health and safety committees strategies for effective enforcement unde-ottawa (sept-2012)

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HEALTH AND SAFETY HEALTH AND SAFETY COMMITTEES COMMITTEES STRATEGIES STRATEGIES FOR FOR EFFECTIVE ENFORCEMENT EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012) UNDE-OTTAWA (SEPT-2012)

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Page 1: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

HEALTH AND SAFETY HEALTH AND SAFETY COMMITTEESCOMMITTEES

STRATEGIES STRATEGIES FOR FOR

EFFECTIVE EFFECTIVE ENFORCEMENTENFORCEMENT

UNDE-OTTAWA (SEPT-2012)UNDE-OTTAWA (SEPT-2012)

Page 2: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

ROD NOELROD NOEL

Health and Safety Officer -24 yearsHealth and Safety Officer -24 years Southwest OntarioSouthwest Ontario PSAC Local 258 memberPSAC Local 258 member Previous CN Rail/DND-Mechanical Previous CN Rail/DND-Mechanical

TradesTrades Over 30 Years as an ActivistOver 30 Years as an Activist Ryerson OHS CertificateRyerson OHS Certificate Ontario WHSC OHS InstructorOntario WHSC OHS Instructor

Page 3: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Health and SafetyHealth and SafetyWhy an “Activist”- Why an “Activist”-

A social justice issue…from A social justice issue…from experienceexperience

My early work exposures-1973-88…My early work exposures-1973-88…leather tannery - acids, ammonia, leather tannery - acids, ammonia, chemical burns chemical burns

Carcinogins - ie. chromiumCarcinogins - ie. chromium Factories/forklifts/hydraulic pressesFactories/forklifts/hydraulic presses As Steamfitter/gasfitter (asbestos) As Steamfitter/gasfitter (asbestos)

Page 4: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Railway Union H&S ..Railway Union H&S ..70’s and 80’s70’s and 80’s

Union OHS training/ Canada Labour Union OHS training/ Canada Labour CodeCode

Inherently Dangerous work…..Inherently Dangerous work….. Unsafe movement of trainsUnsafe movement of trains RTW-discipline=escorted off the RTW-discipline=escorted off the

propertyproperty CLRB case-ruled dangerCLRB case-ruled danger

Page 5: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Late 80’s to nowLate 80’s to now

H&S Training…as an HSO-and unionH&S Training…as an HSO-and union Other HSO’s - good Other HSO’s - good

backgrounds/expertise backgrounds/expertise Many Investigations/accidents/fatalitiesMany Investigations/accidents/fatalities Multiple fatalities-from diving work to Multiple fatalities-from diving work to

communication tower collapse communication tower collapse To confined spaces/fires/many othersTo confined spaces/fires/many others Prosecutions/InquestsProsecutions/Inquests Court fines (50,000-280,000)Court fines (50,000-280,000)

Page 6: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Canada Labour Code is Canada Labour Code is Stronger…….andStronger…….and

Westray mine (26 deaths) led to the Westray mine (26 deaths) led to the Criminal Code and criminal negligence Criminal Code and criminal negligence chargescharges

Employer must prove due diligence Employer must prove due diligence defence.…Courts take strong view on OHSdefence.…Courts take strong view on OHS

Stronger Regulations:Stronger Regulations: Regulation 19 – HAZARD Regulation 19 – HAZARD

PROTECTION(HPP) PROTECTION(HPP) Regulation 20 – VIOLENCE PROTECTION Regulation 20 – VIOLENCE PROTECTION

(VPP (VPP

Page 7: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Understand how the CODEUnderstand how the CODEand OHS law worksand OHS law works

KNOW THE CODE-and Regulations KNOW THE CODE-and Regulations KNOW SECTION 122 – PURPOSE is KNOW SECTION 122 – PURPOSE is

preventionprevention ADMINISTRATIVE CONTROLSADMINISTRATIVE CONTROLS ENGINEERING ENGINEERING PPE-AS A LAST RESORTPPE-AS A LAST RESORT SECTION 134 and 135 –COMMITTEE SECTION 134 and 135 –COMMITTEE

POWERSPOWERS

Page 8: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

The CodeThe Code

125.125. (1)  (1)  states states in respect of in respect of every work placeevery work place

controlled by the employer and, controlled by the employer and, in respect ofin respect of every work activity every work activity

carried out by an employee in a work carried out by an employee in a work place that is not controlled by the place that is not controlled by the employer, to the extent that the employer, to the extent that the employer controls the activity,employer controls the activity,

