October 23, 2019
- Adoption of the agenda
The agenda was adopted with the addition of item #10 National Building Codes. - Presentation - Canada School of the Public Service - OHS Curriculum and Next Steps
S. Bélanger, Assistant Director and L. Landriault, Leaning Specialist, Canada School of the Public Service (CSPS) provided a presentation on the Occupational Health and Safety (OHS) Learning Curriculum at the CSPS. While it was acknowledged that some gaps exist, the OHS curriculum at the CSPS has evolved significantly since 2014. In 2014, there was only one OHS program available online. Between 2015 and 2016, the School had a Memorandum of Understanding with the Canadian Centre for Occupational Health and Safety (CCOHS), which allowed it to offer clients eight online courses free of charge. However, this partnership ended in September of 2016, as it was decided that the CCOHS was best positioned to support federal departments and agencies in meeting their OHS responsibilities.
Today, in order to meet its mandate, the CSPS has:- Purchased CCOHS online courses related to Part II of the Canada Labour Code, Violence in the Workplace and Mental Health;
- Integrated OHS content in the mandatory Authority Delegation Training and Public Service Orientation Training; and
- Organized enterprise-wide events, sessions, power chats and radio shows (e.g. fentanyl, competent persons webcast, mental health…etc.).
The CSPS is committed to enhancing its OHS curriculum and will participate in on-going collaboration with key stakeholders on the matter. In addition to this, preliminary discussions have taken place regarding striking an OHS Training sub-committee for the purposes of enhancing a common OHS curriculum.
The Committee asked questions about the process behind the development of the CSPS’ current OHS curriculum and whether joint consultation was done prior to its implementation. It was indicated that the CCOHS courses are jointly developed with employee organizations; however, each department/agency is responsible for meeting their requirements under the Code. A Committee member acknowledged the value and reach online courses can provide; however, emphasized the need to also provide in-class workplace specific training.
Regarding the possibility of striking an OHS Training sub-committee to enhance a common curriculum, there was overwhelming support by the Committee that this be done and that SWOHS be involved in the consultations and provide its approval prior to implementing any sort of revised curriculum. Although concerns were raised about the resources and capacity of the CSPS, Committee members were reminded that many organizations are financing this type of training and as the Service Wide Committee on Occupational Health and Safety; there is a need to bring all these initiatives together. The Committee has suggested for some time that one central provider for OHS training would be ideal and a model such as this could easily be sustained on a cost-recovery basis. - Presentation - Joint Learning Program (JLP) - Occupational Health and Safety Joint Study
Following up on their presentation to the Committee in November, R. Lépine, Co-Director, and Tom Ranking, Consultant, Joint Learning Program (JLP) provided an update on their joint study, which sought to identify the learning needs for health and safety committees in the Federal Public Service. The presenters provided an overview of their study, their approach and their guiding principles which from among other things, stresses the value of joint collaboration and participation. After meeting with various stakeholders from both employer and employee organizations, there was an overall consensus that the current training being offered to OHS Committee members was ineffective and that many struggled with the basic functions of a committee. The study also found that a key challenge facing OHS Committees is the ability to identify and mitigate psychological hazards and workplace mental health. In developing a common training program, there was widespread agreement that training be face-to-face and that the target audience would be members of Policy and Workplace Committees. The learning needs study is still ongoing and will be an integral step in developing a common training program that will instill the knowledge, skills, attitudes and expertise necessary for Policy and Workplace Committees members to effectively carry out their roles and responsibilities regardless of department size, mandate or working environment.
Over the next couple months, the JLP will continue its needs assessment study with a goal of producing its final report by the end of September. Committee members were encouraged to reach out to those who may be interested in contributing to the study as meetings and working groups have been scheduled over the coming months. A number of forums were suggested to the presenters as avenues for outreach.
The Committee was very optimistic about the contribution this study will have on advancing the OHS training agenda and suggested that there would be great value in connecting the JLP with the OHS Training sub-committee suggested previously by the CSPS. C. Ormsby committed to connecting the two organizations and will assist in the creation of this joint OHS training sub-committee. A. Peart and B. Christianson both volunteered to be members on the Committee. - Labour Program - Legalization of Cannabis and Workplace Impairment
B. Baxter, Director General, Workplace Directorate and B. Moran, Director General, Strategic Policy, Analysis and Workplace Information, Labour Program, Employment and Social Development Canada (ESDC), provided a presentation on workplace impairment and how the upcoming legalization of cannabis will impact the current regime. Responding and preventing workplace impairment continues to be a challenge for many employers, as signs of impairment can be difficult to recognize and the causes for impairment are numerous (e.g. substance, fatigue, medical conditions..etc.). Employers and employees can help address workplace impairment by meeting their responsibilities under Part II of the Canada Labour Code (CLC) and the Canada Occupational Health and Safety Regulations (COHSR).
