Minutes of the 66^th meeting of the Service-Wide Committee on Occupational Health and Safety held on January 21, 2021

1. Adoption of Agenda
   
   The agenda was adopted.
2. Update on Training for the new Regulation
   
   Guy Filteau, Health and Safety Senior Advisor, Outreach & Engagement, Learning, Respectful and Inclusive Workplaces, Learning Program Branch, Canada School of Public Service (CSPS) provided an update on the three (3) training modules that are being hosted on the CSPS Learning Portal in relation to the Work Place Harassment and Violence Prevention Regulations (WPHVPR).
   
   It was noted that the three (3) modules are destined for different audiences, the first being for all employees, the second for managers, OHS Committee members and representatives, and the third for designated recipients. G. Filteau advised that the modules have been available on CSPS Learning Portal since late December 2020, and during the intervening 16 business days, as of January 20, 2021, Module 1 Harassment and Violence Prevention for Employees (W101) had been accessed by 9,824 learners. It is calculated that, at this rate, approximately 140 000 learners can be expected to have completed this course by the end of 2021.
   
   In addition, G. Filteau expanded on the five (5) case studies associated with the W101 module dealing with various matters such as discrimination, harassment & violence including third party violence and family violence, sexual harassment, ostracism and encountering hostility at work, including micro-conflicts that potentially lead to harassment:
   1. But I Love Your People – completed by 5,421 users
   2. The Controlling Ex – completed by 4,929 users
   3. Feeling Excluded – completed by 4,845 users
   4. It’s All So ‘Confusing’ – completed by 4,817 users
   5. On-Call Violence – completed by 4,843 users
   
   It was indicated that, while 9,824 learners have taken the course in approximately three (3) weeks, should the various OHS Policy Committees and Employers decide to promote this course instead of developing their own, the numbers and rates may change.
   
   With respect to the second module, Harassment and Violence Prevention for Managers and Committees/Representatives (W102), G. Filteau noted that there are 2,091 users who had completed the module and an average of approximately 800 users per case study for the seven (7) required case studies, as this course includes the previously mentioned case studies as well as two (2) additional manager specific case studies.
   
   Finally, the third module, Harassment and Violence Prevention for Designated Recipients and Employers (W103) has been completed by 353 users with an average of 105 learners having also completed the associated seven (7) case studies.
   
   G. Filteau noted that the CSPS has come to realize there was a lack of clarity in the instructions, and that Managers and the OHS Committee Representatives were completing W101, not realizing that all of the training in each module is embedded within W102. There is no need for a Manager or Designated Recipient to complete any module other than the one specific to their role, as the information covered in the other modules is included in their assigned module. The CSPS has recently modified the introductory instructions to clarify this for all learners. Additionally, G. Filteau noted that the CSPS is working on having the completion of the employee course recognized when taking the Manager/Committee Representative course in the future.
   
   The Committee was happy with the update and pleased with the progress in so short a time. The Committee asked if the CSPS encountered any other issues where the Committee could be of assistance. G. Filteau advised that the CSPS and Labour Program have been working together to create a consent form for departments to use in lieu of developing their own. He also wished to thank the various SWOHS Committee Members for their Subject Matter Expertise and involvement in developing the material and supporting the School.
3. Update on List of Workplace Harassment and Violence Prevention Investigators
   
   Duncan Shaw, Senior Director, and Erich Kahrer, Manager of Stakeholder Relations/Senior Policy Strategist, Labour Program, Compliance, Operations and Program Development Directorate, Employment and Social Development Canada (ESDC) provided an update on the roster of qualified Workplace Harassment and Violence Prevention Investigators.
   
   D. Shaw indicated that there are many different tools and links on the Labour Program website (see Appendix A), separated by the intended audience, being the Employer as well as dedicated material for employees. D. Shaw indicated that the roster has been hosted on the Canadian Centre for Occupational Health and Safety (CCOHS) website since early January 2021 and contains the names and CVs of 73 pre-screened investigators.
   
   E. Kahrer advised that the roster was developed through consultations as a result of the concept that investigators were not assigned in a timely manner to harassment investigations as well as under circumstances where the assigned investigator was not seen as impartial throughout the investigation. He indicated that these were flagged as a concern and the new Work Place Harassment and Violence Prevention Regulations (Regulations) have taken a different approach.
   
   E. Kahrer elaborated on the new approach proceeding through the following opportunities for resolution with the consent of both parties: 1. Informal Resolution, 2. Conciliation and if neither of those are successful, then an investigator could be assigned. He further clarified that, if there is no jointly developed list of investigators, there is a 60-day period where the parties need to agree upon an investigator. Should there be no agreement after those 60 days, E. Kahrer indicated the parties would then turn to the CCOHS roster.
   
