July 27, 2020
- Adoption of the agenda
The agenda was adopted. - Presentation: Applying to become a Workplace Harassment and Violence Prevention Investigator
Hillary Flett, Director, Workplace Directorate, Labour Program provided an overview of the application process, launched on January 13, 2020, for Workplace Harassment and Violence Prevention Investigators.
H. Flett noted that last Spring, the Labour Program established two working groups. The first working group was tasked with the development of a roster of Workplace Harassment and Violence Prevention Investigators while the second working group was responsible for developing guidelines, policies and procedures.
H. Flett noted that both working groups were formed of twelve (12) representatives from both the Employer side and the Bargaining Agent side. As such, all work accomplished by the working groups was done jointly and the working groups only moved forward when consensus was reached. H. Flett further noted that the working groups benefitted from a variety of experienced representatives coming from the public sector as well as the private sector.
To date, the first working group has launched the application process for the roster and Bargaining Agent and Employer pairs have been assigned to review the applications once the deadline for submission has passed. H. Flett indicated that applicants will not only be screened based on experience, but will need to complete a written exam to demonstrate their writing skills and competence with respect to root cause analysis. Reference checks will also be conducted.
H. Flett walked the Committee through the application process in order to demonstrate what information must be submitted by applicants. The first part of the application process is the candidate’s personal information. Applicants are then required to demonstrate their experience by describing five specific investigations which they have conducted. Applicants must also answer a scenario which assesses their knowledge with respect to the methodology of an investigation as well as their writing skills. In their written application, they will also have to demonstrate their knowledge of the key sections of an investigation report and the relevant training they have completed. With the intent to seek a diverse population of investigators both regionally and linguistically, given that various languages are spoken in federally regulated workplaces across Canada, applicants will have to indicate which languages they are able to speak. Lastly, they will have to indicate every area related to workplace harassment and violence prevention investigations in which they have knowledge and experience as well as providing references.
H. Flett elaborated on the reference check process in that the referees must sign a consent form given that their agreement to act as a referee effectively identifies an organization where workplace issues resulted in an investigation. Committee members raised the possibility that certain organizations may be bound by confidentiality provisions limiting the release of whether an investigation has taken place. H. Flett noted that she would look into this as it would have an impact on the process.
H. Flett explained that criteria were developed in order to assess whether or not the information provided by applicants is sufficient enough to demonstrate that they meet the requirements. It was also indicated that representatives from both the Employer Side and the Bargaining Agent Side will assess whether applicants meet these requirements.
The Committee was pleased to receive this presentation and had several questions for the presenter. One member asked whether experience and knowledge in human rights are mandatory. H. Flett confirmed that is it mandatory, but noted that it can be knowledge and experience with regards to provincial human rights law. The Committee also sought clarification with regards to the use of the National Master Standing Offer (NMSO). H. Flett referred to an email from Public Services and Procurement Canada (PSPC) indicating that the roster of the Labour Program is being established by Employment and Social Development Canada (ESDC) and is independent of the NMSO. Departments within the Government of Canada will continue to use the NMSO as long as the parties agree on an investigator. In the event that they cannot agree on an investigator, the Labour Program will then assign them an investigator from the roster.
The Committee discussed how concerns around the competency of an individual on the roster would be addressed. H. Flett noted that the working group has developed a ranking for concerns and in certain situations, the concerns will be addressed with guidance whereas in other cases, the investigators could be removed from the roster. The Committee then raised a follow-up question with respect to the possibility of sharing information on the poor performance of investigators on different lists and privacy issues related to this. It was recognized by the presenter and the members that it would be important look deeper into this to know if it would be possible to take the knowledge of one roster and use it for another roster. The Committee also sought confirmation as to whether the roster will contain the names of people or the names of companies. H. Flett indicated that the list will only contain names of individual people.