In support of the Government’s commitment to legalize and regulate cannabis, in December 2016, the Government Task Force on Cannabis Legalization and Regulation released its report which recognized that drug and alcohol impairment in the workplace, particularly in “safety-sensitive” industries, increases the risks of hazards, injuries and death. In April 2017, with the introduction of Bill C-45 (Cannabis Act) and Bill C-46 (Drug Impaired Driving), some stakeholders have called upon the Government to introduce a legal framework for workplace drug and alcohol testing. Currently, aside from the Canadian Forces, there are no provisions in federal labour and employment legislation addressing drug or alcohol testing in the workplace. Testing in federally regulated workplaces is governed by decisions from labour arbitrators, human rights tribunals and the courts. The jurisprudence has recognized the need to assess matters on a case-by-case basis with a goal to balancing two key principles: preserving individual’s human and privacy rights; and ensuring safety for employees and the public. It has been found that drug and/or alcohol testing in “safety-sensitive” positions is permissible under certain conditions; however, random testing is more difficult to justify.
The Labour Program is currently collaborating and engaging with numerous stakeholders (Provincial and Federal) to better understand and define the scope of workplace impairment issues in Canada and the potential impacts of cannabis legalization. In addition to this, the Labour Program will seek to explore the appropriate mix of tools in addressing workplace impairment and the risks it poses to workplace health and safety while protecting workers’ rights. As progress is made, it is expected that the Canadian Centre for Occupational Health and Safety will play a big role in sharing information as they have much broader outreach capabilities. The Committee was reminded that the Labour Program does not currently have a mandate to make any legislative changes and is only exploring the issue of workplace impairment as the legalization of cannabis comes to fruition.
The Committee asked if a definition for impairment has or will be developed. It was indicated that a static definition for impairment would be difficult to develop as impairment can take many different forms (e.g. substances, fatigue, medical conditions…etc.), can vary from person to person (metabolism rates) and can be caused by actions as well as inaction (e.g. not taking medication). A Committee member commented that workplace impairment policies have always existed and their importance will not change as a result of the legalization of cannabis. While prevention is important, education and communication to employees about the rules and expectations is equally as important as these matters evolve. The Committee asked that the presenters return later in the year to provide an update on their work. - Update from the Sub-Committee on Competent Persons
The sub-committee on competent persons has been meeting regularly and significant progress has already been made. Recently, the sub-committee invited a speaker from the CHRC to come in and provide some feedback from a diversity point of view. The sub-committee is also working on developing a joint list of vetted investigators which could assist departments/agencies in the competent person selection process. - Competent Persons Selection Process Survey
The sub-committee recently developed a survey which will be sent to OHS Policy Co-Chairs for the purposes of gauging knowledge, identify gaps and to assist in the development of guidance tools catered to the areas where departments are struggling. The draft survey was provided to the Committee for their comments and/or approval. - Guarding Minds at Work Survey (GM@W)
Further to the Committee’s request, the SWOHS/JEEC sub-committee has been reformed to compare the 2012 version of GM@W, the version modified by the sub-committee last year and the 2018 version recently released. Once the review is complete and the survey has received the appropriate approvals to deploy, the Committee will be seeking departmental interest to administer the survey as a pilot. - Bill C-65 (standing item)
Following a series of meetings and consultations with the Labour Program on Bill C-65, the Committee agreed that the Bill should continue to be monitored and remain a standing item on the agenda until stated otherwise. The Committee members who have participated in these consultations agreed that the concerns seem universal and updates on the Bill’s regulatory development should be sought on a regular basis. - Asbestos
N/A - Legionella
The Committee recently received a presentation from Public Services and Procurement Canada on their legionella testing standards. As agreed to at the last meeting, the Committee will develop a communiqué on the issue, similar to the one issued last year on asbestos. One member from each side volunteered to draft the communiqué for the Committee’s review. - National Building Codes
A Committee member had suggested, as part of the Committees role and mandate, members should be given access to the National Building Codes which are only available for purchase through the National Research Council. The Committee agreed to pursue this and will explore its options. - Round table
N/A - Next Meeting:
- July 19, 2018
Adjournment
The meeting was adjourned at 11:57 a.m.