4. Joint Health and Safety Committees

A joint health and safety committee is an advisory group of worker and management representatives. The workplace partnership to improve health and safety depends on the joint committee. It meets regularly to discuss health and safety concerns, review progress and make recommendations.

This chapter outlines the requirements of the Occupational Health and Safety Act that cover committees. More detailed information is available in the separate booklet called A Guide for Joint Health and Safety Committees and Representatives in the Workplace.

Where are joint committees required?

Joint committees are required in the following workplaces:

any workplace that regularly employs 20 or more workers ^{[ 1 ]} [section 9(2)(a)];
construction projects where 20 or more workers^{[ 1 ]} are regularly employed and that are expected to last three months or more;
any workplace (other than a construction project) to which a regulation concerning a designated substance applies, even if fewer than 20 workers are regularly employed [section 9(2)(c)];
any workplace where an order has been issued under section 33 of the Act (section 33 orders are explained in Chapter 9 of this guide, "Toxic Substances"), even if fewer than 20 workers are regularly employed [section 9(2)(b)]; and
any workplace or construction project that has been ordered by the Minister of Labour to establish a committee [section 9(3)].

Sometimes, an alternative to a committee may be allowed, if it provides comparable benefits to worker health and safety [section 9(4)]. The Minister of Labour may also, under certain circumstances, permit a single committee to be established for more than one workplace [sections 9(3.1) and 9(5)]. For more information on this option, a local Ministry of Labour office should be contacted.

Who is responsible for establishing a committee?

Every employer or constructor whose workplace falls into one of the above categories is responsible for establishing a joint committee. This means causing the members to be chosen and setting aside a time and place for meetings.

How many members must a committee have?

The minimum size of the committee depends on the number of workers. Where fewer than 50 workers are regularly employed, the committee must have at least two members [section 9(6)(a)]. If 50 or more workers are regularly employed, the committee must have at least four members [section 9(6)(b)]. As a general guide, the committee should be large enough so that the health and safety concerns of the entire workplace are represented. For example, if a workplace has a plant, office, laboratory, warehouse and delivery drivers, each of these areas should be represented on the committee.

Who can serve as a committee member? How are members chosen?

Except for the following rules, there are no restrictions on who can serve on joint health and safety committees:

At least half the members on the committee must represent workers [section 9(7)].
An employee who has the authority to discipline, hire, fire or recommend discipline, hiring or firing is considered a managerial employee. He or she can serve on the committee, but not as a worker representative.
The members representing workers must be employed by the workplace covered by the committee. Members no longer employed by the workplace cannot serve on the committee [section 9(10)].
The members representing workers must be chosen by the workers or, where applicable, by the trade union(s) representing the workers [section 9(8)].
The managerial members of the committee are chosen by the employer. Where possible, they should be employed at that workplace. If there are no managerial employees at the workplace covered by the committee, these members can come from another workplace of the employer [section 9(9)].
On most committees, at least one worker and one management representative must be certified [section 9(12)] (more information on certified members).
The names and work locations of the committee members must be posted in the workplace, where they are most likely to be seen by the workers. The employer or constructor is responsible for this posting [section 9(32)].

How should a committee operate?

The Act sets out only a few rules on how the committee should operate. Other than the following, the committee is free to decide its own procedures.

The committee must meet at the workplace at least once every three months [section 9(33)]. Many committees may need to meet more often.
The committee must be co-chaired by two members. One of the co-chairs is chosen by the members who represent workers, the other by the members representing the employer [section 9(11)].
Members are entitled to one hour of paid preparation time before each meeting. The committee can decide that more paid preparation time is required. Members are also paid for time spent at meetings and for carrying out certain other committee duties. They are paid their regular rate or, where applicable, their premium rate of pay [section 9(34) and (35)].
The committee must keep a record (minutes) of its meetings. These minutes must be made available, upon request, to a Ministry of Labour inspector [section 9(22)].

The Powers of the Joint Health and Safety Committee

The joint health and safety committee has several important rights and responsibilities.

Identify Workplace Hazards

The main purpose of the committee is to identify workplace hazards, such as machinery, substances, production processes, working conditions, procedures or anything else that can endanger the health and safety of workers [section 9(18)(a)]. To a large extent, this purpose is met by carrying out inspections of the workplace.

