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HomeMy WebLinkAboutCOD-012-06 ClfJl-il!gton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 10, 2006 Report #: COD -012-06 File #: By-law #: h(JO -I y.g-DG::~ Subject: JOINT HEALTH AND SAFETY COMMITTEE - 2006 UPDATE - TERMS OF REFERENCE AND CONTINUOUS IMPROVEMENT PLAN RECOMMENDA TIONS: 1. THAT COD-12-06 be received; 2. THAT the By-law # 2004 -080, causing a Joint H & S Committee to be established be repealed and the representation and any future amendments to the Joint Health & Safety Committee and its structure, be made by amending the Terms of Reference, provided any changes are in accordance with the requirements of the Health and Safety Act; 3. THAT the revised Terms of Reference (Attachment #1) to be endorsed by the C.U.P.E., Local 74 President for Inside and Outside, the Fire Association, Local 3139 President, the two Co-Chairs of the Joint Health and Safety Committee and the Chief Administrative Officer, be endorsed by Council; 4. THAT the attached Continuous Improvement Plan (C.I.P.) (Attachment #2), inclusive of the Corporate Health and Safety Policy Statement, Health & Safety related policies, 2006 Training Schedule and Annual Health & Safety Objectives for 2006 and future years, substantially in the form of the attached, be recommended to Council for endorsement and approval; 5. THAT future amendments to the Continuous Improvement Plan and the policies, statements, or schedules contained therein, be authorized by approval of the Chief Administrative Officer; 6. THAT future amendments to the Terms of Reference be authorized by approval of the Chief Administrative Officer, in consultation with the Joint Health & Safety Committee where appropriate, provided that the intent of the attached Terms of Reference is maintained; REPORT NO.: COD-012-06 PAGE 2 7. THAT if future recommended changes to the Terms of Reference substantially alter its intent, a report will be brought to Council for approval, and subsequently forwarded to the Ministry of Labour for endorsement; 8. THAT the recommendations identified by the Joint Health & Safety Committee and Staff, to prevent future injuries, outlined on the attached injury statistics summary for 2006 (Attachment #3),2005 (Attachment #4), and 2004 Neer Summary (Attachment #5) be endorsed; 9. THAT Council authorize the Health & Safety Officer to investigate and report back to Council on an incentive program to recognize efforts achieved in reducing lost time injuries, and reduction of incidents; 1 O. THAT a copy of this report with attachments be posted in each workplace. 11. THAT the Health & Safety Manual, inclusive of the C.I.P. , H & S Policy Statement, and the Terms of Reference, be provided to all staff with a request to Department Heads and Managers to review in their departmental meetings; - 12. THAT a copy of this report with attachment #1 Terms of Reference, be submitted to the Ministry of Labour for review and endorsement FORTHWITH. Submitted bY0.~ Marie Marano Director of Corporate Services Reviewed by: G ~~ Franklin Wu, Chief Administrative Officer Attach. 1 - Terms of Reference Attach. 2 - Continuous Improvement Plan (Under separate cover in Health & Safety manual) Attach. 3 & 4 & 5 - Injury Statistics 2006, 2005, 2004 REPORT NO.: COD-012-06 PAGE 3 BACKGROUND AND COMMENT 1.0 Joint Health & Safety Committee - Representation 1.1 Section 9 (2) of the Occupational Health and Safety Act, made joint health and safety committees (JHSCs) mandatory in most workplaces with 20 or more workers. 1.2 Section 9(6) of the Act stipulates that a Joint Health and Safety Committee (JHSC) must consist of at least four persons, for a workplace where fifty or more workers are regularly employed. At least half of the members of the JHSC shall be workers employed at the workplace who do not exercise managerial functions. The members of the JHSC who represent workers shall be selected by the workers they are to represent or, if unionized, by the trade union or unions. 1.3 Report ADM-03-04 outlined the recommended representation on the Joint Health & Safety Committee included equal Non-Affiliated and Union members, with no maximums on the members or the alternates. The Terms of Reference was amended by report ADM-03-04 to reflect the JHSC representation, and it is not recommended that any change be made to the current structure which remains as follows, with no maximum: 2 Members from the Municipal Administrative Centre 2 Members from Community Services (Outside Facilities) 2 Members from Emergency Services 2 Members from Operations 2.0 Part-time Employees 2.1 It is expected that part time employees channel any health and safety concerns through an affiliated member, whose names have now been posted on the notice boards. 