UNDE National Health and UNDE National Health and Safety ConferenceSafety Conference

September 28, 2012September 28, 2012

Bargaining Agent Expectations Bargaining Agent Expectations of Representativesof Representatives

Overall ObjectiveOverall Objective

To be an effective and informed To be an effective and informed advocate for our members and to advocate for our members and to ensure the employer is carrying out ensure the employer is carrying out their duties under the Canada Labour their duties under the Canada Labour Code and Regulations.Code and Regulations.

What is a Work Place Health What is a Work Place Health and Safety Committee?and Safety Committee?

When employer and employee When employer and employee representatives are involved in a representatives are involved in a range of activities having an impact range of activities having an impact on health & safety in the workplace on health & safety in the workplace they represent.they represent.

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Canada Labour Code Part II Canada Labour Code Part II and the Canada Occupational and the Canada Occupational Health and Safety RegulationsHealth and Safety Regulations

These are found at the JUSTICE.GC.CA websiteThese are found at the JUSTICE.GC.CA website

Regulatory Requirements covering federal work, Regulatory Requirements covering federal work, undertaking or businessundertaking or business

Provisions to establish Work Place Health and Safety Provisions to establish Work Place Health and Safety CommitteesCommittees

Provisions to establish Policy Health and safety Provisions to establish Policy Health and safety CommitteesCommittees

Workplace Health and Safety Workplace Health and Safety CommitteeCommittee

Section 135.1Section 135.1- Every employer shall establish, for each work Every employer shall establish, for each work

place at which 20 or more employees are place at which 20 or more employees are normally employed, a workplace health and normally employed, a workplace health and safety committee.safety committee.

- employer and employee representation consisting employer and employee representation consisting of at least two persons and half of the members of at least two persons and half of the members are employees are employees who do not exercise who do not exercise managerial functionsmanagerial functions..

- committee co-chairs (could be more than two).committee co-chairs (could be more than two).- If there are less than twenty employees, a Health If there are less than twenty employees, a Health

and Safety representative is and Safety representative is appointedappointed..

Canada Labour Code Part IICanada Labour Code Part II((Policy Health and Safety Policy Health and Safety

Committee.)Committee.)- Every employer who normally employs - Every employer who normally employs

directly 300 or more employees shall directly 300 or more employees shall establish a policy health and safety establish a policy health and safety committee.committee.

- Management and employee representatives.Management and employee representatives.

- Bargaining agents select their - Bargaining agents select their representatives.representatives.

- Two Co-chairs appointed.- Two Co-chairs appointed.

- Records of meetings.- Records of meetings.

- Meetings held quarterly.- Meetings held quarterly.

EXPECTATIONSEXPECTATIONS

• Be Well Informed (Code and Regulation Be Well Informed (Code and Regulation Requirements)Requirements)

• Establish Solid Terms of ReferenceEstablish Solid Terms of Reference

• Be Assertive When Dealing With Actions To Be TakenBe Assertive When Dealing With Actions To Be Taken

• We Are On An Equal Footing With Management and We Are On An Equal Footing With Management and Should Not Feel IntimidatedShould Not Feel Intimidated

EXPECTATIONS contd.EXPECTATIONS contd.

This Is Work And Is To Be Treated As SuchThis Is Work And Is To Be Treated As Such

Shall participate in the implementation and Shall participate in the implementation and monitoring for the prevention of hazards (Job monitoring for the prevention of hazards (Job Hazard Analylis and Work Place Inspections)Hazard Analylis and Work Place Inspections)

Shall Participate in All InvestigationsShall Participate in All Investigations

Work place committeeWork place committee

““Shall participate in the development and Shall participate in the development and monitoring of a program for the prevention monitoring of a program for the prevention of hazards by educating employees” (HPP)of hazards by educating employees” (HPP)

““Shall participate in all inquiries, Shall participate in all inquiries, investigations, studies and investigations, studies and inspectionsinspections””

Work place committeeWork place committee

If required shall consult with professionals or If required shall consult with professionals or technically qualified personnel;technically qualified personnel;

Shall be involved in the provision of personal Shall be involved in the provision of personal protective clothing, devices or materials;protective clothing, devices or materials;

Shall ensure that proper records are maintained Shall ensure that proper records are maintained on work accidents, injuries and health hazards;on work accidents, injuries and health hazards;

Work place committeeWork place committee

““Shall co-operate with H&S Officers”Shall co-operate with H&S Officers”

““Shall participate in the implementation that Shall participate in the implementation that may affect work processes and procedures”may affect work processes and procedures”

““Shall assist the employer with investigations Shall assist the employer with investigations and assessing the exposure of employees to and assessing the exposure of employees to hazardous substances”hazardous substances”

Work place committeeWork place committee

““Shall inspect the work place on a monthly basis”Shall inspect the work place on a monthly basis”

““Shall participate in the development of health and Shall participate in the development of health and safety policies if required”safety policies if required”

““H&S committees may request from the employer H&S committees may request from the employer any information that the committee considers any information that the committee considers necessarynecessary in respect to materials, processes, in respect to materials, processes, equipment or activities”equipment or activities”

Work place committeeWork place committee

““Committees Committees shall have access to all shall have access to all reports, studies and testsreports, studies and tests relating to relating to H&S of the employees except for personal H&S of the employees except for personal medical records”medical records”

““Committees will meet at least nine times Committees will meet at least nine times per year”per year”

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Summary Summary

EducationEducation• Canada Labour Code and RegulationsCanada Labour Code and Regulations• Hazard Prevention ProgramHazard Prevention Program• HRSDC Labour HRSDC Labour

Interpretations/Policies/GuidelinesInterpretations/Policies/Guidelines• NJC DirectivesNJC Directives

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Summary contd.Summary contd.

At MeetingsAt Meetings• Start With a Good Solid Terms of Start With a Good Solid Terms of

ReferenceReference• Have All Materials at MeetingsHave All Materials at Meetings• Alternate Chairing the Meetings and Alternate Chairing the Meetings and

Challenge if not in AgreementChallenge if not in Agreement• Sign Off on Minutes Only When Sign Off on Minutes Only When

SatisfiedSatisfied

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Summary contd.Summary contd.

In The WorkplaceIn The Workplace• Ensure WPI are taking place Ensure WPI are taking place MONTHLYMONTHLY• Ensure PPE is Being UsedEnsure PPE is Being Used• Set The ExampleSet The Example• Take The Lead (even though mgt. Take The Lead (even though mgt.

Resp.)Resp.)• Have Materials At Hand (Bookmark all Have Materials At Hand (Bookmark all

Sites)Sites)• Network with OthersNetwork with Others

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Summary Cont.Summary Cont.

Where to Get HelpWhere to Get Help• Regional and National ConferencesRegional and National Conferences• Regional CommitteesRegional Committees• PSAC Regional Rep Respopnsible for H&SPSAC Regional Rep Respopnsible for H&S• Federations of Labour CommitteesFederations of Labour Committees• Health and Safety Centres (BC & Ont)Health and Safety Centres (BC & Ont)• Make Use of The InternetMake Use of The Internet• Maintain Contact with other H&S Maintain Contact with other H&S

ActivistsActivists

References:References:

-Canada Labour Code Part II -Canada Labour Code Part II - Canada Occupational Health and Canada Occupational Health and

Safety RegulationsSafety Regulations- Canada Centre for Occupational Canada Centre for Occupational

Health and SafetyHealth and Safety- HRSDC – Labour ProgramHRSDC – Labour Program