OHSC 100 Lecture 4: The Occupational Health and Safety Act Continued and JHSC

Why must Joint Health and Safety Committee's conduct monthly workplace inspections? (3)

1) Intent is that each month the full workplace will be inspected 2) Larger facilities can take more time (up to 30 days or more) to inspect 3) MOL allows companies to break up inspections into 12 parts with each part being systematically inspected so that at the end of the year each one of the parts has been inspected at least once; must be documented by JHSC

Why must workers on the Joint Health Safety Committee be employed by the company? (3)

1) Workers on JHSC must be employed by company to prevent Union choosing their own people at various companies. 2) The Union picks the workers who sit on the JHSC. Requiring the workers on JHSC be employed by the company prevents them from picking their own workers from their Union Hall. 3) Anyone representing the workers must be working for that company.

When are companies required to have a Joint Health and Safety Committee? (4)

1) where twenty or more workers are employed or 2) Where there is a Designated Substance or 3) At a construction project which will last at least 3 months and there is at least 20 workers (GANTT big projects; usually general contractor has the JHSC) 4) any workplace where an order has been issued under section 33 of the Act. This would be an order issued by the Minister of Labour

What does stop work order mean for a Ministry of Labour order?

A Stop Work Order is a legal notice requiring employers to immediately suspend all work and business operations.

What is a trade?

A skilled job, typically one requiring manual skills and special training (ex. Electrician, Plumber's, Boilmakers, Construction Workers)

What does forthwith mean for a Ministry of Labour order?

Forthwith meaning as soon as it can be reasonably done. It implies immediacy, with no excuses for delay

What can Joint Health and Safety Committee's not disclose in confidentiality? (4)

JHSC members must not disclose: 1) information about any workplace tests or inquires conducted under the Act or Regs 2) the name of any person for whom information is received 3) any secret related to manufacturing, processes or trade information 4) any medical information or test results of a worker

Can an employer discipline a worker for refusing to work?

No, if a worker is disciplined then they should file a complaint with the Ontario Labour Relations Board. OLRB then has discussion with MOL who performs their own investigation.

Under the Occupational Health and Safety Act, when can a worker refuse work?