Page 9: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Employer’s legal duty to: Employer’s legal duty to:

((z.07z.07) ensure the availability in the work place of ) ensure the availability in the work place of premises, premises, equipmentequipment and and personnelpersonnel necessary for necessary for the operation of the policy and work place the operation of the policy and work place committees;committees;

(z.08(z.08) ) cooperate cooperate with the with the policy policy and and work work place committees place committees or the health and safety or the health and safety representativerepresentative in the execution of their duties in the execution of their duties under this Part;under this Part;

Page 10: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Health and Safety Committees Health and Safety Committees Are….Essential !!Are….Essential !!

A Committee must be allowed to do its A Committee must be allowed to do its workwork

Employers must provide……facilitiesEmployers must provide……facilities Ie. Computers/records storage/file Ie. Computers/records storage/file

cabinetcabinet A Minute taker -A Minute taker -accurate signed signed

minutesminutes Time - to attend meetingsTime - to attend meetings And Prep Time………!!And Prep Time………!!

Page 11: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Strategy – Insist on Strategy – Insist on accurateaccurate minutes!!minutes!!

Minutes are a Minutes are a legal recordlegal record

Minutes must be Minutes must be signedsigned by the by the employeremployer

Minutes are Minutes are evidence……..evidence……..

Page 12: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

If minutes are not accurate??If minutes are not accurate??

Employee Co-Chair should not signEmployee Co-Chair should not sign

File complaint with Labour ProgramFile complaint with Labour Program

Provide details of inaccuracy to HSO Provide details of inaccuracy to HSO – request enforcement of the Code.– request enforcement of the Code.

Page 13: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

AT Committee MEETINGSAT Committee MEETINGS

Put the Canada Labour Code and Put the Canada Labour Code and Regulations …on the table.Regulations …on the table.

Refer to Code/ Regs / OPD’S AND IPGS Refer to Code/ Regs / OPD’S AND IPGS Also …OHS publications and GuidesAlso …OHS publications and Guides TB OHS Policies/Employer policies, etcTB OHS Policies/Employer policies, etc Ensure accurate Minutes (Insist!!)Ensure accurate Minutes (Insist!!)

Page 14: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Committee Rights and DutiesCommittee Rights and Duties

KNOW Sections 134 and 135 of the Code KNOW Sections 134 and 135 of the Code

All the duties All the duties

The SHALLS……and the MAYS……The SHALLS……and the MAYS……

Page 15: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

All the All the shalls…shalls……!!!…!!! (4) A policy committee(4) A policy committee ((aa) shall participate in the development of health and safety policies and ) shall participate in the development of health and safety policies and

programs;programs; ((bb) shall consider and expeditiously dispose of matters concerning health ) shall consider and expeditiously dispose of matters concerning health

and safety raised by members of the committee or referred to it by a work and safety raised by members of the committee or referred to it by a work place committee or a health and safety representative;place committee or a health and safety representative;

((cc) shall participate in the development and monitoring of a program for ) shall participate in the development and monitoring of a program for the prevention of hazards in the work place that also provides for the the prevention of hazards in the work place that also provides for the education of employees in health and safety matters;education of employees in health and safety matters;

((dd) shall participate to the extent that it considers necessary in inquiries, ) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health investigations, studies and inspections pertaining to occupational health and safety;and safety;

((ee) shall participate in the development and monitoring of a program for ) shall participate in the development and monitoring of a program for the provision of personal protective equipment, clothing, devices or the provision of personal protective equipment, clothing, devices or materials;materials;

((ff) shall cooperate with health and safety officers;) shall cooperate with health and safety officers; ((gg) shall monitor data on work accidents, injuries and health hazards; and) shall monitor data on work accidents, injuries and health hazards; and ((hh) shall participate in the planning of the implementation and in the ) shall participate in the planning of the implementation and in the

implementation of changes that might affect occupational health and implementation of changes that might affect occupational health and safety, including work processes and procedures.safety, including work processes and procedures.

InformationInformation

Page 16: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

And some And some MaysMays…………

(5) ………….. committee (5) ………….. committee maymay request from an request from an employeremployer

any information that the committee any information that the committee considers necessaryconsiders necessary

to identify ……….hazards ……….in any of the to identify ……….hazards ……….in any of the employer’s work places.employer’s work places.