Finally, following a question from the Committee, H. Flett noted that the goal is to have 200 investigators on the Labour Program roster. Depending on the number of applications received, the application deadline may be extended beyond March 13, 2020. - TBS Update on the proposed directive on the prevention and resolution of workplace harassment and violence
A. Gagnon thanked members of the Committee for their feedback on the proposed directive on the prevention and resolution of workplace harassment and violence as well as the policy template. She also indicated that, once the new regulations will be finalized, TBS will review the directive and policy template, address the comments received and present a revised directive and template to the SWOHS. A. Gagnon also noted that as suggested by the Bargaining Agent Side of the SWOHS, she will reach out to the Joint Employment Equity Committee for feedback. - Update from the Sub-Committees:
- Competent Persons
C. Seeton indicated the sub-committee reviewed the feedback received from the SWOHS with regards to the Statement of Work and the Competent Person Qualification Assessment Tool for Work Place Violence Investigations. The sub-committee circulated final versions of both documents and is seeking the approval of the SWOHS Committee for the roll-out of these documents to Departments. The Committee approved those two documents.
C. Seeton also tabled an updated sub-committee work plan for the upcoming year. It was noted that the sub-committee accomplished a significant amount of work in 2019. In 2020, the focus of the sub-committee will be in supporting the Employee Assistance Services (EAS) at Health Canada with respect to the assessment and implementation of quality assurance and their roster application package.
N. Porteous expressed her concerns as to whether Departments must use the NMSO before using another roster such as the rosters which will be developed by EAS and the Labour Program. N. Porteous indicated that it is essential to make it clear in order to avoid confusion at Departmental level. As such, it was requested that members of the SWOHS engage in discussions with respect to the process to be followed by Departments for using the various rosters for work place violence investigations. The Committee agreed to move this forward as an action item.
F. Murphy noted that investigators on the roster of the Labour program should have the opportunity to be on the NMSO. A. Gagnon indicated that, normally, the NMSO is in effect for a 5 year period. Given that the NMSO was re-opened in 2018, a decision will have to be made with respect to waiting 3 years to re-open it or whether to do so when the new Regulations are released. - OHS Training/Learning Sub-Committee
The sub-committee on OHS training/learning presented the final versions of the OHS training modules to the full SWOHS Committee. The SWOHS Committee approved the training curriculum. It is to be noted that the French version will be sent to Quality Control for a review of the translation. Once the translation has been reviewed, the training modules will be sent to OHS policy co-chairs.
R. de Bellefeuille noted that she presented the OHS training curriculum to the Executive Committee on behalf of the SWOHS Committee and this initiative was well received. The Executive Committee suggested that the SWOHS Committee reach out to the Canada School of Public Service (CSPS) to have this training available on their platform. It was also noted that the training will be available on the website of the National Joint Council. Furthermore, members of the Executive Committee indicated that they could contribute to making this training mandatory. The Executive Committee further suggested that various professional orders/associations could be approached to explore whether the training may qualify towards professional certification hours. This would result in the number of hours required to complete the training to be put towards the hours required to maintain one’s license. The Employment Conditions and Labour Relations at the Office of the Chief Human Resources Officer (OCHRO) volunteered to contact professional orders/associations.
Following the proposal of the Executive Committee, the SWOHS Committee noted that it would be important that this OHS training curriculum be mandatory for OHS representatives in Departments. By training human resource representatives, these representatives could then train employees. R. de Bellefeuille mentioned that she will contact the Canada School of Public Service to see if the training could be available on their platform and if it would be feasible for the CSPS to be involved in the delivery of the training. The Committee also expressed its desire to make this training mandatory for managers.
E. Thibault highlighted the fact that some employees which do not have office space, such as correctional officers, are sometimes required to undertake training on their own time. C. Fraser indicated that if the intent is to make this training mandatory, the SWOHS Committee would need to indicate it clearly to Departments.
R. de Bellefeuille suggested that the training be presented to HR Council. Members highlighted the importance of presenting this OHS training curriculum as a jointly developed program. The Committee concluded the discussion by addressing the issue of updating the training material. It was agreed that the SWOHS Committee should review the training every three (3) years and update as necessary. - Legalization of Cannabis
It was mentioned that the sub-committee’s first meeting is scheduled for January 28, 2020. As such, a more fulsome update will be provided at the Committee’s next meeting.
- Competent Persons
- Standing Items
- Asbestos
Nil report. - Legionella
Nil Report.
- Asbestos
- Round table
Nil report. - Next Meeting
The next meeting is scheduled on March 19, 2020
Adjournment
The meeting was adjourned at 11:20 a.m.