3.0 Health & Safety Commitment - Council and Administration 3.1 Council's Commitment to Health & Safety The 2006 budget recommends to Council, the introduction of the position of Health & Safety Officer which will be dedicated to Health & Safety for the Municipality. Council has advanced consideration of this position by approving the position of an interim Health & Safety Officer effective February 14, 2006. REPORT NO.: COD-012-06 PAGE 4 The 2006 Health & Safety budget includes increased funding dedicated to training in areas such as slips/falls, lifting, First Aid certification and Health & Safety certification. The Joint Health and Safety Committee reviewed and endorsed the budget, as recommended by the Chief Administrative Officer, for Council consideration during the annual budget deliberations. 3.2 Administration's Commitment to Health & Safety It was recommended in report ADM-03-04, that Department Heads encourage their employees to fully fulfil their role as a Joint Health and Safety Committee member. The continued support and commitment from the Chief Administrative Officer, and Department Head and Managers is evidenced by the increased focus on Health and Safety. 3.3 Health & Safety Reference/Focus in the Administrative Process A number of Corporate documents and processes under the direction and control of the Chief Administrative Officer and Department Heads, have been amended to include specific reference to, or focus on, Health and Safety matters. These efforts have been documented in the regularly scheduled Manager meetings as well as in Department Head meeting minutes. Recent initiatives include regular H & S updates and specific training sessions, provided by both Senior Management and the Worker Representative Co-chair. In addition, job postings, interview questions and employment letters now reference Health and Safety, and identify consequences for non-compliance with Health & Safety practices. 3.4 Health & Safety - Due Diliqence Policy Department Heads and Managers have incorporated specific Corporate policies over the past several years to incorporate Health and Safety into Corporate and operational responsibilities. Policy E9 - Due Diligence in Respect to Bill C-45 was developed in February 2005 following the introduction of federal legislation Bill C-45 which responded to the Westray Mine disaster. This policy was reviewed with Council, and special review sessions were provided to Managers and all staff. The policy sets out responsibilities for all levels of Management and workers regarding safe work practices. The policy was provided to Municipal Hall Boards and Museums for their reference and application as appropriate, to their operations. REPORT NO.: COD-012-06 PAGE 5 3.5 Departmental Responsibilities for Health & Safety Policy E9 - Due Diligence in Respect to Bill C-45 states that each department is responsible to develop departmental policies which will contain guidelines for safely operating within the department or facility, having regard to its particular hazards. Notwithstandi,!g the dedication of a corporate Health & Safety Officer, each Department maintains its obligations to adhere to Corporate and Departmental Health & Safety policies, practices and procedures. 4.0 Chief Administrative Officer 4.1 The Chief Administrative Officer is recognized by the Joint Health & Safety Committee as an advisor to the JHSC. Advice and direction may be sought by the JHSC, from the Office of the CAO, and the Chief Administrative Officer is invited to attend all Joint Health and Safety Committee meetings as an observer or for purposes of providing direction and guidance. 4.2 Messaqe from the CAO -Continuous Improvement, and Reducinq Lost Time in 2006 The Chief Administrative Officer, jointly with both Co-Chairs, issued a message to all staff on January 12, 2006, attached to individual pay cheques. The memo referred to Policy E-1 Accident/Incident Report, and Policy E-2 JHS Policy and Procedures. It also requested assistance of all staff in striving for continuous improvement and setting a goal to reduce lost time injuries in 2006. The message also attached a Form 82 poster which identifies what to do in the event of an accident, and a friendly safety message. The Chief Administrative Office has also been very supportive of the safety tips and messages that have been attached to pay cheque envelopes on a regular basis. 