This Directive is deemed to be part
of collective agreements between the parties to the National Joint Council
(NJC). Employees are to be afforded ready access to this directive.
In cases of alleged
misinterpretation or misapplication arising out of this standard, the grievance
procedure, for all represented employees, within the meaning of the Public Service Labour Relations
Act, will be in
accordance with Section 7.0 of the National
Joint Council By‑Laws. For unrepresented employees the
departmental grievance procedure applies. (revised April 1, 2005)
This standard is deemed to be part
of collective agreements between the parties to the National Joint Council and,
employees are to be afforded ready access to this standard.
This standard incorporates the
minimum requirements of the Canada Labour Code,
Part II, and applicable regulations issued pursuant to that legislation
and applies to all departments and other portions of the Public Service, as
defined in Schedules I and IV of the Financial
Administration Act. (revised April 1, 2005)
In this standard:
bargaining agent (agent
négociateur) means an
employee organization:
- that
has been certified by the Public Service Labour Relations Board as bargaining
agent for a bargaining unit, and (revised April 1, 2005)
- the certification of which has not been
revoked;
regional office (bureau
régional) means the
regional office of the Department of Labour for the administrative region of
the Department in which the work place is situated;
safety and health
committee (comité
de la santé et de la sécurité) means a committee established pursuant to this standard;
safety and health
representative (représentant à la sécurité) means a representative appointed pursuant to
this standard;
safety officer (agent de
sécurité) means a person
designated as a safety officer pursuant to the Canada
Labour Code, Part II, and includes a regional safety officer;
work place (lieu de
travail) means any place
where an employee is engaged in work for the employee's department, i.e., the
place of assignment as a function of employment.
20.1.1 Agreements between departments and bargaining agents for the
formation and operation of national and regional safety and health committees
remain valid. Chapter 4‑9, National and regional safety and health
committees, outlines various requirements respecting the establishment and
operation of these committees.
20.2.1 Every department shall, for each departmental work place at
which twenty or more employees are normally employed, establish a safety and
health committee consisting of at least two persons, one of whom is an employee
or, where the committee consists of more than two persons, at least half of
whom are employees who:
- do not
exercise managerial functions; and
- have been
selected by the bargaining agent representatives.
20.2.2 For the purposes of paragraph 4(1), an employee cannot
be a step in the grievance procedure or a managerial exclusion.
20.2.3 A department is not required under this standard, to
establish a safety and health committee pursuant to paragraph 4, for a
work place that is on board a ship in respect of employees whose base is the
ship.
20.3.1 Where a department controls more than one work place referred
to in this standard or the size or nature of the operations of the department
or the work place precludes the effective functioning of a single safety and
health committee for those work places, the department shall, in consultation
with the bargaining agents and subject to the approval of or in accordance with
the direction of a safety officer, establish a safety and health committee for
such of those work places as are specified in the approval or direction.
20.4.1 A department shall select the member or members of a safety
and health committee to represent the department from among persons who have
management authority.
20.4.2 A safety and health committee shall have two chairpersons
selected from among the members of the committee, one being selected by the
bargaining agent representatives and the other by the departmental
representatives.
20.4.3 The chairpersons referred to in paragraph 9 shall act
alternately for such period of time as the safety and health committee
specifies in its rules of procedure.
20.4.4 A person may be selected as a member of a safety and health
committee for more than one term.
20.4.5 Where a member of a safety and health committee resigns or
ceases to be a member for any other reason, the vacancy shall be filled within
30 days after the next regular meeting of the committee.
20.4.6 The quorum of a safety and health committee shall consist of
the majority of the members of the committee, of which at least half are
bargaining agent representatives and at least one is a departmental representative.
20.5.1 Where a department, in consultation with the bargaining
agents, is satisfied that the nature of work being done by employees at a work
place is relatively free from risks to safety and health, the department may be
exempted from the requirements of paragraph 4, in respect of the work
place. In such cases, a request for exemption shall be referred by the
department to the appropriate regional or district office of Labour Canada.
