June 8, 2021

    1. Adoption of Agenda

      The agenda was adopted.
    2. Update on National Master Standing Offer

      Marc Gosselin, Director, Workplace Wellness Programs, Office of the Chief Human Resources Officer (OCHRO), Treasury Board Secretariat (TBS), provided an update on the National Master Standing Officer (NMSO), which is due to expire in August of 2023. The NMSO as it stands is still to be used for complaints generated prior to January 1, 2021. M. Gosselin indicated that names from the existing NMSO may also be used under the new Workplace Harassment and Violence Prevention Regulations (Regulations) however the investigators may require additional screening to be completed, and all parties will need to agree to the investigator.

      M. Gosselin advised that TBS and Public Services and Procurement Canada (PSPC) are working on a new NMSO that will meet all the criteria under the new Regulations and hope to have this in place around the end of 2021. As they are using the same Statement of Work and Evaluation Criteria created by this Committee and used to create the roster of qualified investigators hosted by the Canadian Centre for Occupational Health and Safety (CCOHS), he indicated that there are not any concerns foreseen in the process. C. Zovatto indicated that the Competent Persons Sub-Committee would be consulted on the vetting process for recommendations on proceeding forward with the NMSO.

      The Committee was pleased with the progress so far. J. Ryan inquired as to what direction has been given to policy committees to vet investigators from the existing NMSO for investigations after January 1, 2021. M. Gosselin advised that the Statement of Work and Evaluation Criteria documents created by SWOHS have been shared widely by TBS within both the Occupational Health and Safety and the Harassment communities of practice, as well as being available on the NJC website, and that departments have been encouraged to create their own list of qualified investigators as well.

      J. Ryan asked about work being done in departments to leverage the knowledge of existing resources and the process of including them in the new framework. M. Gosselin advised that many departments are undertaking retraining and retooling of existing teams to function under the new Regulations, particularly focusing on moving from the application of Employer policies to applying the Canada Labour Code.

      M. Gosselin concluded by advising that as of February, departments indicated that approximately 60 complaints were filed, with his section being contacted for complex cases.
    3. Workplace Violence and Harassment – Discussion of sharing best practices

      Marc Gosselin, Director, Workplace Wellness Programs, Office of the Chief Human Resources Officer (OCHRO), Treasury Board Secretariat (TBS), provided an update of the information obtained by a survey of several departments on the implementation of the Regulations. Gosselin first indicated that the policy template is live and has been shared by TBS with departments and the community of practice to modify to suit their needs, to be used to start, finalize or be a checklist for creating their policy. He advised that approximately 60% of the Federal Public Sector departments surveyed responded. Of those, 85% indicated that their department has identified a Designated Recipient. 82% of departments have identified training requirements in conjunction with their applicable partners, and 75% of departments have or will leverage the use of the CSPS courses. 50% indicated that their policy has been implemented, with most of the remainder indicating that their policy is in the final stage of approval.

      He advised that the next survey to be sent out will continue to monitor the implementation of the Regulations but may include questions to identify departments’ needs and tools they would like to have developed. M. Gosselin indicated that work continues on updating the web content, however not all of it is controlled by TBS and therefore they are working with other agencies to update the links, and are leveraging use of the GConnex page for information sharing.

      The Committee appreciated the update and information provided. F. Murphy advised that the CCOHS roster of qualified investigators is difficult to find. M. Gosselin indicated that he has noticed this and saved the link as a favourite. C. Zovatto will be speaking to the Labour Program next week and will advise them of this issue. The Committee agreed that a direct link to the roster could also be hosted on the NJC site.

      The Employer Side Co-chairperson asked to hear from the Bargaining Agent representatives as to how the implementation process is proceeding from the bargaining agent perspective. The representatives indicated that there were not many incidents being reported at their level, and that most of the discussions were based around which process should be followed for incidents that took place prior to January 2021 but reported after. J. Ryan indicated that there is a need for managers and supervisors to have tools that are also designed to assist in determining the root cause of the harassment and violence and to assist employees in identifying risk factors or risk behaviours with a view towards prevention. R. de Bellefeuille agreed and included that the pandemic has introduced a new variable on how violence and harassment is occurring that should be part of the risk assessment process.

      R. de Bellefeuille asked if there is increased awareness in the workplace as a result of the new Regulations. F. Murphy advised that the timelines and timeliness of investigations have been highlighted, and that departments have been working to integrate the new Regulations into their policies. He suggested that the Competent Persons Sub-Committee could be tasked with identifying best practices.

      F. Murphy asked if Health Canada was also creating a roster, which was confirmed by N. Porteous, who will arrange for a presentation at an upcoming SWOHS meeting.
    4. Update from the Sub-Committees:
      1. OHS Training/Learning Sub-Committee

        C. Zovatto advised that the Canadian School of the Public Service (CSPS) would like to again collaborate with the Sub-Committee on case studies addressing inclusion and diversity to add to the existing courses related to the new Regulations as 29% of persons with disability indicated having been harassed within the last 12 months according to a recent survey.

        R. de Bellefeuille indicated that there were also 10 modules developed by this sub-committee that were in the process of being adapted to adhere to the new Regulations and requested an update. M. Gosselin advised that he is now in the process of completing a line-by-line review and collaborating with CSPS to have the modules transferred to HTML. He identified that the goal is to have the modules either live on the CSPS site or shared by the end of Spring 2021. R. de Bellefeuille advised that it may be more efficient to outsource the review and editing of the French document.

      2. Competent Persons

        Discussed in previous agenda items.

      3. Legalization of Cannabis

        R. de Bellefeuille advised that the Executive Committee and National Joint Council have been apprised of the cessation of the work of this Sub-Committee pending the new standards.
    5. Standing Items
      1. Asbestos

        Nil report.

      2. Harassment

        Workplan development – tool prioritization

        Discussed under agenda item 4(b).

      3. Legionella

        The Legionella communiqué has been shared on the NJC website.
    6. Round table

      R. de Bellefeuille noted the departure of Sandra Hassan as chair of the National Joint Council, advising that her replacement is Stephen Diotte. J. Ryan identified that he will also be departing from the SWOHS Committee due to stepping down from his position in the union. His accomplishments were recognized and appreciated by the Committee, noting his invaluable contributions to further mental health awareness in the public service. R. de Bellefeuille advised she will also be stepping down as the SWOHS Committee Chair as she is leaving Treasury Board Secretariat – Office of the Chief Human Resources Officer (TBS-OCHRO). The Committee recognized her leadership and efforts as part of the Committee and wish her the best in her future endeavours.
    7. Next Meeting

      The next meeting is scheduled for May 20, 2021.

Adjournment

The meeting was adjourned at 10:33 a.m.