5. Health and Safety Representatives
Not all workplaces are required to have a joint health and safety committee. In small workplaces, a health and safety representative of the workers is required instead. This chapter outlines the provisions of the Occupational Health and Safety Act that cover health and safety representatives.
A health and safety representative is required at a workplace or construction project where six or more workers are regularly employed, and where there is no joint committee [section 8(1)]. The representative must be chosen by the workers, or by the union if there is one [section 8(5)].
Health and safety representatives have essentially the same powers as joint committee members, except for the power to stop work. If you are a health and safety representative, you should read Chapter 4, "Joint Health and Safety Committees", and also refer to the separate guide for joint committees and representatives.
The Powers of the Health and Safety Representative
A health and safety representative has the power to:
Identify Workplace Hazards
The health and safety representative has the power to identify workplace hazards. This power is usually exercised by conducting workplace inspections.
No matter how small the workplace, the representative must inspect it at least once a month [section 8(6)]. If it is not practical, for some reason, to inspect the entire workplace once a month, at least part of it must be inspected monthly, following a schedule agreed upon by the representative and the employer. The entire workplace must be inspected at least once a year [sections 8(7) and (8)].
Other workers, as well as the employer, must give the representative any information and assistance needed to carry out these inspections [section 8(9)].
Obtain Information from the Employer
The health and safety representative is entitled to the same information available to a joint committee member. Under the Act, the employer must share with the representative any such information that he or she has [sections 8(11)(a) and (c)].
Be Consulted about Workplace Testing
If the employer intends to do testing of any kind in or about the workplace and related to occupational health and safety, the representative has the right to be consulted before the testing takes place. He or she may also be present at the beginning of such testing [section 8(11)(b)].
Make Recommendations to the Employer
The representative has the power to make recommendations to the employer on ways to improve workplace health and safety–the same power given to joint committees.
The employer must respond in writing to any written recommendations within 21 days [section 8(12)].
Investigate Work Refusals
The health and safety representative should 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 representative has the right to inspect the scene where the injury occurred and any machine, equipment, substance, etc., that may be connected with it. His or her findings must be reported in writing to a director of the Ministry of Labour [section 8(14)].Request Information from the Workplace Safety and Insurance Board (WSIB)
The health and safety representative is entitled to request the same information from the WSIB that is available to a joint committee member. When this information is received from the WSIB, the employer must post it in the workplace, in a location where it is likely to be seen by the workers [section 12].
Are representatives paid while performing their duties?
Yes. A representative is entitled to carry out inspections and investigations. During this time, he or she must be paid the regular or premium rate, whichever is applicable [section 8(15)].
Confidentiality of Information
The health and safety representative has the same duty of confidentiality as that imposed on joint committee members.