20.5.2 Where, pursuant to a collective agreement or any other
agreement between the employer and employees, a committee of persons has been
appointed in respect of a work place controlled by a department and such
committee has, in the opinion of a safety officer, a responsibility for matters
relating to safety and health in the work place to such an extent that a safety
and health committee established under paragraph 4 for that work place
would not be necessary:
- the
safety officer may, by order, exempt the department from the requirements of paragraph 4
in respect of that work place;
- the
committee of persons that has been appointed for the work place has, in
addition to any rights, functions, powers, privileges and obligations under the
agreement, the same rights, functions, powers, privileges and obligations as a
safety and health committee under this standard; and
- the
committee of persons so appointed shall, for the purposes of this standard, be
deemed to be a safety and health committee established under paragraph 4
and all rights and obligations of departments and employees under this standard
and the provisions of this standard respecting a safety and health committee
apply, with such modifications as the circumstances require, in respect of the
committee of persons so appointed.
20.6.1 A department shall post and keep posted the names and work
locations of all the members of the safety and health committee established for
the work place controlled by the department in a conspicuous place or places
where they are likely to come to the attention of the department's employees.
20.7.1 A safety and health committee:
- shall
receive, consider and expeditiously dispose of complaints relating to the
safety and health of the employees represented by the committee;
- shall
maintain records pertaining to the disposition of complaints relating to the
safety and health of the employees represented by the committee;
- shall
cooperate with any occupational health service established to serve the work
place;
- may
establish and promote safety and health programs for the education of the
employees represented by the committee;
- shall
take part in all inquiries and investigations pertaining to occupational safety
and health including such consultations as may be necessary with persons who
are professionally or technically qualified to advise the committee on such
matters. The committee's involvement in these activities shall include the
participation of committee members appointed by the chairpersons;
- should
develop, establish and maintain programs, measures and procedures for the
protection or improvement of the safety and health of employees;
- shall
monitor on a regular basis programs, measures and procedures related to the
safety and health of employees. Such monitoring includes work place inspections
and accident investigations. Where unsafe conditions or practices requiring
immediate attention are found, the committee shall forthwith notify the person
in charge;
- shall
ensure that adequate records are kept on work accidents, injuries and health
hazards and shall monitor data relating to such accidents, injuries and hazards
on a regular basis;
- shall
cooperate with safety officers;
- may
request from a department such information as either party of the committee
considers necessary to identify existing or potential hazards with respect to
materials, processes or equipment in the work place;
- shall have
full access to all correspondence and reports relating to the safety and health
of employees represented by the committee, but shall not have access to the
medical records of any employee, except with the consent of that employee;
- shall
assist in the determination of requirements for personal protective equipment
pursuant to Personal protective equipment directive, chapter 2‑14;
and
- may
provide advice in planning and implementing changes in the work place where
occupational safety and health may be a factor, including work processes and
procedures.
20.8.1 The chairperson selected by the departmental representatives
shall provide a copy of the minutes of each safety and health committee meeting
to the department and to each committee member as soon as possible after the
meeting.
20.8.2 As soon as possible after a copy of committee minutes is
received, the department shall post same in the place or places referred to in
paragraph 16 and keep it posted there for a period of two months.
20.8.3 A copy of the committee minutes shall be kept by the
department at the work place to which it applies or at departmental
headquarters for a period of two years from the day on which the committee
meeting was held in such a manner that it is readily available for examination
by a safety officer.
20.8.4 The chairperson selected by the departmental
representatives shall:
- not
later than March 1 in each year, submit to the regional safety officer at
the regional office, a report of the committee's activities during the 12‑month
period ending on December 31of the preceding year, signed by both
chairpersons in the Labour Canada Form No. 499 (rev. 2/86) entitled
"Safety and Health Committee Report" and containing the infromation
required by that form; and
- as soon
as possible after submitting the report referred to in paragraph 21(1), post
a copy of the report in the place or places referred to in paragraph 16
and keep it posted there for a period of two months.
