Occupational Health and Safety Act

13(1)

For the purposes of ensuring cooperation between the employer and workers in respect to health and safety, an employer shall, after consultation with any union that is a certified bargaining agent or has acquired bargaining rights on behalf of the employer’s workers, establish a joint health and safety committee

(a) if that employer regularly employs 20 or more workers, or

(b) at any work site designated by a Director.

13(2)

If there are 20 or more regularly employed workers in total from 2 or more employers at a work site, all employers shall, after consultation with any union that is a certified bargaining agent or has acquired bargaining rights on behalf of the employer’s workers, coordinate the establishment of a joint health and safety committee for that work site.

13(3)

Subsection (2) does not apply to a work site where a prime contractor has been designated.

13(4)

A joint health and safety committee shall, in accordance with the OHS Code, consist of

(a) workers who represent the workers engaged in the work of the employer and are not associated with the management of the work,

(b) where applicable, workers who represent the workers engaged in the work of the employer and are not associated with the management of the work and who are represented by any union that is a certified bargaining agent or has acquired bargaining rights on behalf of those workers, and

(c) persons who represent the employer.

13(5)

The number of persons on a joint health and safety committee who represent the employer shall not exceed in total the number of worker representatives on the committee.

13(6)

The duties of a joint health and safety committee include the following:

(a) the receipt, consideration and disposition of concerns respecting the health and safety of workers;

(b) participation in the employer’s hazard assessment;

(c) the making of recommendations to the employer respecting the health and safety of workers;

(d) review of the employer’s work site inspection documentation.

13(7)

A joint health and safety committee shall hold its meetings and carry out its duties and functions during normal working hours.

14(1)

For the purposes of ensuring cooperation between the employer and workers in respect to health and safety, an employer shall, after consultation with any union that is a certified bargaining agent or has acquired bargaining rights on behalf of the employer’s workers, designate a worker, who is not associated with the management of the employer, as the health and safety representative

(a) if that employer regularly employs 5 to 19 workers, or

(b) at any work site designated by a Director.

14(2)

If there are 5 to 19 workers in total from 2 or more employers regularly employed at a work site, all employers shall coordinate the designation of a health and safety representative for that work site.

14(3)

Subsection (2) does not apply to a work site where a prime contractor has been designated.

14(4)

The health and safety representative shall, in cooperation with a representative of the employer, perform the same duties, with any necessary modifications, as set out for the joint health and safety committees in section 13(6).

14(5)

A health and safety representative shall carry out all duties and functions during normal working hours.

14(6)

An employer that is required to designate a health and safety representative under this section may establish a joint health and safety committee under section 13 instead of designating a health and safety representative.

15

When an officer inspects a work site, the officer may request any member of the joint health and safety committee, their designates or a health and safety representative to be present at that inspection.

16

An employer who regularly employs 20 or more workers or on the direction of a Director shall, subject to the OHS Code, establish and implement a health and safety program.