   E. Kahrer further explained that the 73 names on the roster have been pre-screened, using a process developed by a tripartite community by creating questions focusing on areas of expertise that had been identified as needed for investigations, followed by a multiple choice test to verify the applicant’s knowledge of Harassment legislation as well as the Canadian Human Rights Act followed by a scenario question where the investigator provided an investigational report. After successful completion of this, the applicant’s references were checked. Any special skill sets, including languages beyond English and French, are able to be searched on the roster to identify qualified investigators.
   
   A. Peart noted there is no referral form to CCOHS and asked about the process of accessing the CCOHS roster once the 60 days have passed. E. Kahrer indicated that there will be an email with a link to the site, however that the roster is open to the public to see each investigator’s CV and experience. Additionally, there is a disclaimer at the start where users can provide feedback to the Labour Program if there are concerns with the process.
   
   C. Zovatto advised that there had previously been several hundred expressions of interest at a previous Occupational Health and Safety Advisory Committee (OHSAC) meeting, and expressed concern that the relatively low number of 73 investigators on the roster may end up not being able to handle the expected amount of work as the year progresses. E. Zahrer reiterated that the CCOHS roster is not intended or designed to be the first choice, indicating that the Regulations stipulate that each Employer is to jointly develop a list of agreed upon investigators with the respective Bargaining Agent representatives. Additionally, the Employer can provide the respondent with a list of investigators to choose from at the beginning of the process.
   
   C. Zovatto also questioned what steps are being taken to augment the numbers of investigators on the CCOHS roster, adding if smaller departments would be allowed to access the CCOHS roster directly rather than developing their own list. E. Kahrer clarified that there are plans to run another call for interest for investigators once there is some data on how the CCOHS roster is being used, currently being planned for Spring/Summer 2021. He added that this would be a targeted approach with additional requirements to get the correct balance of investigational experience and diversity on the roster. D. Shaw further explained that they had never done such a call out before, and therefore have learned many lessons that will streamline the next call out. He also mentioned that there are some investigators who missed this call out but are on the Public Services and Procurement Canada (PSPC) National Master Standing Offer (NMSO) list.
   
   C. Seeton indicated that the legislation leaves the impression that if the parties cannot agree upon an investigator, one will be appointed and asked for clarification on how that would proceed.
   
   J. Ryan asked if there is information on how departments are being guided and supported in establishing requirements for creating their own lists for investigators, expressing a concern that departments may turn to the CCOHS roster while, or potentially in lieu of, developing their own list. E. Kahrer advised that the Regulations are clear on the requirements, citing Section 28(1), and that the Labour Program used those criteria to screen the applicants. The information has been shared by the Labour Program with PSPC, and they plan to work together on the next process to strengthen both processes.
   
   There were additional questions around what the solution might be when the Employer works with various Bargaining Agents who may not come to consensus on who should be on the investigator list. The question was elaborated upon as to would majority rule or would the Employer have different lists dependent on the Bargaining Agent. A question was asked whether it would be possible to increase the number of available investigators on the CCOHS by collaborating with CCOHS to create a curriculum to assist interested employees to develop the skills necessary to be added to the list. E. Kahrer indicated that this has not yet been considered as the focus was on making sure the tools and requirements were available. However, now that they are, he stated they will examine the feasibility.
   
   Lastly, it was indicated that Canada is still at the height of the COVID-19 pandemic and that this might prevent some qualified applicants from forwarding their names, but that the hope is that, by Spring / early Summer 2021, a second call out for expressions of interest might yield some who missed out or opted out for the first call out.
   
   The Committee was pleased with the presentation and with all the work that has been completed to date.
4. Update on COVID-19 Vaccinations for Employees of the Core Public Service
   
   C. Zovatto indicated that this is an area that is currently generating a lot of interest and therefore many questions. N. Porteous stated she has presented on this topic several times, and that the vast majority of federal public servants will be getting vaccinated by their Provincial/Territorial healthcare system as the vaccines are rolled out depending on their personal circumstances, such as age, risk, etc. N. Porteous advised that the most frequent question is how to get placed on a priority list, or how to be moved up on the priority list. She stated that the National Advisory Committee on Immunization (NACI) sets guidelines based on the science around this vaccination. She explained that the NACI is a standing committee of experts convened by the Public Health Agency of Canada (PHAC) who have described the prioritization of the vaccine as a staged approach. The priority for the initial phase of the vaccine roll out are caregivers of the elderly, the elderly, those working in high risk Health Care settings and adults in Indigenous communities. Following those already identified, in the second phase are those Health Care workers who were not included in the first phase, all residents and staff of congregate living facilities (such as group homes) and essential workers, a term which has yet to be defined for this purpose. N. Porteous indicated there will be additional stages, however that they have not yet been designated.
   
