Scope
This part of the Directive enhances and supplements Part II of the Code [https://laws.justice.gc.ca/eng/acts/L-2/page-14.html#h-341197] and the Policy Committees, Work Place Committees and Health and Safety Representatives Regulations (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2015-164/index.html) and should be read in that context.
19.1 General
19.1.1 Any policies and procedures that are specific to a department or agency and to any worksites will be developed in consultation with the policy and/or workplace committees.
19.2 Selection of Members
19.2.1 In determining the size of the policy committee, the following factors shall be considered:
- the number and distribution of employees in each workplace;
- the level of risk in the entire work environment;
- the variety of functions performed;
- the need to represent different shifts;
- the frequency of incidents and injuries in the workplace; and
- the number of bargaining agents involved.
19.2.2 The employer shall select management representatives who will have the necessary authority to act on, discuss and approve any items raised at the meeting of the policy committee.
19.2.3 When employees at a workplace are represented by a bargaining agent, the bargaining agent shall select the employees to be appointed by the employer to the available seat(s) on the policy committee.
19.3 Office Vacancy
19.3.1 When a member of a policy committee resigns or ceases to be a member for any other reason, the vacancy shall be filled within 60 calendar days.
19.4 Quorum
19.4.1 Should a meeting require rescheduling due to a lack of quorum, a justification explaining the reasons that led to the rescheduling shall be included in the next policy committee minutes.
19.4.2 The employer shall be responsible for authorized expenses incurred by Committee employee members due to attendance at committee meetings. Employees will not be financially responsible for travel and accommodation costs incurred to attend Policy Committee meetings.
19.5 Alternates
19.5.1 It is important that policy committee meetings not be delayed or postponed due to an inability to achieve quorum. It is usually desirable to name alternates to replace regular members at committee meetings. The committee should decide, through its rules and procedures, whether it will allow alternates to attend meetings in place of regular members. The alternates must be fully informed and given the rights and powers of the members they replace. The use of alternates should be kept to a minimum to maintain continuity. The alternates should be selected in the same way as regular members and their names should be posted alongside those of regular committee members.
19.6 Committee Powers
19.6.1 Either party of a policy committee may request from an employer any information that the committee considers necessary for identifying existing or potential hazards with respect to materials, processes, equipment or activities.
19.6.2 Either party of a policy committee shall have full access to all government and employer reports, studies and tests about the health and safety of employees or to the parts of those reports, studies and tests that relate to the health and safety of employees but shall not have access to the medical records of any person, except with that person’s written consent.
19.7 Rules of Procedure
19.7.1 Each policy committee shall establish its own rules of procedure that will address, but not be limited to, the following:
- the terms of office;
- the time, place and frequency of regular meetings;
- the process by which the minutes shall be approved by both chairpersons;
- a process by which the position expressed by a member on any health and safety matter brought before the committee at its meeting is accurately recorded in the minutes and that includes a method for reviewing and making amendments to the minutes before they are formally approved;
- the recording of the minutes;
- the process by which agenda items are submitted and the agenda is adopted;
- the procedures for obtaining any necessary approvals from the chairpersons for carrying out powers and duties as committee members; and
- any procedures for its operations that it considers advisable.
19.8 Meetings
19.8.1 Members of a policy committee are entitled to the necessary time away from their regular work to attend meetings or to carry out any other functions as members of the committee including reasonable meeting preparation time, and any time spent by the member while carrying out any of his or her functions as a member of the committee shall, for the purposes of calculating wages owing to him or her, be deemed spent at work.
19.8.2 Employees who are part of the policy committee may not have the required resources to fully participate. Assistance or other support may be provided to facilitate their participation, which may include travel costs to attend meetings. If authorized by the employer, all travel costs must conform to the applicable provisions of the NJC Travel Directive.
19.8.3 The employer shall be responsible for authorized expenses incurred by Committee members due to attendance at committee meetings. Employees will not be financially responsible for travel and accommodation costs incurred to attend Workplace or Policy Committee meetings.
19.9 Minutes
19.9.1 The minutes of each policy committee meeting shall be approved by both chairpersons.
19.9.2 The chairperson selected by the representatives of the employer shall provide, as soon as possible after each policy committee meeting, a copy of the minutes in either electronic or printed form to the employer and to each committee member.
19.9.3 The employer shall make available to the workplace committee members a copy of the policy committee minutes, in either electronic or printed form.
19.9.4 A copy of the policy committee minutes shall be kept by the employer for a period of 10 years from the date on which the policy meeting was held. The minutes shall be made readily available for examination.
19.9.5 The employer shall post a copy of the policy committee minutes as soon as they are available and shall keep them posted for three months.
19.9.6 A policy committee shall keep accurate records of all matters brought before it.
19.10 Regional Policy Health and Safety Committees
19.10.1 Regional health and safety committees (“regional committees”), if established, shall operate in accordance with the provisions applicable to the policy committee under the Code and its pursuant applicable regulations, which include all the powers, duties and privileges afforded to its members. Its operation shall be restricted as per their particular region or sector as defined in their terms of references.