20.9.1 A safety and health committee shall keep accurate records of
all matter that come before it pursuant to paragraph 17 and shall keep
minutes of its meetings and shall make such minutes and records available to a
safety officer on his or her request.
20.10.1 A safety and health committee shall meet during regular working
hours at least once each month and, where meetings are required on an urgent
basis as a result of an emergency or other special circumstance, the committee
shall meet as required whether or not during regular working hours.
20.10.2 Members of a safety and health committee are entitled to such
time from their work as is necessary to attend meetings or to carry out any
other functions as members of the committee, including reasonable meeting
preparation time, and any time spent by the member while carrying out any of
his or her functions as a member of the committee shall, for the purposes of
calculating wages owing to him or her, be deemed to have been spent at work.
20.11.1 No member of a safety and health committee is personally liable
for anything done or omitted to be done by him or her in good faith under the
authority of this standard.
20.12.1 A safety and health committee may establish its own rules of
procedure in respect of the terms of the office not exceeding two years of
its members, the time, place and frequency of regular meetings of the
committee, and such procedures for its operations as it considers advisable.
20.13.1 No department shall fail or neglect to provide a safety and
health committee with any information requested by it pursuant to
paragraph 17(10).
20.14.1 Every department shall, for each work place controlled by it at
which five or more employees are normally employed and for which no safety and
health committee has been established, appoint the person selected pursuant to
paragraph 29 as the safety and health representative for that work place.
20.14.2 The employees at a work place referred to in paragraph 28
who do not exercise managerial functions, and have bargaining agent
representatives, shall select from among those employees a person to be
appointed as the safety and health representative of that work place and shall
advise the department in writing of the name of the person so selected.
20.14.3 For the purposes of paragraph 29, an employee cannot be a
step in the grievance procedure or a managerial exclusion.
20.14.4 The term of office of a safety and health representative shall
be not more than two years.
20.14.5 An employee may be selected as a safety and health
representative for more than one term.
20.14.6 Where a safety and health representative resigns are ceases to
be a representatives for any other reason, the vacancy shall be filled within
30 days.
20.15.1 Where a department controls more than one work place referred
to in this standard or the size or nature of the operations of the department
or the work precludes the effective functioning of a single safety and health
representative for those work places, the department shall, in consultation
with the bargaining agents and subject to the approval of or in accordance with
the direction of a safety officer, appoint a safety and health representative
for such of those work places as are specified in the approval or direction.
20.16.1 A department shall post and keep posted, in a conspicuous place
or places where it is likely to come to the attention of its employees, the
name and work location of the safety and health representative appointed for
the work place controlled by that department.
20.17.1 A safety and health representative:
- shall
receive, consider and expeditiously dispose of complaints relating to the
safety and health of employees represented by the representative;
- shall
take part in all inquiries and investigations pertaining to occupational safety
and health including such consultations as may be necessary with persons who
are professionally or technically qualified to advise the representative on
such matters;
- shall
monitor on a regular basis, programs, measures and procedures related to the
safety and health of employees;
- shall
ensure that adequate records are kept on work accidents, injuries and health
hazards and shall monitor data relating to such accidents, injuries and hazards
on a regular basis;
- may
request from a department such information as the representative considers
necessary to identify existing or potential hazards with respect to materials,
processes or equipment in the work place; and
- shall
have full access to all correspondence and reports relating to safety and
health of the employees represented by the representative, but shall not have
access to the medical records of any employee, except with the consent of that
employee.
20.18.1 A safety and health representative is entitled to such time
from his or her work as is necessary to carry out his or her functions as a
representative and any time spent while carrying out any of those functions
shall, for the purpose of calculating wages owing to him or her, be deemed to
have been spent at work.
20.19.1 No safety and health representative is personally liable for
anything done or omitted to be done by him or her in good faith under the
authority of this standard.
20.20.1 No department shall fail or neglect to provide a safety and
health representative with any information requested by him or her pursuant to
paragraph 36(5).
20.21.1 This chapter replaces chapter 3‑20 of PMM volume 12.
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