OCCUPATIONAL AND ENVIRONMENTAL SAFETY & HEALTH OPERATIONAL PROCEDURE

Transcription

1 OCCUPATIONAL AND ENVIRONMENTAL SAFETY & HEALTH OPERATIONAL PROCEDURE Subject: Workplace Safety and Health Committees Effective Date: May 1, 2009 (version 1) Supercedes: New Review Date: 3 years or legislation or job changes Original Signed by: Diane Gantzel, Director, WRHA Occupational and Environmental Safety & Health 1.0 GUIDING PRINCIPLES 1.1 In keeping with the Winnipeg Regional Health Authority (WRHA) commitment to providing a safe and healthy workplace as noted in the WRHA Workplace Safety and Health policy ( ), the following Operational Procedure has been developed to ensure that Workplace Health and Safety Committees are in place and functioning effectively. 1.2 This operational procedure is also designed to ensure that when followed the minimum requirements of Manitoba Workplace Safety and Health legislation is complied with and where possible exceeded. 1.3 As with all matters relating to the Safety and Health of workers the Workplace Safety and Health Committee should be consulted for their input. 2.0 DEFINITIONS 2.1 The Act: The Workplace Safety and Health Act W210 of Manitoba. 2.2 Committee: Means a workplace (occupational) safety and health committee established under section 40 of the Workplace Safety and Health Act. 2.3 Employer: Every person who, by himself or his agent or representative employs or engages one or more workers, and The Crown and every agency of the government. 2.4 Supervisor: Means a person who has charge of a workplace or authority over a worker. 2.5 Worker: Any person who is employed by an employer to perform a service whether for gain or reward, or hope of gain or reward or not Any person engaged by another person to perform services, whether under a contract of employment or not Any person undergoing training or serving an apprenticeship at an education institution or at any other place.

2 2.6 Director: means the person administratively responsible for the department or unit. Director includes heads of departments. 2.7 OESH: means the Occupational and Environmental Safety and Health Unit 2.8 Consultation: consider in good faith, the views and the opinions of the committee in the process of making a decision. 2.9 Quorum: one half of the worker members and one half of the members appointed by the employer. 3.0 OPERATIONAL PROCEDURE 3.1 Where required by the Workplace Safety and Health Act, the facility/site/program shall establish a Workplace Safety and Health Committee. More than one Committee may be necessary dependent on the size of the facility and the number of workers. For example, a large facility may have departmental committees who report to the main committee. 3.2 The committee must establish written rules of procedure for discharging its duties and/or responsibilities. The rules must include but are not limited to: Regular meetings (frequency, day, time and place) Procedure to be followed and type and amount of notice to be given to change the day, time or place of a regular meeting; and Rules respecting the conduct of committee meetings Any information related to the committee and its duties that are not outlined in or differ from this operational procedure. Note: the requirements of the Workplace Safety and Health Act and Regulation are the minimum requirements to be met. 3.3 The committee membership shall consist of not fewer than four or more than 12 persons, of whom at least 1/2 shall be persons representing workers who are not associated with the management of the workplace be appointed in accordance with the constitution of the union that is the certified bargaining agent or that has acquired bargaining rights on behalf of those workers, or where no such union exists, persons elected by the workers they represent. Employer members of the Committee shall be appointed be such that it represents all aspects of the facility/site/program ensure that if more than one union is present in the facility/site/program, the worker membership of the Committee will be made up of at least one representative from each union. 3.4 The term of office for committee members is two (2) years unless otherwise specified in a union agreement. Members continue to hold office until re-appointed or re-elected or until a successor is appointed or elected. 3.5 The Committee shall have two co-chairpersons one chosen by the employer members on the committee, and the other chosen by the worker members on the committee. 3.6 The names and departments of all Committee members are posted on the Health and Safety bulletin boards. 3.7 The committee may designate standing resource/guest members to be invited to the meetings. These may include but are not limited to:

3 3.7.1 OESH site assigned Safety Coordinator Infection Prevention and Control Facility Management 3.8 The committee must meet within one month of being established and, after that, at regular intervals not exceeding three months as specified in the committee s written rules of procedure. 3.9 A co-chairperson of a committee may call a special meeting to deal with matters of urgent concern, including but not limited to serious incidents, accidents or dangerous occurrences or matters believed to constitute a serious risk to the safety or health of a worker or other persons A member of a committee is entitled to take time off from his or her regular work duties in order to carry out his or her duties as a committee member. The member shall be paid at the member's regular or premium pay, as applicable, for all time spent carrying out his or her duties as a committee member as approved by the Committee. 4.0 RESPONSIBILITIES 4.1 Employer Act in accordance with the objects and purposes of the Act by ensuring, so far as is reasonably practicable, the safety, health and welfare at work of all his workers, and complying with the Act and regulations. 4.2 Facility/Program Executive Team Assign responsibilities to staff within the facility/program to ensure the implementation of this operational procedure Ensure resources (information, training, tool, equipment and time) are available to provide / maintain Support the Operational Procedure throughout the facility/program Consult and co-operate with the workplace safety and health committee regarding the duties and matters with which that committee is charged under the Workplace Safety and Health Act and Regulation Provide a bulletin board in a prominent place in the workplace that is readily accessible to workers for the exclusive use of committee members Provide the committee with a suitable location for committee meetings and appropriate resources for carrying out its duties and functions If requested by the committee or a representative, the employer or prime contractor shall disclose the following to the committee or representative: information concerning the testing of any equipment, device or chemical or biological substance used at a workplace; an inspection or investigation report respecting safety and health at the workplace; a report respecting workplace safety and health monitoring or audits.