OHSA: Sections 43-50 Also see Guide to the OHSA on MOL website PART V RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER Refusal to work Non-application to certain workers 43 (1) This section does not apply to a worker described in subsection (2), (a) when a circumstance described in clause (3) (a), (b), (b.1) or (c) is inherent in the worker's work or is a normal condition of the worker's employment; or (b) when the worker's refusal to work would directly endanger the life, health or safety of another person. R.S.O. 1990, c. O.1, s. 43 (1); 2009, c. 23, s. 4 (1). Idem (2) The worker referred to in subsection (1) is, (a) a person employed in, or a member of, a police force to which the Police Services Act applies; (b) a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; (c) a person employed in the operation of, (i) a correctional institution or facility, (ii) a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, (iii) a place of temporary detention under the Youth Criminal Justice Act (Canada), or (iv) a similar institution, facility or place; (d) a person employed in the operation of, (i) a hospital, sanatorium, long-term care home, psychiatric institution, mental health centre or rehabilitation facility, (ii) a residential group home or other facility for persons with behavioural or emotional problems or a physical, mental or developmental disability, (iii) an ambulance service or a first aid clinic or station, (iv) a laboratory operated by the Crown or licensed under the Laboratory and Specimen Collection Centre Licensing Act, or (v) a laundry, food service, power plant or technical service or facility used in conjunction with an institution, facility or service described in subclause (i) to (iv). R.S.O. 1990, c. O.1, s. 43 (2); 1997, c. 4, s. 84; 2001, c. 13, s. 22; 2006, c. 19, Sched. D, s. 14; 2007, c. 8, s. 221. Refusal to work (3) A worker may refuse to work or do particular work where he or she has reason to believe that, (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; (b.1) workplace violence is likely to endanger himself or herself; or (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. R.S.O. 1990, c. O.1, s. 43 (3); 2009, c. 23, s. 4 (2). Report of refusal to work (4) Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker's employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of, (a) a committee member who represents workers, if any; (b) a health and safety representative, if any; or (c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them, who shall be made available and who shall attend without delay. R.S.O. 1990, c. O.1, s. 43 (4). Worker to remain in safe place and available for investigation (5) Until the investigation is completed, the worker shall remain, (a) in a safe place that is as near as reasonably possible to his or her work station; and (b) available to the employer or supervisor for the purposes of the investigation. 2009, c. 23, s. 4 (3). Refusal to work following investigation (6) Where, following the investigation or any steps taken to deal with the circumstances that caused the worker to refuse to work or do particular work, the worker has reasonable grounds to believe that, (a) the equipment, machine, device or thing that was the cause of the refusal to work or do particular work continues to be likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works continues to be likely to endanger himself or herself; (b.1) workplace violence continues to be likely to endanger himself or herself; or (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention continues to be likely to endanger himself, herself or another worker, the worker may refuse to work or do the particular work and the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified thereof. R.S.O. 1990, c. O.1, s. 43 (6); 2009, c. 23, s. 4 (4). Investigation by inspector (7) An inspector shall investigate the refusal to work in consultation with the employer or a person representing the employer, the worker, and if there is such, the person mentioned in clause (4) (a), (b) or (c). 2001, c. 9, Sched. I, s. 3 (11). Decision of inspector (8) The inspector shall, following the investigation referred to in subsection (7), decide whether a circumstance described in clause (6) (a), (b), (b.1) or (c) is likely to endanger the worker or another person. 2009, c. 23, s. 4 (5). Idem (9) The inspector shall give his or her decision, in writing, as soon as is practicable, to the employer, the worker, and, if there is such, the person mentioned in clause (4) (a), (b) or (c). R.S.O. 1990, c. O.1, s. 43 (9). Worker to remain in safe place and available for investigation (10) Pending the investigation and decision of the inspector, the worker shall remain, during the worker's normal working hours, in a safe place that is as near as reasonably possible to his or her work station and available to the inspector for the purposes of the investigation. 2009, c. 23, s. 4 (6). Exception (10.1) Subsection (10) does not apply if the employer, subject to the provisions of a collective agreement, if any, (a) assigns the worker reasonable alternative work during the worker's normal working hours; or (b) subject to section 50, where an assignment of reasonable alternative work is not practicable, gives other directions to the worker. 2009, c. 23, s. 4 (6). Duty to advise other workers (11) Pending the investigation and decision of the inspector, no worker shall be assigned to use or operate the equipment, machine, device or thing or to work in the workplace or in the part of the workplace being investigated unless, in the presence of a person described in subsection (12), the worker has been advised of the other worker's refusal and of his or her reasons for the refusal. R.S.O. 1990, c. O.1, s. 43 (11). Idem (12) The person referred to in subsection (11) must be, (a) a committee member who represents workers and, if possible, who is a certified member; (b) a health and safety representative; or (c) a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is no trade union, by the workers to represent them. R.S.O. 1990, c. O.1, s. 43 (12). Entitlement to be paid (13) A person shall be deemed to be at work and the person's employer shall pay him or her at the regular or premium rate, as may be proper, (a) for the time spent by the person carrying out the duties under subsections (4) and (7) of a person mentioned in clause (4) (a), (b) or (c); and (b) for time spent by the person carrying out the duties under subsection (11) of