Minutes of the 54th meeting of the Service Wide Committee on Occupational Health and safety held on January 17, 2019

1. Adoption of the agenda
   
   The agenda was adopted.
2. Presentation: Update on Bill C-65 update (Hilary Flett, Director, Workplace Directorate, Labour Program)
   
   H. Flett provided an update on the regulatory developments related to Bill C-65 and emphasized that the numerous consultations held with stakeholders over the last year significantly influenced the current draft of the Regulations. It was indicated that June 2019 was the anticipated date for publishing in the Canada Gazette. In preparation for its implementation, the Labour Program is currently in the process of developing:
   • Interpretation, Policy and Guideline documents (IPG);
   • Statements of Work
   • A joint roster of competent investigators, which would be available to all federally regulated workplaces; and
   • Internal tools for investigators.
   
   It was indicated that consultation with the Occupational Health and Safety Advisory Committee (OHSAC) will be an integral part of developing the above-mentioned items.
   
   The Committee recognized that many federally regulated workplaces will benefit from a joint roster of qualified investigators as it will reduce delays in the process; however, for the Federal Public Service, utilization of the list will continue to be subject to the Government’s procurement process. In order to reduce procurement delays, it was suggested that departments could develop a standing list of qualified investigators at the outset and issue a call-up when necessary. While this would alleviate some administrative burdens, it was noted that the parties must still agree on the competent person, who may or may not be on the standing list.
   
   Throughout the consultations, there was overwhelming agreement that the competent person should not be responsible for recommending discipline, but rather, focus on uncovering systemic issues in the workplace and resolving future occurrences.  While it was confirmed that the competent person will not be responsible for recommending discipline, it was indicated that work still needs to be done in this area, as having a separate disciplinary investigation can be stressful for individuals.
   
   Regarding the issue of privacy and confidentiality, it was explained that the Federal Public Service faces unique challenges as they must balance due process, the Privacy Act and Access to Information requests. Given that investigation reports are redacted to varying degrees depending on the recipient (i.e. the parties, the employer, OHS Committees…etc.), it was suggested that guidance materials be developed to assist in disseminating the essential elements of a report. It was agreed that OHS committees require enough information to address the root cause of any incident and to prevent future occurrences.
   
   An outstanding concern for the Committee remains the distinction between submission of a complaint versus being aware. The Committee thanked the presenter for providing this update and is looking forward to the next update.
3. Joint Learning Program (JLP) – Occupational Health and Safety Joint Study – Update (Roxanne Lépine and Catherine Gilbert, Co-Directors, Joint Learning Program)
   
   R. Lépine and C. Gilbert provided the Committee with an update on the JLP’s Occupational Health and Safety Joint Study. Following a series of joint consultations with Expert Working Groups and Co-Chair Focus Groups, the JLP’s needs assessment study revealed OHS Committee learning needs could be broken down into 4 categories:
   • Legislative Framework;
   • Roles and Responsibilities;
   • Hazard Prevention Program; and
   • Running Effective Meetings.
   
   To validate their assessment, a survey was developed and sent to members of Policy and Work Place Committees as well as OHS representatives. Following receipt of 112 responses, these needs were confirmed. It was interesting to note that respondents felt the learning needs of current OHS committee members mirrored those of new committee members. Training areas of the highest importance included:
   • Recent amendments to the CLC on harassment, violence and mental health;
   • Legal obligations of employers;
   • Roles of committees; and
   • Applying the identification and assessment process to psychological risks and risk factors related to violence in the workplace.
   
   The findings have assisted in preparing a proposal for a common and comprehensive training program for members of Policy and Workplace Committees. The training would include a two day face-to-face session preferably taught by individuals experienced in OHS, adult learning and promoting union-management collaboration. Participants would also have access to practical tools, forms and reference materials during and after the training. It was emphasized that this training, in and of itself, would not fulfill employer obligations related to OHS training and that complementary training would be required. The JLP is working towards providing a final report in March and will seek funding to run a pilot through the next round of collective bargaining.
   
   In response to questions about how effectiveness and performance of the training would be measured, it was indicated that participants would evaluate the training immediately after and then explain at the 1-month and 6-month mark whether the training has assisted them in their work as an OHS committee member. To increase its effectiveness, it was explained that training would be predominantly face-to-face and utilize a variety of techniques such as role plays and situational based problems.
   
   In order to maximize participation, it was suggested that training be promoted as a joint venture and that benefits beyond meeting Code requirements be explained to potential candidates.
   
   The Committee discussed and highlighted the importance of having any proposed training model reviewed through an employment equity (EE) lens. It was indicated that an EE expert was consulted and the JLP will have discussions with the NJC Joint Employment Equity Committee (JEEC) prior to presenting its final report.
4. Brainstorming of TB Directive Requirements – Prevention and Resolution of Workplace Harassment and Violence (Annie Gagnon, Senior Policy Analyst, and Stuart Wright, Senior Analyst, OCHRO)
   
   S. Wright and A. Gagnon approached the Committee to discuss development of a TB directive on Prevention and Resolution of Workplace Harassment and Violence given the anticipated Regulations coming into force following Bill C-65. Although the Regulations will apply to all federally regulated work places, this directive would be specific to the Public Service and assist deputy heads in meeting their obligations. The Committee was asked to provide feedback and suggestions on what common elements should form part of this new directive.
   
   Among the feedback it was suggested that:
   • Clarification be provided about the different avenues of recourse;
   • Early and informal resolutions should be emphasized;
   • Processes and roles should be explained, particularly the involvement of the OHS Committees;
   • Requirements under the Regulations be reiterated;
   • The right to have somebody accompany an individual throughout the process should be highlighted;
   • Emphasis be placed on Part XIX HPP and psychological hazard prevention; and
   • The directive be prescriptive.
   
   It was agreed that a draft of the directive would be prepared and provided to the Committee for further review. In the meantime, members were encouraged to contact the presenters should they have additional comments.
5. Process for Policy Co-Chairs to Refer a Matter to SWOHS
   
   The Committee Advisor provided an update on the CBSA referral regarding the use of nametags which was discussed at the last meeting. Between meetings, information was received indicating that the referral was not jointly submitted by the Policy Co-Chairs. As such, the Committee will not pronounce on the issue. A procedure was outlined for the triaging of all future referrals.
6. Update from the Sub-Committees:
   1. Competent Persons
      
      C. Seeton provided an update on the work of the sub-committee. The previous SWOHS FAQ on Work Place Violence Investigations and Appointing a Competent Person was reviewed and minor adjustments have been proposed. The sub-committee also drafted an email to accompany the NMSO communiqué, as well as explain some of the Committee’s priorities as it relates to the competent person selection process. Both items were tabled at the meeting and the Committee was asked to provide their comments and/or approval secretarially.
      
      The sub-committee is currently working on a number of tools/resources and will present its 2019 Work Plan to the Committee at the next meeting. In developing these tools, it was noted that the sub-committee remains cognizant of the upcoming changes as a result of Bill C-65.
      
      
   2. Guarding Minds at Work Survey (GM@W)
      
      This update was deferred until the next meeting.
      
      
   3. OHS Training/Learning Sub-Committee: deferred
      
      This update was deferred until the next meeting.
7. Standing Items:
   1. Bill C-65
      
      Discussed as part of the presentation on Bill C-65.
      
      
   2. Asbestos
      
      N/A
      
      
   3. Legionella
      
      N/A
8. Round table
   
   N/A
9. Next Meeting
   
   • March 26, 2019

Adjournment

The meeting was adjourned at 12:00 p.m.