The members of the committee who represent workers must choose one of their group to inspect the workplace. This member does not always have to be the same person but should be, if possible, a "certified" committee member [section 9(23) and (24)]. If the committee has been established by an order of the Minister of Labour, under subsection 9(3.1), the committee members may designate a worker who is not on the committee to do the inspection.

The workplace should be inspected at least once a month. In some cases, this may not be practical. For example, the workplace may be too large and complex to be inspected fully each month. In such a case, the committee should establish an inspection schedule that will ensure that at least part of the workplace is inspected each month and the entire workplace is inspected at least once a year [sections 9(26), (27) and (28)].

The committee member who performs the inspection must report to the committee any actual or potential hazard facing workers. The committee must consider this information within a reasonable period of time [section 9(30)]. A Ministry of Labour inspector can order that the workplace be inspected more frequently than the Act prescribes.

Obtain Information from the Employer

For most committees, the employer is likely to be an important source of information. The committee has the power to obtain information from the employer:

about any actual or potential hazards in the workplace [section 9(18)(d)(i)];
about the health and safety experience and work practices and standards in other workplaces of which the employer is aware [section 9(18)(d)(ii)]; and
about any workplace testing that is being carried out for occupational health and safety purposes [section 9(18)(e)]. In addition, the committee has the right to be consulted about any workplace testing and to have a committee member representing workers present at the beginning of the testing to validate the procedures and/or the results [section 9(18)(f)].

Make Recommendations to the Employer

The committee has the power to make recommendations to the employer and to the workers on ways to improve workplace health and safety. For example, the committee could recommend that a new type of hearing protection be given to workers in noisy areas, or that safety training programs be established, or that special testing of the work environment be carried out [sections 9(18)(b) and (c)].

The employer must respond to any written recommendations from the committee, in writing, within 21 days. If the employer agrees with the recommendations, the response must include a timetable for implementation. For example, if the employer agrees that a special training program should be established, the response must say when the program will begin to be developed and when it will be delivered. If the employer disagrees with a recommendation, the response must give the reasons for disagreement [sections 9(20) and (21)].

Investigate Work Refusals

The committee members who represent workers must designate one of their group to be present at the investigation of a work refusal. [For more information, see Chapter 7, "The Right to Refuse Work"].

Investigate Serious Injuries

If a worker is killed or critically injured on the job, the members of the committee who represent workers must choose one or more of their group to conduct an investigation [section 9(31)]. This investigation can be part of, or in addition to, an investigation conducted by the employer or the Ministry of Labour.

The member(s) chosen to investigate have the right to inspect the actual scene where the worker was injured (but cannot alter it without permission from an inspector) and can also inspect any machine, equipment, substance, etc., that may be connected with the injury. The findings must be reported to the committee and to a director of the Ministry of Labour.

Obtain Information from the Workplace Safety and Insurance Board

At the committee's request, the Workplace Safety and Insurance Board (WSIB) must provide an annual summary of information about compensation claims relating to all workplaces of the employer in Ontario [section 12(1)]. This information must include:

number of fatalities
number of lost-time injuries
number of workdays lost
number of injuries requiring medical aid but that did not involve lost workdays
incidence of occupational illnesses
number of occupational injuries.

The WSIB can include any other information it considers necessary. When this report is received from the WSIB, the employer must post it in the workplace, where it is likely to be seen by the workers. If necessary, it may be posted in more than one area of the workplace, to ensure that all workers see it. ^{[ 2 ]}

Employer's Duty to Co-operate with the Committee

The Act places a general duty on the employer to co-operate with and help the joint committee to carry out its responsibilities [section 25(2)(e)]. In particular, the employer is required to:

provide any information that the committee has the power to obtain from the employer;
respond to committee recommendations, as described earlier;
give the committee copies of all orders and reports issued by the Ministry of Labour inspector; and
report any workplace deaths, injuries and illnesses to the committee.

Certified Members of Committees

A "certified" member of a joint committee is a member who has received special training in occupational health and safety and has been certified by the Workplace Safety and Insurance Board (WSIB). He or she plays an important role on the committee and in the workplace, with specific authority and responsibilities.