a person described in subsection (12). R.S.O. 1990, c. O.1, s. 43 (13). Section Amendments with date in force (d/m/y) Definition and non-application Definition 44 (1) In sections 45 to 48, "dangerous circumstances" means a situation in which, (a) a provision of this Act or the regulations is being contravened, (b) the contravention poses a danger or a hazard to a worker, and (c) the danger or hazard is such that any delay in controlling it may seriously endanger a worker. Non-application (2) Sections 45 to 49 do not apply to, (a) a workplace at which workers described in clause 43 (2) (a), (b) or (c) are employed; or (b) a workplace at which workers described in clause 43 (2) (d) are employed if a work stoppage would directly endanger the life, health or safety of another person. R.S.O. 1990, c. O.1, s. 44. Bilateral work stoppage 45 (1) A certified member who has reason to believe that dangerous circumstances exist at a workplace may request that a supervisor investigate the matter and the supervisor shall promptly do so in the presence of the certified member. Investigation by second certified member (2) The certified member may request that a second certified member representing the other workplace party investigate the matter if the first certified member has reason to believe that dangerous circumstances continue after the supervisor's investigation and remedial actions, if any. Idem (3) The second certified member shall promptly investigate the matter in the presence of the first certified member. Direction following investigation (4) If both certified members find that the dangerous circumstances exist, the certified members may direct the constructor or employer to stop the work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing. Constructor's or employer's duties (5) The constructor or employer shall immediately comply with the direction and shall ensure that compliance is effected in a way that does not endanger a person. Investigation by inspector (6) If the certified members do not agree whether dangerous circumstances exist, either certified member may request that an inspector investigate the matter and the inspector shall do so and provide the certified members with a written decision. Cancellation of direction (7) After taking steps to remedy the dangerous circumstances, the constructor or employer may request the certified members or an inspector to cancel the direction. Idem (8) The certified members who issued a direction may jointly cancel it or an inspector may cancel it. Delegation by certified member (9) In such circumstances as may be prescribed, a certified member who represents the constructor or employer shall designate a person to act under this section in his or her stead when the certified member is not available at the workplace. R.S.O. 1990, c. O.1, s. 45. Declaration against constructor, etc. 46 (1) A certified member at a workplace or an inspector who has reason to believe that the procedure for stopping work set out in section 45 will not be sufficient to protect a constructor's or employer's workers at the workplace from serious risk to their health or safety may apply to the Board for a declaration or recommendation described in subsection (5), or both. R.S.O. 1990, c. O.1, s. 46 (1); 1998, c. 8, s. 53 (1). (2) Repealed: 1998, c. 8, s. 53 (2). Minister a party (3) The Minister is entitled to be a party to a proceeding before the Board. R.S.O. 1990, c. O.1, s. 46 (3); 1998, c. 8, s. 53 (3). Board procedure, etc. (4) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to applications under this section. 1998, c. 8, s. 53 (4). Declaration and recommendation (5) If the Board finds that the procedure for stopping work set out in section 45 will not be sufficient to protect the constructor's or employer's workers at the workplace from serious risk to their health or safety, the Board, (a) may issue a declaration that the constructor or employer is subject to the procedure for stopping work set out in section 47 for the period specified; and (b) may recommend to the Minister that an inspector be assigned to oversee the health and safety practices of the constructor or employer at the workplace on a full-time or part-time basis for a specified period. R.S.O. 1990, c. O.1, s. 46 (5); 1998, c. 8, s. 53 (5). Criteria (6) In making a finding under subsection (5), the Board shall determine, using the prescribed criteria, whether the constructor or employer has demonstrated a failure to protect the health and safety of workers and shall consider such other matters as may be prescribed. R.S.O. 1990, c. O.1, s. 46 (6); 1998, c. 8, s. 53 (6). Decision final (7) The decision of the Board on an application is final. R.S.O. 1990, c. O.1, s. 46 (7); 1998, c. 8, s. 53 (7). Costs of inspector (8) The employer shall reimburse the Province of Ontario for the wages, benefits and expenses of an inspector assigned to the employer as recommended by the Board. 1998, c. 8, s. 53 (8). Section Amendments with date in force (d/m/y) Unilateral work stoppage 47 (1) This section applies, and section 45 does not apply, to a constructor or an employer, (a) against whom the Board has issued a declaration under section 46; or (b) who advises the committee at a workplace in writing that the constructor or employer adopts the procedures set out in this section respecting work stoppages. R.S.O. 1990, c. O.1, s. 47 (1); 1998, c. 8, s. 54. Direction re work stoppage (2) A certified member may direct the constructor or employer to stop specified work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing if the certified member finds that dangerous circumstances exist. Constructor's or employer's duties (3) The constructor or employer shall immediately comply with the direction and shall ensure that compliance is effected in a way that does not endanger a person. Investigation by constructor, etc. (4) After complying with the direction, the constructor or employer shall promptly investigate the matter in the presence of the certified member. Investigation by inspector (5) If the certified member and the constructor or employer do not agree whether dangerous circumstances exist, the constructor or employer or the certified member may request that an inspector investigate the matter and the inspector shall do so and provide them with a written decision. Cancellation of direction (6) After taking steps to remedy the dangerous circumstances, the constructor or employer may request the certified member or an inspector to cancel