5.0 Health & Safety Officer 5.1 Health & Safety Officer - 2006 Budqet The 2006 Budget provides for inclusion of a recognized full-time Health & Safety Officer. The position will be dedicated to the Corporate Health & Safety matters. Responsibilities will include, but not be limited to; assisting in accident investigations, the co-ordination of Health & Safety training, and other Health & Safety related matters for the Corporation. REPORT NO.: COD-012-06 PAGE 6 5.2 Non-Votinq Member / No Quorum Representation - Joint Health & Safety Committee The Health & Safety Officer will become a member of the Joint Health & Safety Committee as a non-voting advisory member to the JHSC. The position will not be included in the numbers required to make up a quorum for the purposes of conducting meetings. 5.3 Reportinq The position will report to the Director of Corporate Services. Health & Safety matters will be reviewed with the Director of Corporate Services, and the position will advise and co-ordinate activities with the co-chairs of the Joint Health & Safety Committee and the Human Resources Manager. 6.0 Non-Affiliated Co-chair - Commitment to Health & Safety The Non-Affiliated Co-chair is currently the Director of Emergency Services, and he has demonstrated exemplary commitment to the Corporate Health & Safety profile. He works closely with the Worker representative Co-chair and the Health & Safety Officer to effectively co-ordinate initiatives of the JHSC, and the Corporation. 7.0 Worker Representative Co-chair - Commitment to Health & Safety The worker representative Co-Chair has demonstrated a keen interest in all Health & Safety matters and works closely with the non-affiliated Co-chair to carry out the duties and responsibilities of the position. He has enrolled in a number of specific Health & Safety training and education sessions and has conducted in house sessions for both Management and worker groups. 8.0 Health & Safety Manual Binders 8.1 Health & Safety Manual Binders In order to provide consistent information to all staff, and ensure Health & Safety related materials are readily accessible and recognizable, Health & Safety binders, in a "gold" colour have been ordered. These binders are titled "Health and Safety Manual" and they will be considered a "one-stop" source for information. By making the colour of the binder stand out, it is expected that all employees will know exactly where to look for REPORT NO.: COD-012-06 PAGE 7 information related to Health & Safety. These binders will be circulated to all staff, both part-time and full-time, and will contain a copy of this Health & Safety Report, the prevailing policy statement and the Corporate Continuous Improvement Plan (containing all H & S policies), and the Workplace Injury Envelope (containing all forms necessary if an injury is sustained). 8.2 Continuous Improvement Plan (CIP) A Continuous Improvement Plan (CIP) has been developed and reviewed by the Department Heads, by the Joint Health & Safety Committee, and by the Health & Safety Officer for input. The CIP contains a copy of all corporate Health & Safety policies, the prevailing Health & Safety Policy Statement, Corporate Training Schedule for 2006, and the Corporate Health & Safety Objectives Program. 8.3 The Objectives Program will state annual targets for achieving results in Health & Safety programs and initiatives which will be applied on an annual basis. It will be a generic program which will set measurable and achievable targets. 8.4 The Training Schedule for 2006 will set out the timetable for corporate training programs. It will include training for required areas such as WHMIS, and it will also set timeframes for training sessions recommended by the Joint Health & Safety Committee resulting from a review of the injury statistics reported to the JHSC. 9.0 Iniury Statistics & Recommendation to Prevent Future Iniuries 9.1 Iniury Statistics 2006. 2005 and 2004 The 2006 and 2005 injury statistics are attachment # 3 & 4 (there are no names identified). The 2004 NEER Summary is attachment #5, for reference. The WSIB summary of injuries is referred to as a NEER (New Experience Rating) Statement. Under the WSIB NEER program employers are rewarded or penalized for occurrences within the rate groups. The Municipality of Clarington has received refunds under this program since it was started in 1987. In 2004 the refund was $20,593. The NEER statement is a review of injuries within a 3 year rolling average analysis, and it is prepared by WSIB and issued annually in the fall. The 2005 and 2006 summaries are internal summaries for information purposes. The summaries include both incidents reported to