In general, all workplaces that are required to have joint committees must also have certified committee members. Certified members are not required for committees at workplaces that regularly employ less than 20 workers or at projects that regularly employ less than 50 workers [O. Reg. 385/96 as amended by O. Reg. 131/98].

Who decides which committee members will be certified?

The employer is responsible for ensuring that the joint committee has certified members. There is no limit to how many members may be certified, but there must be at least two: one representing workers and one representing the employer.

The workers (or the union) who selected the joint committee members also decide which members representing workers are to be certified [section 9(14)].

If more than one of the committee members representing workers is certified, the workers or the union must designate one or more of them as being entitled to exercise the rights and duties of certified members [section 9(15)].

Similarly, if more than one of the committee members representing the employer is certified, the employer must designate one or more as being able to exercise the rights and duties of certified members [section 9(16)].

In other words, even though a person is a committee member, and has been certified by the WSIB, he or she does not have the rights and powers of a certified member unless designated.

How do committee members become certified?

The WSIB (see Chapter 10) has the authority, under the Workplace Safety and Insurance Act, to certify members and set their training requirements.

What rights and duties do certified members have?

Because certified members have special training in workplace health and safety, they have special responsibilities in the workplace.

Where possible, the certified member who represents workers should conduct the monthly workplace inspections [section 9(24)]. He or she should also be present, if possible, at the investigation of a work refusal.

A certified member who receives a complaint that dangerous circumstances exist is entitled to investigate the complaint [section 48(1)].

Certified members also have the right, under certain circumstances, to order the employer to stop work that is dangerous to a worker. For a complete explanation of this right, see Chapter 8, "The Right to Stop Work".

Are certified members paid while they perform their duties?

Yes. A certified member who is exercising his or her rights and duties under the Act is considered to be at work. He or she must be paid the regular or premium rate by the employer, whichever is applicable [section 48(2)].

The same applies if a committee member is fulfilling the requirements for becoming certified as set by the WSIB [section 9(36)]. In the construction industry, however, the WSIB pays the worker for the time spent to become certified. The WSIB recovers these costs through assessments that it levies on all employers in the construction industry.

Worker Trades Committees on Construction Projects

In addition to the above rules concerning joint health and safety committees, there are special rules for the establishment and operation of worker trades committees on certain construction projects.

What is a worker trades committee?

This committee is similar to the joint health and safety committee, but there are two differences:

All members of the worker trades committee are chosen by the workers in the trade represented by the committee, or by their union [section 10(3)].
Worker trades committees are required on projects that regularly employ 50 or more workers and are expected to last at least three months [section 10(1)].

It is the responsibility of the joint health and safety committee, not of the employer or constructor, to establish the worker trades committee. The joint committee should ensure that all trades are represented [section 10(2)].

What are the powers of the worker trades committee?

The worker trades committee has no special powers. Its purpose is to inform the joint committee about the health and safety concerns of the trades people employed on the project [section 10(4)]. It may also serve as a forum to resolve problems that arise between trades. The joint committee has the authority to act on the information provided by the worker trades committee.

How often must a worker trades committee meet? Are members paid for attending meetings?

There is no rule about how often this committee must meet. The joint health and safety committee for the project must decide the maximum period of time for which members of the trades committee are entitled to be paid for attending meetings [section 10(6)]. For example, if the joint committee decides that the worker trades committee should meet once a week for an hour, that is the maximum period of time that any member can be paid for attending such meetings.

Members of worker trades committees must be allowed the necessary time to attend meetings. They are paid during these meetings as if they were performing their regular jobs. If a premium rate would apply at the time a meeting is held, it must be paid [section 10(5)].

Confidentiality of Information

Joint committee members may from time to time come across confidential information. Therefore, the Act requires committee members to observe some basic rules of confidentiality [section 63]. Except where allowed under this Act, or as required by another law, committee members:

must not disclose any information about any workplace tests or inquiries conducted under the Act or regulations;
must not reveal the name of any person from whom information is received;
must not disclose any secret manufacturing process or trade information; and
may disclose the results of any medical examinations or tests of workers only in a way that does not identify anyone.

^{[ 1 ]} "Worker" does not include a participant in community participation (workfare) under the Ontario Works Act, 1997 or a volunteer worker.

^{[ 2 ]} This information can also be requested by the employer, an individual employee, a union or a health and safety representative.