the direction. Idem (7) The certified member who made the direction or an inspector may cancel it. R.S.O. 1990, c. O.1, s. 47 (2-7). Section Amendments with date in force (d/m/y) Entitlement to investigate 48 (1) A certified member who receives a complaint that dangerous circumstances exist is entitled to investigate the complaint. Entitlement to be paid (2) The time spent by a certified member in exercising powers and carrying out duties under this section and sections 45 and 47 shall be deemed to be work time for which the member's employer shall pay the member at the regular or premium rate as may be proper. R.S.O. 1990, c. O.1, s. 48. Complaint re direction to stop work 49 (1) A constructor, an employer, a worker at the workplace or a representative of a trade union that represents workers at the workplace may file a complaint with the Board if he, she or it has reasonable grounds to believe that a certified member at the workplace recklessly or in bad faith exercised or failed to exercise a power under section 45 or 47. R.S.O. 1990, c. O.1, s. 49 (1); 1998, c. 8, s. 55 (1). Limitation (2) A complaint must be filed not later than 30 days after the event to which the complaint relates. R.S.O. 1990, c. O.1, s. 49 (2); 1998, c. 8, s. 55 (2). Minister a party (3) The Minister is entitled to be a party to a proceeding before the Board. R.S.O. 1990, c. O.1, s. 49 (3); 1998, c. 8, s. 55 (3). Board procedure, etc. (3.1) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to complaints under this section. 1998, c. 8, s. 55 (4). Determination of complaint (4) The Board shall make a decision respecting the complaint and may make such order as it considers appropriate in the circumstances including an order decertifying a certified member. 1998, c. 8, s. 55 (5). Decision final (5) The decision of the Board is final. R.S.O. 1990, c. O.1, s. 49 (5); 1998, c. 8, s. 55 (6). Section Amendments with date in force (d/m/y) PART VI REPRISALS BY EMPLOYER PROHIBITED No discipline, dismissal, etc., by employer 50 (1) No employer or person acting on behalf of an employer shall, (a) dismiss or threaten to dismiss a worker; (b) discipline or suspend or threaten to discipline or suspend a worker; (c) impose any penalty upon a worker; or (d) intimidate or coerce a worker, because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act. R.S.O. 1990, c. O.1, s. 50 (1). Arbitration (2) Where a worker complains that an employer or person acting on behalf of an employer has contravened subsection (1), the worker may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint. 1998, c. 8, s. 56 (1). Referral by inspector (2.1) Where the circumstances warrant, an inspector may refer a matter to the Board if the following conditions are met: 1. The worker has not had the matter dealt with by final and binding settlement by arbitration under a collective agreement or filed a complaint with the Board under subsection (2). 2. The worker consents to the referral. 2011, c. 11, s. 13 (1). Same (2.2) Any rules governing the practice and procedure of the Board apply with all necessary modifications to a referral made under subsection (2.1). 2011, c. 11, s. 13 (1). Referral not an order (2.3) A referral made under subsection (2.1) is not an order or decision for the purposes of section 61. 2011, c. 11, s. 13 (1). Inquiry by Board (3) The Board may inquire into any complaint filed under subsection (2) or referral made under subsection (2.1) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with all necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act. 1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (2). Same (4) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 apply with all necessary modifications. 1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (3). Rules to expedite proceedings (4.1) The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to a complaint filed under subsection (2) or a referral made under subsection (2.1). 2011, c. 11, s. 13 (4). Same (4.2) Subsections 110 (19), (20), (21) and (22) of the Labour Relations Act, 1995 apply, with necessary modifications, to rules made under subsection (4.1). 2011, c. 11, s. 13 (4). Onus of proof (5) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employer or the person acting on behalf of the employer. R.S.O. 1990, c. O.1, s. 50 (5); 1998, c. 8, s. 56 (2); 2011, c. 11, s. 13 (5). Jurisdiction when complaint by public servant (6) The Board shall exercise jurisdiction under this section when a complaint filed under subsection (2) or a referral made under subsection (2.1) is in respect of a worker who is a public servant within the meaning of the Public Service of Ontario Act, 2006. 2011, c. 11, s. 13 (6). Board may substitute penalty (7) Where on an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances. 1995, c. 1, s. 84 (1); 1998, c. 8, s. 56 (4); 2011, c. 11, s. 13 (7). Note: A complaint under subsection 50 (2) in which a final decision has not been issued on November 10, 1995 shall be decided as if subsection 50 (7), as re-enacted by the Statutes of Ontario, 1995, chapter 1, subsection 84 (1), were in force at all material times. See: 1995, c. 1, s. 84 (2). Exception (8) Despite subsections (2) and (2.1), a person who is subject to a rule or code of discipline under the Police Services Act shall have his or her complaint in relation to an alleged contravention of subsection (1) dealt with under that Act. R.S.O. 1990, c. O.1, s. 50 (8); 2011, c. 11, s. 13 (8). Section Amendments with date in force (d/m/y) Offices of the Worker and Employer Advisers Office of the Worker Adviser 50.1 (1) In addition to the functions set out in section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Worker Adviser has the functions prescribed for the purposes of this Part, with respect to workers who are not members of a trade union. 2011, c. 11, s. 14. Office of the Employer Adviser (2) In addition to the functions set out in section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Employer Adviser has the functions prescribed for the purposes of this Part, with respect to employers that have fewer than 100 employees or such other number as may be prescribed. 2011, c. 11, s. 14. Costs (3) In determining the amount of the costs that may be incurred by each office under subsection 176 (3) of the Workplace Safety and Insurance Act, 1997, the Minister shall take into account any functions prescribed for the purposes of this Part. 2011, c. 11, s. 14. Section Amendments with date in force (d/m/y)