WSIB, and those only reported for REPORT NO.: COD-012-06 PAGE 8 documentation purposes that are not required to be filed with WSIB. They are presented here for Council's information and to identify to Council that attempts have been made to reduce the potential for future occurrences with the recommendations put forward by the injured employee and the JHSC. These summaries have been presented to the JHSC for consideration and to allow an opportunity for the JHSC to provide input into the recommendations to prevent future injuries/incidents. The recommendations to prevent future injuries also contain information from the comments made by the Supervisor on the incident reports and/or WSIB form 7. The summaries have also been reported to and reviewed by the Department Heads for information and to assist the Department in making changes which may help prevent future incidents or injuries. The injury statistics are now reported and reviewed monthly to both the JHSC and the Department Heads. Recommendations from both groups are reviewed and considered corporately, to assist in avoiding future injury or incidents. 10.0 Future Amendments to Terms of Reference 10.1 2006 Terms of Reference - Review Process The proposed 2006 Terms of Reference, as attached to this report, was posted in all worksites to permit the opportunity for comments and suggestions by all workers. It has been reviewed by the Joint Health & Safety Committee, CUPE, the Fire Fighters Association, and the Department Heads on behalf of the Non-Affiliated Group. 10.2 Future Terms of Reference Amendments The Terms of Reference serves as a reference document, which may be require amendment from time to time to reflect current circumstances or prevailing practices. It is recommended that future amendments be authorized by the Chief Administrative Officer. The CAO will sign the amended Terms of Reference, and forward copies to the Clerk and to the JHSC. It is anticipated that recommendations may be received from time to time by the JHSC, which will be considered by the CAO for amendment to the Terms of Reference. REPORT NO.: cOD-012-06 PAGE 9 If deemed by the Chief Administrative Officer that the amendments are significant and applicable to the worker, the amended Terms of Reference will be posted in all worksites. 10.3 Substantial Chanqe Reported to Council If a substantial change as defined below is considered, at the discretion of the Chief Administrative Officer, the proposed change will be brought to Council for endorsement or approval as appropriate. If brought to Council for approval, the amended Terms of Reference will be forwarded to the Ministry of Labour, and Local Union/Associations for endorsement. Substantial change is defined to mean a change which alters the intent of the Terms of Reference, or effects major changes to a process which is fundamental to the Terms of Reference or the functions of the Joint Health & Safety Committee. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1c 3A6 T (905)623-3379 F (905)623-6506 ATTACHMENT #1 TO REPORT COD12-06 TERMS OF REFERENCE FOR THE STRUCTURE & FUNCTION OF A MULTI-WORKPLACE JOINT HEALTH & SAFETY COMMITTEE As Agreed Between THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74, BOTH INSIDE AND OUTSIDE AND CLARINGTON FIREFIGHTERS ASSOCIATION LOCAL 3139 AND THE NON AFFILIATED MEMBERS OF THE CORPORATION Revised @: March 22, 2006 Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 1 a, 1 2006 Attachment to Report COD-12-06 THIS TERMS OF REFERENCE IS SET OUT IN THE FOLLOWING FORMAT: A. GENERAL TERMS B. JOINT HEALTH & SAFETY COMMITTEE STRUCTURE C. JOINT HEALTH & SAFETY COMMITTEE FUNCTIONS D. JOINT HEALTH & SAFETY COMMITTEE MEETINGS A. GENERAL TERMS A.l.0 Aareement of Parties A.1.1 Mutual Aareement This document respecting the Joint Health and Safety Committee Terms of Reference is mutually developed and agreed to by the noted workplace parties and is submitted to the attention of the Minister of Labour for sanction and approval, pursuant to Section 9(3.1) of the Occupational Health and Safety Act. A.1.2 Ministry of Labour - Riaht to Withdraw The Minister of Labour reserves the right to withdraw the sanction of this arrangement if deemed appropriate for any reason after consultation with the workplace parties. A.1.3 Collective Agreement - Not Applicable The Joint Health and Safety Committee (JHSC) will not be empowered to amend, alter, subtract from or add to, any of the terms in the Collective Bargaining Agreement(s) . A.2.0 Process to Address Concerns A.2.1 All employees will be encouraged to discuss their occupational health and safety concerns with their immediate supervisor. If unresolved, an employee may bring the matter to the attention of a Joint Health & Safety Committee member. A.2.2 If asked to assist in an unresolved matter, a Joint Health & Safety Committee member will ensure the factual basis of all unresolved health and safety concerns with the immediate supervisor responsible for the issue, before bringing it to the attention of the Joint Health & Safety Committee for further investigation. A.3.0 Confidential Information A.3.1 Medical or trade secret information will be kept confidential by all Joint Health & Safety Committee members. Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 2 2006 Attachment to Report COD-12-06 A.3.2 All information discussed regarding injury claims, and any information deemed by the JHSC to be sensitive or confidential will be maintained by all members in strictest confidence. A.3.3 Any violation of confidentiality may be considered grounds for removal of a JHSC member, as determined by the Co-Chairs in consultation with the Chief Administrative Officer and Local Union/Association representatives. A.4.0 Review and Chanaes to Terms of Reference A.4.1 JHSC Annual Review The Joint Health & Safety Committee shall review this document, at least annually at a regular meeting. Recommend revisions to ensure continued compliance with the Occupational Health and Safety Act and applicable legislation, will be reviewed with the Chief Administrative Officer for consideration of amendments to the Terms of Reference. A.4.2 Chief Administrative Officer - Authorized to Amend Terms The Chief Administrative Officer, is authorized to effect changes to the prevailing Terms of Reference, provided the intent of the Terms of Reference is maintained and changes are in compliance with applicable legislation and regulations. Where appropriate, changes to the Terms of Reference will be made in consultation with the JHSC and/or representatives of the local Union/Association, as appropriate. A.4.3 Postino of Chanoe to Terms of Reference Changes made to the Terms of Reference, which are deemed by the Chief Administrative Officer to warrant notice to employees, the Terms of Reference will be posted in all workplaces noting the change and the revision date. A.4.4 Substantial Chanoe Reported to Council If a substantial change as defined below is considered, at the discretion of the Chief Administrative Officer, the proposed change will be brought to Council for endorsement or approval as appropriate. If brought to Council for approval, the amended Terms of Reference will be forwarded to the Ministry of Labour, and Local Union/ Associations for endorsement. Substantial change is defined to mean a change which alters the intent of the Terms of Reference, or effects major changes to a process which is fundamental to the Terms of Reference or the functions of the Joint Health & Safety Committee. Terms of Reference Joint Health & Safety Committee - CIa ring ton - Revised @ April 10, 3 2006 Attachment to Report COD-12-06 B. JOINT HEALTH & SAFETY COMMtrrEE STRUCTURE 8.1.0 JHSC MembershiD & Selection B 1.1 Representation The Joint Health & Safety Committee will be comprised of 50% non-affiliated and 50% affiliated (worker representatives) per the Ontario Health & Safety Act, section 9(7). B 1.2 Selection - Worker Representatives The worker representatives will be selected by the Union or Associations who are party to the Terms of Reference. The names of the worker representatives selected will be submitted to the Chief Administrative Officer, for addition to the list of members. The selection process of the worker representative will be in accordance with the Local Union/Association Bylaws and Constitutions. B 1.3 Selection - Non-Affiliated Representatives The Chief Administrative Officer will offer the opportunity to the Non-Affiliated employees to participate as members of the JHSC from time to time. Department Heads and Managers are directed by the Chief Administrative Officer to encourage Joint Health & Safety Committee membership and participation in Health and Safety matters. B 1.4 Number of Members A minimum of 8 members will be required on the Joint Health & Safety Committee. The JHSC will be composed of 2 members from MAC, 2 members from Community Services (outside facilities), 2 members from Emergency and Fire Services, 2 members from Operations, as well as alternates. There will be no maximum restriction for members or alternates, however changes to the number of members or alternates will be authorized by the Chief Administrative Officer. B.1.5 Postina of Names Names and telephone extension numbers of Joint Health & Safety Committee members will be posted on the Health & Safety bulleting boards. 