4 4.2.8 If an employer receives written recommendations from the committee or representative identifying anything that may pose a danger to safety or health of any person, the employer shall respond in writing to the committee or representative no later than 30 days after receiving the recommendations unless the employer implements all of the recommendations within 30 days of receiving the recommendations. The response of an employer must: contain a timetable for implementing the recommendations that the employer accepts; and give reasons why the employer disagrees with any recommendations that the employer does not accept Other responsibilities that may be specified in the department/facility/site/program written rules of procedure as required in Directors/Managers/Supervisors Consult and co-operate with the workplace safety and health committee Provide sufficient time to committee members to uphold their responsibilities Other responsibilities that may be specified in the department/facility/site/program written rules of procedure as required in Worker Consult and co-operate with the workplace safety and health committee. 4.5 Workplace Safety and Health Committees The duties of the Committee will include but not be limited to: Receipt, consideration, and disposition of concerns and complaints respecting the safety and health of the workers Participation in the identification of risks to the safety or health of workers or other persons, arising out of or in connection with activities in the workplace Development and promotion of measures to protect the safety and health and welfare of persons in the workplace, and checking the effectiveness of such measures Development and promotion of programs for education and information concerning safety and health in the workplace The making of recommendations to the employer or prime contractor respecting the safety and health of workers The inspection of the workplace at regular intervals The review of statistical information, investigations and/or reports related to injuries, near misses and dangerous occurrences at the workplace May be involved in the resolution of refusals of dangerous work The maintenance of records in connection with the receipt and disposition of concerns and complaints and the attendance to other matters relating to the duties of the committee Ensure the following information is posted on the bulletin board provided: Name of each committee member Scheduled dates of committee meetings Agenda for each meeting Copy of minutes of each meeting signed by the co-chairpersons Any other item that the committee deems pertinent.

5 4.5.3 A committee member must not disclose a worker s personal health information unless the disclosure is required or permitted by law The committee must ensure that the minutes of each meeting are Recorded in an acceptable format Signed by the co-chairpersons Kept at the workplace for a period of not less than 10 years from the date of the meeting Distributed as follows: One copy on file One copy to each member of the Committee One copy to be posted on the Safety and Health Bulletin Board One copy to be sent by , fax or mail to the Department of Labour and Immigration - Workplace Safety and Health Division One copy to the OESH Safety Coordinator responsible for the department/facility/site/program Other responsibilities that may be specified in the department/facility/site/program written rules of procedure as required in Co-Chairs of Workplace Safety and Health Committees Alternate facilitating the meetings Meet prior to the scheduled meeting to prepare the agenda Approve and sign the minutes prior to distribution Ensure that the names of the committee members are posted in a conspicuous location throughout the department/facility/site/program Other responsibilities that may be specified in the department/facility/site/program written rules of procedure as required in Occupational and Environmental Safety & Health Assist facility/site/program with interpretation and implementation of this Operational Procedure Act as a resource for the Workplace Safety and Health Committee Provide information respecting lost time injuries in the department/facility/site/program to the committee members. 5.0 TRAINING REQUIREMENTS 5.1 The training program must be workplace specific, effective and updated annually or when changes which may affect the procedure are introduced in the workplace. 5.2 Workplace Safety and Health Committee members are required to attend training as per the Training Plan Operational Procedure.