Who is Responsible for Establishing the Joint Health and Safety Committee?

The employer or constructor

Where must the names and work locations of the Committee members be posted?

The names and work locations of the Committee members must be posted in a visible area such as a Health and safety bulletin board

What is a time based order?

Time based meaning company is given so many days or months to comply with order

What is the role of the Worker Trade Committee?

To inform the JHSC about health and safety concerns of the (their) individual trades that are on the project

What are Worker Trade Committee's (in Construction Projects)? (2)

Worker Trade Committee is similar to a JHSC but: 1) all members are chosen by the workers in those trades 2) are required on projects that regularly employee 50 or more workers and are expected to last at least 3 months

Is a worker paid while he is refusing to work?

Yes as long as work refusal investigation continues.

Can another worker perform the job while it is under investigation?

Yes, but when management asks the next worker to perform the job they must tell them that the previous worker has refused the job and why they refused. At that time the worker could refuse or do the job.

What is the victim surcharge and where does this money go? (7)

1) 25% of the MOL fine goes to a victim pool. 2) a penalty applied to people convicted of offences, in addition to a conditional discharge, a fine, or a community or custodial sentence, in order to provide compensation for the victims of crime. 3) The amount to be paid is specified by law, and courts have no discretion to reduce the amount, nor to waive the surcharge, even for defendants of limited means. 4) The surcharge is not paid directly to the criminal's victim, but is pooled and distributed through the The Victims' Justice Fund (VJF). 5) Under the Victims' Bill of Rights, money paid into the VJF is to be used to assist victims of Criminal Code offences either by supporting programs that provide services to victims or by making grants to community agencies that help victims. 6) VJF funding cannot be used to provide direct compensation to victims in the absence of a pre-existing program or to support initiatives designed to prevent persons from becoming victims of crime (although it can be used to assist persons who have been victims of crime from being re-victimized). 7) The money in the VJF is collected from victim fine surcharges imposed on fines under the Provincial Offences Act as well as the federal victim surcharge, which is imposed on Criminal Code and Controlled Drugs and Substances Act offences.

When do workers have the right to refuse work? (2)

1) All workers have the right to refuse work that may be considered unsafe or dangerous to their health 2) Except police officers, fire-fighters, workers employed in correctional institutions and health care workers WHEN public health and safety may be jeopardized (if public health not threatened, they can refuse work)

In terms of training requirements for Joint Health and Safety Committee's, what training is required? (2)

1) As of April 30, 2016 There is now a requirement that members on the JHSC take training that used to only be required by members that were to be Certified according to the Part II JHSC certification. 2) There are many consultants that provide training regarding the recognition of health and safety issues in the workplace.