   N. Porteous further stated that each Province and Territory is responsible for determining the vaccine roll out in their jurisdiction but that the Office of the Chief Human Resources Officer (OCHRO) and Health Canada’s Public Service Occupational Health Program (PSOHP) are working with PHAC and Provinces/Territories to ensure that priority Public Service Occupation Groups are considered in the Provincial/Territorial identification of essential workers. She cautioned that this process is still at the early stages.
   
   Additionally, N. Porteous indicated that some individual departments are working with the Provinces/Territories within the Provincial/Territorial roll out to ensure their employees are included, or in some cases, with local jurisdictions overseas. She mentioned that, in most cases, the OCHRO and PSOHP will work together with individual/separate agencies to bring issues forward to the Provinces/Territories to ensure a cohesive and consistent approach to vaccine roll outs across the country. Additionally, this is a concern because of a limited supply of the vaccine, however N. Porteous indicated that once the supply becomes more readily available, history has proven that the prioritization issues will diminish because everyone will be able to access the vaccine.
   
   N. Porteous reiterated however, that even with the vaccines being rolled out, it is of utmost importance for the standard COVID protocols to remain in place, likely for most of 2021, and potentially into 2022.
5. Update from the Sub-Committees:
   1. OHS Training/Learning Sub-Committee
      
      F. Murphy noted that this sub-committee has completed all its assigned tasks to date asking for input on next steps. A. Peart advised she recommends keeping the sub-committee intact as the work involved ebbs and flows. The Committee agreed.
      
      
   2. Competent Persons
      
      C. Seeton noted that the guidance material and Statement of Work have been posted to the NJC website. She asked C. Zovatto if she is aware of any communications being forwarded to the OHS Policy Committees on this.
      
      C. Zovatto responded that the last update was that a message was being drafted. She asked that the Committee Advisor follow up to determine what the next steps will be.
      
      
   3. Legalization of Cannabis
      
      The memo regarding the suspension of work of this sub-committee until the Z1008 Substance related impairment standard is in effect will be tabled at the February Executive Committee meeting.
6. Standing Items
   1. Asbestos
      
      Nil.
      
      
   2. Harassment
      1. Update on C-65
         
         C. Zovatto indicated the update was included in previous presentations however thanked the Committee for their collaboration on the associated policies.
         
         
      2. Workplan development – tool prioritization
         
         It was indicated that there will be additional guidance tools posted soon from ESDC and that there appears to be some confusion on how to use people that appear on the NMSO. Some companies are unable to offer services anymore and are attempting to clarify with PSPC.
         
         It was suggested that the Committee create an inventory of the tools and resources currently available, review it, and determine what needs to be updated or realigned with the new Regulations, working through to ensure it is all in compliance. C. Zovatto indicated that her unit is developing a short email to check departments readiness as had been done just before Christmas 2020, whereby the surveyed agencies indicated they were on track. Additionally, C. Zovatto indicated that the policy committee meets regularly and will ensure that this topic is shared at the next meeting.
         
         A question was posed about reopening the NMSO to adjust the requirements, however C. Zovatto indicated that there are several streams to the NMSO, being Compensation, Harassment and Wrongdoing. Unfortunately, she stated that the NMSO cannot be partially taken down, and that the Wrongdoing investigators need to remain available, however said they are looking at a Statement of Work for a new Standing Offer, which the Competent Persons Sub-committee could be asked to work on. She elaborated that they are currently dealing with policy and are therefore not yet at this point. It was agreed upon by the Committee that the approach whereby PSPC and the Sub-committee meet before putting pen to paper and then work together works very well and should be encouraged in the future.
   3. Legionella
      
      The Committee considered the current Legionella communiqué and suggested that additional information related to COVID-19 be added in the form of a link. C. Truax suggested that some FAQs related to Heating, Ventilation and Air Conditioning (HVAC) from the presentation received at the November 2020 meeting could also be included. C. Truax advised that he would work on these. The request was made to make these amendments for this year only as conditions may be different next year.
      
      The timeline for posting the Communiqué was established for March 1, 2021. For additional timelines, see Appendix B.
7. Round table
   
   R. de Bellefeuille noted that she has observed a lot of work having been completed by this Committee during her time since joining the committee and is pleased with how well the group works in concert. Concerning the Harassment and Workplace Violence Prevention investigators, she advised that Human Resources in many departments are looking at their lists. She clarified that some investigators may be on the list but may already be occupied elsewhere, and that many larger firms have started recruiting anticipating additional work.
   
   It was indicated that there are people that some of the Bargaining Agents have worked with that they would like to ensure are included on the lists. C. Zovatto mentioned that there was a meeting of the OHS Community of Practice in the afternoon and that she would ensure that the consultation with the Bargaining Agents was brought up as an integral part of the development of the list, as indicated in the Regulations.
8. Next Meeting
   
   The next meeting is scheduled for March 18, 2021.

Adjournment

The meeting was adjourned at 11:30 a.m.