February 2, 2022
Communiqué
Occupational Health and Safety Directive, Uniforms Directive and First Aid to the General Public – Allowance for Employees
March 1, 2022
The National Joint Council (NJC) is pleased to announce that the consultations led by the Occupational Health and Safety Committee have resulted in new versions of the Occupational Health and Safety Directive, Uniforms Directive and First Aid to the General Public – Allowance for Employees. The Committee is composed of representatives from the Federal Public Service Bargaining Agents, the Treasury Board Secretariat and departments/agencies.
The provisions of the Occupational Health and Safety Directive, Uniforms Directive and First Aid to the General Public – Allowance for Employees form part of the collective agreements of the participating parties under the By-Laws of the National Joint Council.
The Executive Committee wishes to thank all members of the Occupational Health and Safety Committee for their effort and commitment in this important review.
Implementation Date
The new versions of the Occupational Health and Safety Directive, Uniforms Directive and First Aid to the General Public – Allowance for Employees are effective March 1, 2022.
Information
The full text of the Directive is available on the NJC website: https://www.njc-cnm.gc.ca/directive/d7/v282/en
Highlights of the changes are presented below.
Questions and Answers are available in the "Communiqués" section of the NJC website: https://www.njc-cnm.gc.ca/communique/id/842/en.
It is important to note that many changes were made throughout the Directive to provide greater clarity regarding occupational health and safety requirements and enhance usability of the Directive for employees and administrators. It should also be noted that the Directive‘s numbering system and format was restructured to align with the common look and feel of other NJC Directives.
Enquiries
Employees should address any questions to their Designated Departmental Coordinators (https://www.njc-cnm.gc.ca/s76/en) or their bargaining agent.
Highlights of Changes
Throughout the Occupational Health and Safety Directive
-
Each scope has been reviewed and updated to ensure the website links and references are relevant.
-
Section VI – Lighting, which only stated that no NJC OHS Directive or Standards correspond with the COSHR, was removed from the Directive. Every section has been renumbered to account for this removed section.
-
All appendices were removed from the body of the Directive and placed at the end and renumbered according to their order.
Definitions
- Outdated and inconsistent definitions were removed (i.e. confined space ship repair, maximum carrying capacity, ventilation equipment).
- Health and safety committee/representative – this header was added which encompasses definitions for a health and safety representative, policy committee, regional health and safety committees, and workplace committee. This ensures that all these definitions remain in the same section for ease of reference.
Part II – Permanent Structures and Safe Occupancy of the Workplace (Use and Occupancy of Buildings)
2.1 – Workplace Occupancy
- This title was renamed to “Workplace Ergonomics”.
- This subsection has been expanded to include provisions surrounding the Employer’s responsibility to consult with the appropriate committee in the planning of the implementation and in the implementation of changes as it relates to workplace ergonomics, including the provision of space allocation, particularly when new or renovated office occupancy is planned.
- Ergonomic assessments must be completed by a qualified person, who shall also be involved in design and redesign of work systems and shall be provided in a timely manner.
2.2 – Environmental Conditions for Office Space
- The amount of time both daily and annually that occupancy shall not exceed between 17oC and 20oC and above 26oC was adjusted.
- This subsection was expanded to include temperature ranges that represent significant discomfort, great discomfort, that are dangerous, and where heat stroke is imminent.
- A new subsection was added to note that the Employer shall consult with the appropriate committee or representative if the dry bulb temperature reference falls outside the acceptable range.
Part IV – Elevating Devices
4.2 – Inspection, Maintenance and Testing
- This subsection expands to include that there must be specific procedures for occupants trapped in an elevator and emergency procedures must be posted in each elevating device.
- The Committee notes that compliance is weaker as a result of a shortage of technicians and believes that this additional wording provides greater clarity.
Part V – Boilers and Pressure Vessels
Throughout this section, reference to monitoring systems was added. Subsections “Records of Inspection” and “Halon Systems” were reordered.
5.1 – General
- Section was added to include language that every operating authority or owner of boilers, pressure vessels, piping systems and monitoring systems shall ensure they are maintained in safe working condition and operated safely. Language was included that all these systems require a safe operating certificate, updated every year, with full inspection and carbon monoxide reading before and after clearly displayed.
Part VI – Noise Control (Levels of Sound)
The previous Part VI – Lighting was deleted. Therefore, all parts were renumbered.
Part VII – Electrical Safety
The scope includes reference to the National Electric Code that Employers shall be compliant with.
7.3 – Consent to Work on High-voltage Electrical Equipment
- Language was removed to align with the Canadian Electric Code which indicates that no one should ever enter any part of an electrical vault or station in which live high-voltage electrical equipment is installed alone.
7.10 – Conductive Equipment
- Language was included to indicate that electrically conductive equipment shall not be used within three metres of live power sources or electrical equipment where such conductive equipment may become live.
Part VIII - Sanitation
8.1 – General Responsibilities
- Subsections were rewritten for greater clarity.
8.3 – Toilet Facilities, Plumbing and Sanitation
- Language was included to encourage departments to provide at least one gender inclusive washroom in each building with the goal to provide multiple gender inclusive stalls.
8.7 – Field Accommodation
- Language was added to ensure, where reasonably practicable, that shower facilities be available for employees requiring field accommodation.