What powers are given to the Ministry of Labour in terms of enforcement? (3)

1) Can order compliance with the Act & Regulations (orders via fines etc) 2) Can initiate prosecutions (do not carry the prosecution which is handed off to the attorney general: the collective lawyers of the provincial government; MOL acts as a witness for the prosecution) 3) Employers, supervisors and workers must assist and cooperate with inspectors (privileged and confidential information need not be provided to the ministry; can be kept between own legal council)

How does at least one worker and management representative become Certified in the Joint Health and Safety Committee? (2)

1) Certification process under which a worker or manager must undergo; requires training procedures 2) Certification requires a test

Who may order the employer to stop work that is dangerous to a worker? (2)

1) Certified Joint Health and Safety Committee member 2) Management (always had the right)

What confidentiality requirements do Joint Health and Safety Committee's have? (2)

1) Committee members are bound by confidentially requirement 2) Outside of the committee, the members cannot disclose anything from their meetings, inspections, workplace tests/inquires under the Act or regulation

How is the Committee set up? (5)

1) Committee must be co-chaired: worker and management representative 2) Members are entitled to 1 hour of paid preparation time prior to each meeting (supervisor can say no if worker needs more time to set-up; not entitled to more than 1 hour; management is irrelevant since they are on salary up to them how long they prep the meeting) 3) Members are to be paid for time spent at the meetings and during the carrying out of certain other committee duties 4) Pay is paid according to Collective Agreement (overtime or regular time) 5) Must keep record of meetings

What are the minimum requirements for the number of people in a Joint Health and Safety Committee? (3)

1) Company less than 50 (at least 20) employees: minimum 2 people- one worker and one management 2) Greater than or = 50 employees: minimum 4; two workers and two management people 3) Workers must always make up at least 50% of the committee (cannot have more management people than workers)

How extreme are the penalties for companies or individuals who are prosecuted and found guilty by the Ministry of Labour? (4)

1) Company: Up to $1,500,000 per offence (can have multiple offences) 2) Personal: Up to $100,000 per offence or One year in jail or BOTH 3) Companies are not suppose to compensate employees that are fined (ex. management; fine must be payed by the individual) 4) Note that a 25% victim surcharge is applied to all tickets and fines.

What are some of the duties of a Joint Health and Safety Committee? (6)

1) Conduct monthly workplace inspections 2) Must meet at the workplace at least once every 3 months (can have sooner or more if management is ok) 3) Investigate work refusals 4) Investigate complaints related to dangerous circumstances (management and JHSC should) 5) They may order the employer to stop work that is dangerous to a worker 6) Investigate serious accidents (management and JHSC should)

How did Joint Health and Safety Committees arise in Ontario? (2)

1) Dr. Ham in 1976 as part of the Royal Commission recommended joint responsibility for H&S in the workplace (to MOL in terms of how they could set up an OHS Act) 2) In response to this the government included the new term "Joint Health and Safety Committee" as part of the OHSA along with specified powers

For workplaces with 6 to 19 employees where Joint Health and Safety Committee's are not required, what does the Ministry of Labour mandate? (4)

1) H&S Representatives are required at a workplace or construction project where there are 6 - 19 workers and there is not a JHSC 2) The Rep is to be chosen by the workers (ensures worker representatives at small workplaces like construction projects; if unionized the union can choose) 3) The Rep has essentially the same power as the JHSC but not work stoppage order (cannot stop work but workers can still refuse work from their recommendations) 4) Do not require special training or certificate

What is the role of the Joint Health and Safety Committee according to the Occupational Health and Safety Act? (4)

1) Improve health and safety conditions in the workplace 2) How: a) by identifying potential hazards b) bringing them to the employer's attention

Why should the Joint Health and Safety Committee obtain information from the WSIB? (6)

1) Joint Health and Safety Committee can obtain information from the WSIB to help them perform their roles as JHSC members 2) For example, WSIB has a large volume of statistics 3) Wise to ask WSIB how their company is performing compared to other companies within their rate group 4) 218 rate groups. WSIB could respond to let you know where the company falls under for accident rates and severity compared to other companies (ex. top 10% for accidents; low frequency for accidents but severity very high= accidents people have forces people off for a very long time) 5) Help identify typical issues for your companies rate group 6) These can be used to highlight things to look out for during inspections

What are some further factors to consider regarding the requirements of a Joint Health and Safety Committee?

