Occupational Health and Safety Code

196

This Part applies to a work site that is required to have a joint health and safety committee under section 13 of the Act or a health and safety representative under section 14 of the Act.

196.1(1)

In this section, “union” means any union that is a certified bargaining agent or has acquired bargaining rights on behalf of workers at a work site.

196.1(2)

Worker members of a joint health and safety committee who represent non-union workers must be selected by the non-union workers.

196.1(3)

Worker members of a joint health and safety committee who represent unionized workers must be selected by the applicable union.

196.1(4)

An employer must determine how many worker members are needed

(a) to equitably represent any union at the work site and non-unionized workers, and

(b) to address relevant occupational health and safety concerns.

196.1(5)

The employer shall specify a reasonable time by which any union and any non-unionized workers must provide the employer with the names of the worker representatives.

196.1(6)

If the workers, or where applicable, the union representing workers, do not select workers for the committee, then the employer must select those worker members.

196.2

A joint health and safety committee must have 2 co-chairs, one chosen by the persons representing the employer on the committee and the other chosen by the worker members on the committee.

197

An employer must ensure each joint health and safety committee develops written terms of reference

(a) outlining the process to select co-chairs,

(b) outlining the process for selecting worker members to the committee to ensure worker members are representative of the workers for that employer,

(c) establishing a term of office for committee members,

(d) outlining the frequency for regular committee meetings and how meeting records will be maintained,

(e) outlining processes for conducting meetings, and forwarding health and safety concerns to the attention of the employer,

(f) establishing a process to replace a member during the member’s term of office,

(g) establishing a dispute resolution process for when the committee cannot agree on a recommendation to the employer, and

(h) outlining processes to address circumstances where committee members are not fulfilling their duties.

198(1)

A joint health and safety committee must convene a special meeting if requested to do so by an officer.

198(2)

The employer shall maintain a copy of the minutes of a special meeting for 2 years and have them readily available for inspection by a joint health and safety committee member or an officer.

199

A quorum of a joint health and safety committee is 1/2 of the members if

(a) worker members and members representing the employer are present, and

(b) at least 1/2 of those present are worker members.

199.1

The employer must

(a) maintain a record of the names and contact information for the members of the joint health and safety committee or health and safety representative, and

(b) conspicuously post contact information for the joint health and safety committee or health and safety representative at every work site where workers are represented by the committee or representative, or by another means as agreed to by the joint health and safety committee or health and safety representative.

199.2

A health and safety representative may call a special meeting with an employer to deal with concerns at the work site.

199.3

A worker who is a member of a joint health and safety committee or who is a health and safety representative is deemed to be at work during the times the worker is performing joint health and safety committee or health and safety representative duties, or attending training in connection with these duties.

201

An employer must ensure that members of a joint health and safety committee or a health and safety representative are trained in the following:

(a) the roles and responsibilities of co-chairs and members on joint health and safety committees and health and safety representatives;

(b) the obligations of work site parties;

(c) the rights of workers.