19.10.2 The terms of reference of all regional committees shall be approved by the national policy committee.
19.10.3 Regional committees shall also keep the national policy committees informed of regional health and safety issues.
19.10.4 Members of a regional committee are entitled to the necessary time away from their regular work to attend meetings or to carry out any other functions as members of the committee, including reasonable meeting preparation time and any time spent by the member while carrying out any of his or her functions as a committee member. For the purposes of calculating wages owing to the employee, that person shall be deemed to have been at his or her regular work.
19.11 Workplace Health and Safety Committees
19.11.1 The workplace health and safety committee shall participate and be consulted in developing, implementing and monitoring the employer’s health and safety program in accordance with the Directive and to take health and safety into consideration when formulating policies, practices, and procedures.
19.12 Committee Size
19.12.1 In determining the size of the workplace committee, the following factors shall be considered:
- the number and distribution of employees in each workplace;
- the level of risk in the entire work environment;
- the variety of functions performed;
- the need to represent different shifts;
- the frequency of incidents and injuries at the workplace; and
- the number of bargaining agents involved.
19.12.2 The employer should select management members who will have the necessary authority to act on, discuss and approve any items raised at the meeting of the workplace committee.
19.13 Committee Powers
19.13.1 Either party of a workplace committee may request from an employer any information that the committee considers necessary for identifying existing or potential hazards with respect to materials, processes, equipment or activities.
19.13.2 Either party of a workplace committee shall have full access to all government and employer reports, studies and tests relating to the health and safety of employees or to the parts of those reports, studies and tests that relate to the health and safety of employees but shall not have access to the medical records of any person, except with that person’s written consent.
19.14 Rules of Procedure
19.14.1 Each workplace committee shall establish its own rules of procedure that will address, but will not be limited to, the following:
- the terms of office;
- the time, place and frequency of regular meetings;
- the process by which the minutes shall be approved by both chairpersons;
- a process by which the respective position expressed by a member on any health and safety matter brought before the committee at its meeting is accurately recorded in the minutes and that includes a method for reviewing and making amendments to the minutes before they are formally approved;
- the recording of the minutes;
- the process by which agenda items are submitted and the agenda is adopted;
- the procedures for obtaining any necessary approvals by the chairpersons for carrying out powers and duties as committee members; and
- any procedures for its operations that it considers advisable.
19.15 Meetings
19.15.1 Members of a workplace committee are entitled to the necessary time from their regular work to attend meetings or to carry out any other functions as members of the committee, including reasonable meeting preparation time. Any time spent by the member while carrying out any of his or her functions as a member of the committee shall, for the purposes of calculating wages owing to him or her, be deemed spent at work.
19.16 Minutes
19.16.1 The minutes of each workplace committee meeting shall be approved by both chairpersons.
19.16.2 The employer shall post a copy of the workplace committee minutes as soon as they are available and will keep them posted for three months.
19.16.3 A workplace committee shall keep accurate records of all matters brought before it.
19.17 Representatives
19.17.1 If no workplace committee is required, all duties and powers are extended to the health and safety representative.
19.18 Training
19.18.1 The employer shall, in consultation with the appropriate committee, develop and implement a mandatory training program or enroll in a jointly-approved training program for new and existing committee members. The training shall be delivered without delay but no longer than 90 days following the appointment and shall ensure that committee members are trained in the performance of their responsibilities in relation to the activities of the employer. The training shall include but not be limited to:
- their powers and duties under the Code and its applicable regulations;
- requirements found in the Directive;
- rules and procedures of the committees;
- principles of consensus building and resolving health and safety issues;
- how to conduct a hazard assessment in accordance with the employer’s Hazard Prevention Programs that comprises physical and psychological hazards (including Part XIX of Canadian Occupational Health and Safety Regulations as well as the Workplace Harassment and Violence Prevention Regulations); and
- the hazardous occurrence investigation (including root cause analysis).
19.18.2 The employer shall develop, in consultation with the appropriate health and safety committee, an awareness program for all employees that covers, but is not limited to, the requirements found in the Code and its applicable regulations and the Directive.
19.18.3 If an employee is directed by the employer to attend health and safety training as a consequence of being a member of a health and safety committee, the training time shall be considered time worked. It is understood that the employer will choose the health and safety training to be taken after consulting with the health and safety committee in question.
19.18.4 Effective refresher training will be provided every two years to all health and safety representatives, workplace health and safety committee members and policy committee members.
19.18.5 All training records will be documented and tabled at the national policy committees, at least once each calendar year and kept on file for a period of five years.
19.19 Information
19.19.1 The employer shall communicate the purpose of the health and safety committee and its current membership (names, phone numbers and work locations) to all employees at least once per year either electronically or via hard copy.