If requested – An employer If requested – An employer mustmust provide provide

Page 17: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

The Code and Employer The Code and Employer RecordsRecords

Section 135(9) states…..a Committee Section 135(9) states…..a Committee shall have full access to ……….. shall have full access to ………..

allall … …government and employer government and employer reportsreports, , studiesstudies and and teststests relating to relating to the health and safety of employees.the health and safety of employees.

But not to medical records….without But not to medical records….without employee’s consent.employee’s consent.

Page 18: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Committee functions -Committee functions -

Chairpersons to assign functionsChairpersons to assign functions

((bb) if () if (onlyonly) one member is designated, the ) one member is designated, the member member shall be an employee shall be an employee membermember..

Page 19: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

The HPP - Reg 19 is the Key to The HPP - Reg 19 is the Key to knowing your workers and your knowing your workers and your

workplace)workplace)

Hazard Prevention ProgramHazard Prevention Program 19.119.1 (1) The employer shall,  (1) The employer shall, in consultation with and in consultation with and

with the participation of the policy committeewith the participation of the policy committee,, or, if or, if there is no policy committee, there is no policy committee, the work place committee the work place committee or or the health and safety representativethe health and safety representative, develop, implement , develop, implement and monitor a program for the prevention of hazards, and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the that is appropriate to the size of the work place and the nature of the hazards and that includes the following nature of the hazards and that includes the following components:components:

Page 20: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Hazard Prevention ProgramHazard Prevention Program

(a) an implementation plan;(a) an implementation plan; (b) a hazard identification and (b) a hazard identification and

assessment methodology;assessment methodology; (c) hazard identification and (c) hazard identification and

assessment;assessment; (d) preventive measures;(d) preventive measures; (e) employee education; and(e) employee education; and (f) a program evaluation.(f) a program evaluation.

Page 21: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

Labour ProgramLabour Program

HSO’s (Health and Safety Officers) HSO’s (Health and Safety Officers) will need will need PROOF PROOF /seeking evidence /seeking evidence of what has been happening.of what has been happening.

Your statements………Your statements……… Documentation (Documentation (minutesminutes / / e-mailse-mails)) Ensure minutes are accurateEnsure minutes are accurate Employer must respond in 30 Employer must respond in 30

Days………..Days………..

Page 22: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

EVIDENCEEVIDENCE

WHAT IS EVIDENCE?WHAT IS EVIDENCE?

Documents/Documents/ Visual inspection/photosVisual inspection/photos Absence of records/procedures/JHAAbsence of records/procedures/JHA Absence of Training RecordsAbsence of Training Records

Page 23: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

HSO’s dutiesHSO’s duties 141.1141.1 (1) A health and safety officer shall  (1) A health and safety officer shall

conduct an inspection of the work place in conduct an inspection of the work place in the presence ofthe presence of

((aa) an employee member and an employer ) an employee member and an employer member of the work place committee; ormember of the work place committee; or

((bb) the health and safety representative ) the health and safety representative and a person designated by the employer.and a person designated by the employer.

Page 24: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

How we enforce the CodeHow we enforce the Code

OPD’S AND IPGS OPD’S AND IPGS Our Our DIRECTIVESDIRECTIVES AND AND GUIDELINESGUIDELINES Are Available to the publicAre Available to the public Know the Labour Program WEB-SITE:Know the Labour Program WEB-SITE:

WWW.LABOUR.GC.CA USE AT MEETINGS WITH HSO’S USE AT MEETINGS WITH HSO’S

Page 25: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

INSIST ON LEGAL DUTYINSIST ON LEGAL DUTY

EMPLOYER MUST PERMIT A EMPLOYER MUST PERMIT A COMMITTEE TO FUNCTIONCOMMITTEE TO FUNCTION

Employer must always consult:Employer must always consult: ON DEVELOPING OHS PROGRAMON DEVELOPING OHS PROGRAM ON IMPLEMENTING OHS PROGRAMON IMPLEMENTING OHS PROGRAM Must COOPERATE with a Must COOPERATE with a

Committee Committee

Page 26: HEALTH AND SAFETY COMMITTEES STRATEGIES FOR EFFECTIVE ENFORCEMENT UNDE-OTTAWA (SEPT-2012)

The VPPThe VPP

VIOLENCE PREVENTION IN THE WORK VIOLENCE PREVENTION IN THE WORK PLACEPLACE

For another day……..For another day……..