Part X – Hazardous Substances
10.5 – Asbestos Management
- Language was added to note that the Employer shall comply with all regulations and appropriate standards with respect to asbestos containing materials (ACM) in government owned or leased buildings and facilities. Any policy and code of practice shall be established in response to the requirement for a comprehensive approach to asbestos management and in consultation with the appropriate health and safety committee. This is to ensure that the responsibilities of the department or agency are fully addressed.
Part XII - Personal and Protective Equipment and Clothing
12.1 – General Responsibilities of Departments
- A new clause was added to indicate the Employer’s responsibility to provide PPE, clothing, and footwear free of charge to employees and to replace them free of charge when needed.
12.8 – Protective Footwear and Leg Protection
- This subsection is now combined with previous sections 12.9 and 12.10 and subsection 12.11.3.
Appendix A – Employment Hazards
- This appendix was moved to the end of the Directive and renamed “Considerations for Hazard Prevention Programs”.
- Examples of psychological hazards were added, including but not limited to: bullying, harassment, second-hand trauma and stress.
Part XIV – Materials Handling
14.9 – Manual Handling
- A new subsection was included to outline the Employers’ responsibility to provide an employee with training, instructions, and safe work procedures if employees must lift objects in excess of 5 kg.
Part XV – Motor Vehicle Operations
15.2 – Safe Operation of Motor Vehicles
- Language was amended to note that all vehicles will be fitted for winter tires and other weather-related accessories according to a schedule established by the appropriate health and safety committee and/or policy committee and will comply with any jurisdictional requirements.
- New subsection was added to note that all vehicles used for or potentially used for law enforcement capacity, shall be equipped with appropriate emergency lighting, sirens, and PA system to ensure the safety of the driver and the general public. This is to ensure that implementation is consistent between departments.
Previous 16.4 – Medical Examinations was deleted as it is already covered in existing authorities.
Part XVII – First Aid
17.3 – First-aid Attendants
- Subsection was added to note that first aid training should be available during regular working hours.
- Subsection was reworded to clarify the number of attendants required depending on the number of employees.
- Subsection was added to note that first-aid attendants shall be granted adequate time and compensation to properly attend to injured employees.
- Subsection was added to ensure that employees are not liable for any action or omission made in good faith when said employee is providing first-aid assistance.
17.4 – Automated External Defibrillators
- New section was added to note that each Employer, in consultation with the appropriate health and safety committee, should assess their requirement for an Automated External Defibrillators (AED) program. The Committee suggests that the Service-Wide Committee on Occupational Health and Safety (SWOHS) develop a guidance tool to expand on this.
17.5 – Specialized First-aid Training
- Language was added to clarify that the qualified person chosen to be consulted about specialized first-aid training and/or equipment shall be selected with the participation of the workplace committee or health and safety representative.
Part XVIII – Refusal to Work
General – 18.1
- Language was aligned with the Canada Labour Code and the redress procedure for the refusal to work.
Part XIX – Occupational Health and Safety Committees and Representatives
Previous section 20.1 was removed as there was no enhancement to the Canada Labour Code.
19.4 – Quorum
- A new subsection was added to address that the Employer is responsible for covering any authorized expenses incurred by employee members of the committee due to their attendance at committee meetings and that employees will not be financially responsible for travel and accommodation costs incurred to attend policy committee meetings.
- This is aligned with the Labour Program’s Interpretations, Policies and Guidelines (IPG) on Health and Safety Committee meetings – Payment of wages and alternative means of holding meetings.
19.8 – Meetings
- New subsection was added to note that the Employer shall be responsible for authorized expenses incurred by employee members of the committee due to attendance at committee meetings and that employees will not be financially responsible for travel and accommodation costs incurred to attend workplace or policy committee meetings.
19.9 – Minutes
- The number of years that policy committee minutes shall be kept increased from two (2) to ten (10) years in order to be consistent with other sections of the Code and with the Workplace Harassment and Violence Prevention Regulations.
19.10 – Regional Health and Safety Committees
- The word “policy” was removed from the title of this section.
19.18 – Training
- Language was added to expand what is satisfactory for training of new and existing committee members. The Employer, in consultation with the appropriate committee, shall develop and implement a mandatory training program or enroll in a jointly approved training program. The training shall also be delivered without delay but no longer than 90 days following appointment.
- Required training now includes 1) how to conduct a hazard assessment in accordance with the Employer’s Hazard Prevention Programs that comprises physical and psychological hazards; and 2) hazardous occurrence investigation (including root cause analysis).
- A new subsection was added to note that effective refresher training will be provided to committee members every two (2) years.
- A new subsection was added to require training records be tabled at the national policy committee once a year and that these records be retained for five (5) years.
Uniforms Directive
1.1 – Responsibilities
- The responsibilities of the department were expanded to include parameters as to how consultations shall occur in the absence of a specific joint committee on uniforms and to consider the fit, cleaning, tailoring, material used etc. of clothing and maternity clothing.
3.1 – Selection
- Language was added to clarify that the Employer must ensure payment of the cleaning cost if they require employees to have, wear, and maintain dress uniforms that can only be dry cleaned.
4 – Identification
- Language was added to reflect the new requirement under the Workplace Harassment and Violence Prevention Regulations to use alternate forms of identification if using full names or surnames present as a workplace violence hazard to an employee.
First Aid to the General Public – Allowance for Employees Definitions
- A definition for general public was added.