6 5.3 Each member of the committee may take educational leave each year for the number of hours the worker normally works during two normal working days, without loss of pay or other benefits, for the purposes of attending workplace safety and health training seminars, programs or courses of instruction offered by the Workplace Safety and Health Division or approved by the Workplace Safety and Health Committee, or provided in the current collective bargaining agreement respecting the workers at the workplace. 5.4 All training must be documented. Records must be kept as required by the Workplace Safety and Health Act and Regulations. REFERENCES: Government of Manitoba. (2002). The Workplace Safety and Health Act W210. Winnipeg: Queen s Printer. Government of Manitoba. (2006). The Workplace Safety and Health Regulation 217/2006. Winnipeg: Queen s Printer. Government of Manitoba, Workplace Safety and Health Committee Manual Appendix: Committee Minutes Form Department of Labour and Immigration Workplace Safety and Health Division

7 COMMITTEE MINUTE FORM See instructions Phone (204) FAX (204) Complete Name and Address of Workplace PAGE OF Workplace Safety & Health Division 401 York Avenue, Winnipeg, Manitoba R3C 0P8 T F to cominutes@gov.mb.ca Employer Members (list all) Occupation Present Absent Phone: Fax: Which Committee ( if more than one ): Worker Members (list all) Meeting date: Date of next meeting: Number of employees at the workplace: Guests (list any) Date of Origin Concern or Problem (See reverse for completion instructions) Recommendation or Action To Be Taken Action By (who & when) Other Business: Co-Chairpersons Signatures Please indicate by (X) in the brackets below who chaired this meeting. BOTH management and worker co-chairs must sign each page of the minutes when they agree that the minutes are complete and accurate. If one, or both co-chairs do not agree with the minute record, please attach concerns on a separate page. In my opinion, the above is an accurate record of this meeting. ( ) Print name of Employer Co-Chair ( ) Print Name of Worker Co-Chair Signature Signature Within 7 days, copy to: Committee members; Committee files; Workplace Safety and Health; Post on S&H Bulletin Board

8 SAFETY AND HEALTH COMMITTEE MINUTES Workplace Safety & Health Division York Avenue Winnipeg, Manitoba R3C 0P8 T F Home page: Click on Minute Form in PDF format to print and fill in your meeting information outlined below (Instructions for Completion of Minute Forms) for faxing or mailing. If you prefer to your completed minute form, use the Word format and forward to cominutes@gov.mb.ca Phone: ext FAX for Committee Minutes: (204) Your committee must meet four or more times per year. Completed minutes of each meeting of the safety and health committee at your workplace must be faxed, mailed to Workplace Safety and Health Division or ed to cominutes@gov.mb.ca. You can use the Workplace Safety and Health Committee Minute Form or set up your own format containing all the information in our form. The minute form is intended for your use to record briefly and clearly the safety and health concerns at your workplace and steps taken by the committee or others to resolve them. They are designed to provide everyone at your workplace and the Workplace Safety and Health Division with information on your committee's activities and progress to date. If you are unable to resolve an issue yourselves, phone or write your Safety and Health Officer for assistance in finding a solution. If you would like assistance with making your committee more effective, call the Safety and Health Committee Coordinator at or extension Instructions For Completion Of Minute Forms You must complete all information in top boxes: Full Name & Full Address of Workplace - must include Department & Branch, where applicable. Which Committee - needs to be completed only if you have more than one committee at the same address. Number of Employees at the Workplace - the number at the workplace, not the number on the committee. In the first column "Origin" indicate the date an issue is first raised at a safety and health committee meeting. Continue to note this date in future minutes until the committee agrees the issue is resolved. In the second column "Concern or Problem" list the details of items discussed. Draw a line across the page to separate each issue. In the third column "Recommendation or Action Taken" indicate what has been done or the steps being taken or the committee's recommendation as to what should be done to resolve the issue. In the last column "Action By" fill in who will be responsible for carrying out each interim step or action and the date it will be completed or, if the issue is resolved, fill in the date it was resolved. In the bottom section "Other Business" record any points not covered such as upcoming elections or date of next meeting. Both management and worker co-chairs must sign each page of the minutes when they are satisfied that the record is complete and accurate. Please indicate by an (X) in the brackets who chaired that particular meeting. NOTE: If you are ing your minutes then you are only required to provide the names of the two co-chairs. Distribution of copies must be done within one week following the committee meeting: a) Distribute copies to committee members, alternates, and relevant managers. b) Keep one copy at the workplace for a period of at least 10 years from the date of the meeting. c) Send one copy to Workplace Safety and Health Division - by mail to the address above, fax minutes to (204) , to the above address or electronically. d) Post one copy on the safety and health committee bulletin board(s).

9 SETTING AGENDAS: It is recommended that the co-chairs get together to set the agenda for each meeting. This must be posted on the safety and health committee bulletin board prior to each meeting and distributed to committee members at least 3 clear days ahead of the meeting. Following is a generic agenda outline that could be used in creating your own agendas. Review minutes of last meeting. You will need to determine if all issues have been resolved or if actions have been taken as indicated and next steps agreed to and noted. Review issues resolved by individual committee members or supervisors. Review illness, injuries and accidents since last meeting. This could also include a brief review of working procedures, rules and policies related to the illness, injuries or accidents and recommendations for changes to same. Consider new concerns or problems. These may arise out of inspection tours, surveys, investigations by committee or concerns brought to the committee's attention by employees or management. Review of educational material and availability of safety and health training programs. Revised April 2008