1) Not every workplace under the OHSA requires a JHSC 2) JHSC when 20 or more workers employed: includes full-time, part-time, seasonal (20 people one season 2 another season, would only need a JHSC when have 20 people; when you drop below dont require) 3) You can also keep it if you no longer have the requirement (ie if already established) 4) Management counts in the JHSC 5) Designated substances: 11 types and if you have 1 or more regardless of how many workers, you must have JHSC

What are some of the duties of a Joint Health and Safety Committee? (6)

1) Obtain information from the WSIB 2) Obtain information from the employer about existing hazards (in relation to brand new work processes being implemented; helps minimize problems before they happen) 3) Identify workplace hazards 4) Participate in Designated Substance Assessment & CP 5) Must accompany MOL inspector during inspections and investigations 6) Receive copies of MOL reports

What are some of the duties of a Joint Health and Safety Committee? (5)

1) Provide location for meetings (onsite) 2)Choose an employer representative 3) Must inform JHSC of work-related accidents involving injury, death, or occupational illness 4) Provide JHSC with results of H&S reports (ex.hygiene) 5) When committee makes a recommendation, must be a provide written response to JHSC recommendations within 21 calendar days (technical violations are chargeable offences if response exceeds 21 days; accepting, disregarding or stating you are reviewing recommendation is a response but the MOL may question this and write an order to get certain activities done)

What is an order as per Section 33 of the Occupational Health and Safety Act? (3)

1) Section 33: "Section 33" Order Section 33 of the Act permits a director to issue an order to an employer to either prohibit or restrict the presence, use or intended use of a toxic substance in the workplace [section 33(1)]. 2) For example, the director may order that a toxic substance can be used only if the workers exposed to it wear specified protective equipment or receive exposure to it only for a specified period of time. 3) Section 33 orders can be issued to the self-employed.

What powers are given to the Ministry of Labour in terms of enforcement? (4)

1) The (OHSA) Act provides the Ministry of Labour inspectors with the authority to enforce the law. 2) Broad powers include: a) Inspection of any provincial workplace at any time b) Investigation of any potentially hazardous situation c) Investigation of Work Refusals

What enforcement penalties exist from the Ministry of Labour? (6)

1) Tickets - set $ amount at front of OHSA (for simple infractions ex. not wearing steel toed boots or hardhat) 2) Fines - posted on MOL website (large fines given after prosecution) 3) Orders a) Time based (so many days or months to comply with order) b) Forthwith c) Stopwork 4) Prosecutions: time consuming. Usually only used for fatalities or extreme cases of non-compliance.

What are factors to consider when the trade union chooses workers for the Joint Health and Safety Committee? (4)

1) Trade unions have the right to choose the worker who represents the collective workers. 2) If they chose not to or there is no union, workers can volunteer and pick themselves. 3) Management is to have no involvement in choice. 4) No set procedure for how the workers are chosen. Ministry of Labour can help make choice if one cannot be made.

What are the steps for work refusal? (6)

1) Worker must immediately tell the supervisor (reason provided) 2) The supervisor and the employer must investigate the situation along with a worker JHSC member 3) The refusing worker must remain in a safe place near the work station until the investigation is completed. This is called a First Stage Work Refusal 4) If there is no resolution at the first stage or deemed safe and no issue, the worker can continue to refuse and this is called a Second Stage Work refusal 5) In the ongoing refusal the worker and employer must notify the MOL who then will investigate and render a decision 6) That decision is binding and will find that it is not likely to endanger or that it is likely to endanger

What are factors to consider in a work refusal? (7)

1) Worker must tell supervisor reasons for refusing to work; cannot just stop working 2) Worker JHSC and employer investigate what the issue is for the workers refusal. First Stage Refusal: Worker must remain in a safe work area near the workplace under investigation; given different work pending investigation. 3) Possibilities following investigation: a) All agree that yes a safety or health issue exists that needs to be corrected. Worker assigned different work. Fixing begins. b) All agree no safety or health issue exists. Tell the refusing worker this. c) Part of the investigators say it isn't it a problem and part of the investigators say there is a problem. No consensus. 4) Refusal worker must be told that there is not a problem or that there is a problem or consensus was not reached. Notified by the Employer and JHSC worker. 5) End of First Stage Work Refusal 6) Second Stage Work Refusal: The worker can still refuse work if no consensus reached or if they do not agree that no issue was found. MOL notified by the worker and employer 7) MOL investigates site and findings/decisions are final. Does not matter if management or worker does not agree. Appeals are possible. If ruling is that the work is not likely to harm and worker still refuses, the worker is subject to discipline (loss of pay etc)

What are requirements of the Joint Health and Safety Committee? (4)

1) Workers on JHSC must be employed by company 2) Workers are to be chosen by trade union representing workers or by workers 3) At least one worker and management representative must be Certified 4) The names and work locations of the Committee members must be posted