Minutes of the 62^nd meeting of the Service-Wide Committee on Occupational Health and Safety held on May 21, 2020

1. Adoption of the agenda
   
   

   The agenda was adopted with the addition of one item – Update from the Occupational Health and Safety Advisory Committee (OHSAC).

2. Presentation: Psychological Health and Safety in the Workplace (Mental Health under Part II of the Canada Labour Code)
   
   

   Douglas Wolfe, Senior Director, Strategic Policy and Legislative reform, Labour Program provided an overview of the Labour Program’s commitment to improve labour protections in the Canada Labour Code. Specifically, by including mental health as a specific element of occupational health and safety and requiring federally regulated employers to take preventative steps to address workplace stress and injury. As such, D. Wolfe indicated that the Labour Program is working towards the development of policy options that would place mental health as a key component of occupational health and safety.
   
   D. Wolfe mentioned that the Labour Program is currently focused on defining and understanding the problem that would be addressed by any new federal approach to psychological health and safety in the workplace as well as identifying possible policy directions. Given that the federal public service already has a mental health strategy in place, D. Wolfe indicated that the Labour Program is looking to apply lessons learned more broadly. As such, it was noted that the Labour Program is seeking input of the SWOHS Committee on challenges related to psychological health and safety in the workplace in general and in light of the COVID-19 pandemic. The Labour Program is also seeking the Committee’s input on what policy changes should be made.

   The Committee was pleased with this initiative and provided input to the Labour Program. J. Ryan indicated that mental health is not promoted enough at the employee level and that accountability and measurability should be addressed. While the presenter indicated that the Labour Program is looking at the data from the Public Service Employee Survey (PSES), F. Murphy mentioned that results from other surveys could also be beneficial such as the Guarding Minds at Work survey and the survey which was conducted within the Department of National Defence.

   A. Peart indicated that mental health must be integrated with other work from the Labour Program and that there is currently no framework to deal with harassment and violence reprisals. The Committee further mentioned that the Labour Program could learn from the approach taken by other provinces as well as the approach taken by Belgium as it may address some of their questions. D. Wolfe indicated that they have been looking at a range of provinces such as Quebec and British Columbia in terms of labour legislation, but they will continue their research based on these recommendations from the Committee. It was also suggested by the Committee that the Labour Program should contact the Ordre des conseillers en ressources humaines agréés du Québec given that it has participated in the development of the changes to the Labour Code of Quebec and could assist the Labour Program in the implementation of their policy changes.

   With regards to the impacts of COVID-19, the Committee noted that the current situation reinforces the fact that psychosocial hazards should be reviewed and that the pandemic may have an impact on the availability of resources.

   Following a question from the Committee, D. Wolfe mentioned that the Labour Program is currently determining what the obligations of the Employer are and that they are examining jurisprudence.

   The Committee further suggested that, once the Labour Program initiative is further advanced, it should present to the National Joint Council at one of its quarterly meetings, to Employers and separate agencies, to the HR Council as well as other stakeholders of the HR community. It was mentioned that these key stakeholders can help the Labour Program with the implementation of its policy.
   
   D. Wolfe concluded by indicating that any other feedback is welcome and that he can be reached directly. F. Murphy suggested that the Committee advisor should provide the Committee with the contact information of Douglas Wolfe in order for the Committee to remain in contact with the Labour Program allowing members to provide further findings or input.

3. COVID- 19 Health Canada interim policy for cleaning products used, handled or stored in workplaces
   
   

   It was mentioned that Health Canada has put in place an interim policy to address potential shortages of cleaning products intended for use, handling or storage in a workplace in Canada during the COVID-19 pandemic. This interim policy is addressing cleaning products regulated under the Hazardous Products Act (HPA), the Hazardous Products Regulations (HPR) and the Hazardous Materials Information Review Act (HMIRA).

   A. Peart indicated that this policy is facilitating importation of cleaning products that do not fully meet all of Health Canada’s labelling and information requirements which means that some products may not have French on their label, for example. As such, the idea would be to have information sheets in French.

   The Committee highlighted the importance that the community of practice is aware of these temporary changes. As such, C. Zovatto committed to ensure that the OHS community is aware of the changes resulting from this interim policy.

4. COVID-19 Pandemic Communiqué for Occupational Health and Safety Guidance for Departments and Agencies
   
   

   As agreed during the ad hoc meeting which was held on April 21, 2020, A. Peart and R. de Bellefeuille drafted a communiqué to provide occupational health and safety guidance for departments and agencies with respect to the COVID-19 pandemic.

   Members of the Committee reiterated the importance of this communiqué. F. Murphy indicated that it is crucial to remind workplace health and safety committees and policy committees that they should remain involved and address relevant questions and issues, especially in the context of COVID-19. D. Toncic noted that the bargaining agents are getting several questions on what the committees need to know, and this communiqué is addressing this issue precisely.
   
   C. Zovatto indicated that OCHRO has been making sure to remind the importance of continuing to engage committees and that they have also been closely in contact with the National Managers’ Community. C. Zovatto further mentioned that, while a lot of effort was made to ensure that committees are meeting regularly, this communiqué is indeed very important given that some committees are not meeting as often as they should.

   As proposed by N. Porteous, the Committee agreed to add the link of Health Canada’s Public Service Occupational Health Program (PSOHP) in the communiqué. The Committee further agreed to approve the communiqué secretarially.

