This part of the directive enhances and/or supplements Part II of the Code [http://laws.justice.gc.ca/en/showdoc/cs/L-2/bo-ga:l_II/en/en#anchorbo-ga:l_II] and the Health andSafety Committees and Representatives Regulations [http://laws.justice.gc.ca/en/showtdm/cr/SOR-86-305//?showtoc=&instrumentnumber=SOR-86-305] and should be read in that context.
18.1 National Health and Safety Policy Committees
18.1.1 National health and safety policy committees ("policy committees" hereafter) are established in accordance with the provisions for occupational health and safety committees under the Code and its pursuant applicable regulations.
18.1.2 The purpose of the policy committee is to participate in developing and monitoring the employer's health and safety program and to take health and safety into consideration when formulating policies, practices, and procedures.
18.1.3 The policy committee is a forum where management and employee representatives can meet to exchange information, discuss policies, programs and conditions, and where employee representatives can communicate to the employer their views on health and safety matters. The members should strive to reach consensus on all issues.
18.2 Size of Committee
18.2.1 In determining the size of the policy committee, the following factors shall be considered:
- the number and distribution of employees in each workplace;
- the degree of hazard in the entire work environment;
- the variety of functions performed;
- the need to represent different shifts;
- the frequency of incident/injuries at the workplace; and
- the number of unions involved.
18.2.2 The employer should select management representatives who will have the necessary authority to act upon, discuss and approve any items raised at the meeting of the policy committee.
18.2.3 Where employees at a workplace are represented by a trade union, the trade union shall select the employees to be appointed by the employer to the available seat(s) on the policy committee.
18.3 Vacancy of Office
Where 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.
18.4 Quorum
18.4.1 The quorum of a policy committee shall consist of a majority of the members of the committee, of which at least half are representatives of the employees and at least one is a representative of the employer.
18.4.2 Should a meeting need to be rescheduled due to lack of quorum, a justification explaining the reasons that led to this situation needs to be included in the next policy committee minutes.
18.5 Alternates
18.5.1 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 who may 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 are replacing. The use of alternates should be kept to a minimum in order to maintain continuity. The alternates should be selected in the same way as regular members and their names should be posted alongside regular committee members.
18.6 Committee Powers
18.6.1 Either party of a policy committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities.
18.6.2 Either party of a policy 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 the person's written consent.
18.7 Rules of Procedure
Each policy committee shall establish its own rules of procedure that will address, but not be limited to, the following:
- terms of office;
- 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 includes a method for review and amendments to the minutes prior to their formal approval;
- recording of the minutes;
- the process by which agenda items are submitted and the agenda is adopted;
- procedures for obtaining any necessary approvals by the chairpersons for carrying out powers and duties as committee members; and
- any procedures for its operation that it considers advisable.
18.8 Meetings
18.8.1 Members of a policy committee are entitled to such time from their regular work as is necessary 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 to have been spent at work.
18.8.2 Employees who are part of the policy committee may not have the resources required to fully participate. Assistance or other support may be provided to facilitate their participation. This 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.
18.9 Minutes
18.9.1 The minutes of each policy committee meeting shall be approved by both chairpersons.
18.9.2 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 member of the committee.
18.9.3 The employer shall make available to the workplace committee members, a copy of the policy committee minutes, in either electronic or printed form.
18.9.4 A copy of the policy committee minutes shall be kept by the employer for a period of two years from the date on which the policy meeting was held. The minutes shall be made readily available for examination.
18.9.5 The employer shall post a copy of the policy committee minutes as soon as they are available and will keep them posted for a period of three months.
18.9.6 A policy committee shall keep accurate records of all matters brought before it.
18.10 Regional Policy Health and Safety Committees
18.10.1 Regional policy health and safety committees ("regional committees" hereafter), 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.
18.10.2 The terms of reference of all regional committees shall be approved by the policy committee.
18.10.3 Regional committees shall also keep the policy committees informed of regional health and safety issues.
18.10.4 Members of a regional committee are entitled to such time away from their regular work as is necessary 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 their functions as a member of the committee. For the purposes of calculating wages owing to the employee, that person will be deemed to have been at their regular work.
18.11 Workplace Health and Safety Committees
A workplace health and safety committee ("workplace committee" hereafter) shall be established at each workplace where 20 or more employees are normally employed.
18.12 Size of Committee
18.12.1 In determining the size of the workplace committee, the following factors shall be considered:
- the number and distribution of employees in each workplace;
- the degree of hazard in the entire work environment;
- the variety of functions performed;
- the need to represent different shifts;
- the frequency of incident/injuries at the workplace; and
- the number of unions involved.
18.12.2 The employer should select management members who will have the necessary authority to act upon, discuss and approve any items raised at the meeting of the workplace committee.
18.13 Committee Powers
18.13.1 Either party of a workplace committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities.
18.13.2 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 the 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 the person's written consent.
18.14 Rules of Procedure
Each workplace committee shall establish its own rules of procedure that will address, but not be limited to the following:
- terms of office;
- 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 includes a method for review and amendments to the minutes prior to their formal approval;
- recording of the minutes;
- the process by which agenda items are submitted and the agenda is adopted;
- procedures for obtaining any necessary approvals by the chairpersons for carrying out powers and duties as committee members; and
- any procedures for its operations as it considers advisable.
18.15 Meetings
Members of a workplace committee are entitled to such time from their regular work as is necessary 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 to have been spent at work.
18.16 Minutes
18.16.1 The minutes of each workplace committee meeting shall be approved by both chairpersons.
18.16.2 The employer shall post a copy of the workplace committee minutes as soon as they are available and will keep them posted for a period of three months.
18.16.3 A workplace committee shall keep accurate records of all matters brought before it.
Health and Safety Representatives
18.17 Representatives
If no workplace committee is required, all duties and powers are extended to the health and safety representative.
Health and Safety Training
18.18 Training
18.18.1 The employer shall, in consultation with the appropriate committee, develop a training program for committee members that shall ensure that committee members are trained in the performance of their responsibilities in relation to the activities of the employer and which includes but is not limited to:
- their powers and duties under the Code and its pursuant applicable regulations;
- requirements found in the NJC OHS Directive;
- the rules and procedures of the committees; and
- principles of consensus building and resolving health and safety issues.
18.18.2 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 pursuant applicable regulations and the NJC OHS Directive.
18.18.3 Where 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, this time shall be considered to be time worked. It is understood that the employer will make the selection of the health and safety training to be taken after consultation with the health and safety committee concerned.
18.19 Information
The employer shall communicate the purpose of the health and safety committee and its current membership (their names, phone numbers and work locations) to all employees at least once a year either electronically or via hard copy.