prevention of hazards
(z.05) Consult with policy committee (if none, WPC or
rep), to plan implementation of changes affecting
health and safety, including work processes and
procedures
(z.06) Consult work place committee or rep in
implementing above changes

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 Employer’s duties specific to
committees and representatives

(z.07) Ensure availability of premises,

equipment and personnel for operation of
committees
(z.08) Cooperate with committees and
representatives in execution of their duties
(z.09) Develop H & S policies and programs in
consultation with policy committee (if none,
WPC or rep)
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 Employer’s duties specific to
committees and representatives

(z.10) Respond in writing to recommendation

by committees or reps within 30 days
(z.11) Provide committees and representatives
copies of any report on hazards, assessment
(z.12) Ensure work place committees or reps
inspect each month all or part of the work
place, so every part is inspected at least
once each year
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 Employer’s duties specific to
committees and representatives

(z.13) Develop, implement and monitor

program for provision of PPEs, clothing,
devices, materials, in consultation with policy
committee (if none, WPC or rep)
(z.15) meeting with health and safety rep as
necessary
(z.17) post names, location and telephone of
committee member or representative (see
also 125(2))
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 Employer’s duties specific to
committees and representatives

(z.18) Provide info requested by committees or

reps within 30 days or ASAP
(z.19) Consult with work place committees or
reps on implementation and monitoring of
programs

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 Duties of Employees

 To comply with the employer’s health and

safety program

 Ten specific duties under section 126 of the

Code

 Cooperate with work place committee or

representative
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 Liability

No person serving as a member of a

committee is personally liable for
anything done or not done in good
faith.

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 Work Place Committees &
Representatives

 1 to 19 employees — employees select

H&S representative
 twenty or more employees — work
place committee
 300 or more employees — policy
committee
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 Committee’s Composition

 At least two people

 At least half must represent employees
 Employees or bargaining agent (as
applicable) select the employee
representative(s)

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 Committee’s Composition

 The employer (senior manager) selects the

management representative(s)
 All members are appointed by the
employer
 All members must be employees of the
employer (exception - Policy committee if
provided in an agreement)

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 Duties and responsibilities of work
place committees and representatives

 Sections 135 and 135.1 (Committees)

 Section 136 (Representatives)
 Safety and health committees and
representatives regulations

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 Examples include:

 Complaints related to H&S

 Participation in H&S related investigations
 Monitoring the local H&S programme
 Keeping records
 Access to H&S related reports

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 Work Place Committee Operations

Selection of members
Terms of reference (ToR)
Two co-chairs
Minutes to meetings/agenda

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 Work Place Committee Operations

Frequency of meetings
Size of committee
Quorum
Annual report

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 Important items often left out:

 Who from the committee will participate

in inspections, investigations and H&S
related inquiries
&
 How they will participate

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 Committees/Representatives

Responsibilities in common
 Ensure records are maintained
 Develop/implement/monitor prevention programs
 Monthly inspections
 Participate in all investigations
 Have input into evacuation plans/emergency
procedures
 Training and information

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 Remember

 Policy and work place committees

are advisory bodies who cannot
direct management to carry out their
recommendations.

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 Due Diligence

Means to take every precaution

reasonable in the circumstances to
avoid the harm or loss.

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 CLC part II, 148.(4)

 On a prosecution of a person for a

contravention of any provision of this Part,
except paragraphs 125(1)(c) and (z.10) and
(z.11), it is a defence for the person to prove
that the person exercised due care and
diligence to avoid the contravention.

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 Due Diligence Defence

 to avoid being charged, supervisors must

prove they did everything a reasonable
person could have done to prevent
contravention or incident

 if charge laid, supervisors must demonstrate

to court’s satisfaction that due diligence
components were in place before incident
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 Due Diligence Defence

 burden of proof is on the accused

 managers and supervisors can delegate
responsibility and accountability so long as
the delegation is clearly demonstrated,
carried out and confirmed
 the closer to the incident that the accused is
in the chain of command, the more detailed
the reasonable care requirements will be
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 Establishing due diligence

 written policies, practices, and procedures

 provide training to employees
 train the supervisors
 monitor the workplace
 ensure that employees are following the
policies, practices and procedures

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 Due Diligence for Senior Management

 be aware of their responsibilities and have

written policies and directions in place
 ensure that system-wide programs are in
place
 require regular reports and conduct periodic
spot checks
 act immediately when made aware of
potentially serious situations

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 Due Diligence for Middle Management

 be aware of responsibilities and issues

 ensure that the appropriate prevention
programs are in place
 where necessary, give specific direction

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 Due Diligence for Middle Management

 report upward and manage downwards

 exercise supervision and control over those
whom they are normally expected to
influence or control
 ensure supervisors have adequate OHS
training

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 Due Diligence for Line Management
(Supervisors)

 ensure that prevention program components

are implemented
 ensure that supervisors and employees are
trained and that training is confirmed and
recorded
 ensure that incidents are investigated and
reported, corrective action is implemented
and that follow-up is done
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 Exercise –

 Failure to Act with Due Diligence – Part I

– read the handout
– working in groups, answer the questions on
page 2.

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