5. Communiqué on the return of employees to their workplace
   
   

   The Committee discussed the possibility of developing a communiqué on the return of employees to their workplace. M. Béland mentioned that, while TBS is currently working on a plan for the return to the workplace, bargaining agents are wondering how employees will commute to work, how to maintain social distancing in elevators, how to ensure that washrooms are clean, etc. A. Peart noted that, while key themes such as mental health are not addressed and the guide is not a cohesive whole, some sections of the document are well thought out. Concerns were raised that the plan may not address all these issues.

   R. de Bellefeuille indicated that these issues will be addressed and that a draft of the guide on the return of employees to their workplace was shared with the presidents of the unions. It was further noted that they are currently looking to receive feedback in order to improve their guide and the process of returning to the workplaces.
   
   C. Fraser noted that, given that every department is different, each department should have a guideline that is adapted to their specific situation. C. Zovatto indicated that there are indeed a variety of workplaces and the approach will not only be adapted based on the workplaces, but also based on the location of the workplaces given that Montreal and Prince Edward Island, for example, have different numbers of COVID-19 cases. C. Zovatto further noted that there will be several workplaces where a significant portion of employees will continue to work remotely.

   Members of the Committee noted that the COVID-19 Pandemic Communiqué for Occupational Health and Safety Guidance for Departments and Agencies discussed at item #4 is a good start to address some of those issues. As such, instead of drafting a second communiqué specifically on the return of employees to their workplace, the Committee agreed to incorporate additional elements in order to reflect the current discussion. These changes will be made secretarially by A. Peart. It was also noted that this does not exclude the possibility of developing a communiqué pertaining to the return of employees to their workplace at a later date.

6.  Update from the Occupational Health and Safety Advisory Committee (OHSAC)
   
   A. Peart and C. Zovatto provided to the Committee an update on the last meeting of the Occupational Health and Safety Advisory Committee (OHSAC). It was mentioned that interesting topics were discussed such as the intended audience of the guidance from the Public Health Agency of Canada, commuting to work, the different type of masks and personal protective equipment (PPE).

7. Update from the Sub-Committees:

   1. Competent Persons
      
      A. Peart indicated that the Competent Persons sub-committee did not meet since the last two SWOHS meetings. However, it was mentioned that the sub-committee completed 2 items on its Work Plan secretarially and both items were to provide feedback to the Employee Assistance Services at Health Canada on various documents pertaining to their initiative of developing a competent person roster. It was further noted that, as these 2 items are now completed, the only item left on the Work Plan of the sub-committee is to support departments and agencies when Bill C-65 will be coming into force.
      
      

      The committee advisor indicated that, while the statement of work and the assessment tool are ready to be sent to departments, TBS is currently updating the OHS Policy Co-chairs list. As such, these documents will be sent, once the distribution list is updated.

      The committee advisor reminded the Committee that, during the January 2020 meeting, he was tasked to schedule a meeting with the key stakeholders with regards to the process to be followed by departments for using the various rosters for workplace violence investigations. The committee advisor mentioned that he has been in contact with TBS since February 2020 to organize that meeting. However, with the current situation with regards to COVID-19, the meeting has not taken place yet.

   2. OHS Training/Learning Sub-Committee
      
      

      F. Murphy indicated that the quality control process of the OHS training modules is still not completed given that it is currently on pause due to the COVID-19 pandemic.
      
      F. Murphy also noted that, as mentioned at the last meeting in March, the Canada School of Public Service (CSPS) and TBS were supposed to present at this meeting their request for a potential project regarding the development of training materials for the upcoming Workplace Harassment and Violence Prevention Regulations. However, with the current situation regarding the COVID-19 pandemic, they are not yet able to present their initiative.

      R. de Bellefeuille indicated that she asked the CSPS to look at the training material in order to determine if they can provide assistance with respect to the implementation of the training modules developed by the Committee and explore the possibility of making the training available on the School’s platform.

   3. Legalization of Cannabis
      
      The committee advisor mentioned that, given the COVID-19 pandemic, the sub-committee meeting which was scheduled on March 31, 2020, was cancelled. As such, a new meeting will be scheduled, once the sub-committee members are available.

   4. Guarding Minds at Work Survey (GM@W)
      
      The committee advisor reminded the Committee that a new version of the Guarding Minds at Work survey was supposed to be released in March 2020. It was further mentioned that, while presenters from Guarding Minds are expected to present to the Committee this new version of the survey, it has not been released yet. As such, the committee advisor indicated that he is in contact with Guarding Minds at Work and the objective is still to schedule a presentation as soon as possible, once the survey is available.
8. Standing Items
   1. Asbestos
      
      Nil report.
      
      
   2. Legionella
      
      

      The Committee advisor mentioned that, as agreed at the last meeting, the communiqué was recirculated to OHS policy co-chairs.

      C. Truax indicated that PSPC is trying to have more test results with respect to legionella and to share these results.
9. Round table
   
   

   Given the COVID-19 pandemic, the Committee agreed to hold an ad hoc meeting in June 2020. As such, the Committee advisor will seek the members’ availability in June and schedule a meeting.

10. Next Meeting
    
    The next meeting is scheduled on July 16, 2020.

Adjournment

The meeting was adjourned at 11:45 a.m.