8.2.0 Chief Administrative Officer B.2.1 The Chief Administrative Officer is recognized by the Joint Health & Safety Committee as an advisor to the JHSC. Advice and direction may be sought by the JHSC, from the Office of the CAO, and the Chief Administrative Officer is invited to Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ Apri/l0, 4 2006 Attachment to Report COD-12-06 attend all Joint Health and Safety Committee meetings as an observer or for purposes of providing direction and guidance. 8.3.0 Health & Safety Officer Position B.3.1 Advisory Role The Corporation's Health and Safety Officer will be an advisor on health and safety matters in an unbiased manner. B.3.2 Non-Votinq The position will be a non-voting member of the Joint Health and Safety Committee in order to maintain independence. B.3.3 Quorum - Position Not Included The position will not be included in representative members required to make up a quorum for either the worker or non-affiliated membership. B.3.4 Reportinq The position will report to the Director of Corporate Services. Health & Safety matters will be reviewed with the Director of Corporate Services. and the position will advise and co-ordinate activities with the Co-Chairs of the Joint Health & Safety Committee. B.3.5 Responsibilities - Investiqations. Co-Ordination of Training & Other The Health & Safety Officer will be advised of all accidents. and will. whenever possible. attend with members assigned to investigate accidents. The Health & Safety Officer will be responsible for Corporate co-ordination of Health & Safety training. and other Health & Safety related matters for the Corporation. B.3.6 Departmental Training Departmental Health & Safety Training. and training related to safe use of equipment will be the responsibility of the Department. Departments will submit their training program annually to the JHSC. and to the Health & Safety Officer. The Health & Safety Officer will include the departmental training to the training calendar for circulation to all Department Heads for information and potential opportunity to share training amongst departments. Department training program specifics may be reviewed by the JHSC upon request by the Department involved. 8.4.0 Membership Term Terms of Reference Joint Health & Safety Committee - C/arington - Revised @ Apri/l 0, 5 2006 Attachment to Report COD-12-06 BA.l The knowledge and expertise needed to carry out the functions of the Joint Health and Safety Committee is significant. Consequently it is recommended that JHSC members be appointed for a minimum 2 year term, with worker and management members being replaced during alternate years to maintain consistency. Representatives may serve on repetitive terms without limitation, provided the selection process is in compliance with the Terms of Reference selection process described above, and respective Union! Association By-laws and Constitutions. 8.5.0 Trainina of JHSc Members B.5.1 Roles & Resoonsibilities - Traininq The Co-chair(s) of the Joint Health & Safety Committee will review with all new JHSC members, their roles & responsibilities. This will be done at a regular JHSC meeting, or on an individual basis as appropriate. B.5.2 Certification of JHSC Members Opportunity will be provided to the extent of the annual budget, for some JHSC members to attend basic or sector specific certification. C. JOINT HEALTH & SAFETY COMMIITEE FUNCTIONS C.l.0 JHSC Mandate C.1.1 In accordance with the spirit and intent of the Occupational Health and Safety Act, the functions of the Joint Health & Safety Committee shall be: (a) Workolace H & S Matters: to identify, evaluate and recommend resolutions of all matters pertaining to occupational health and safety in the workplace to the Chief Administrative Officer or his or her designate. (b) Education & Traininq: to encourage adequate education and training programs in order that all employees, including JHSC members, are knowledgeable in their rights, restrictions, responsibilities and duties under the Occupational Health and Safety Act. (c) Reaulations: to make recommendations on matters related to the OHSA and all relevant Regulations, including WHMIS and Designated Substances where applicable, and reports related to health and safety. Terms of Reference Joint Health & Safety Committee - C1arington - Revised @ Apri/l0, 6 2006 Attachment to Report COD-12-06 C.2.0 Workplace Inspections Co2.1 Inspections of Workplace by Worker Representatives In accordance with the Occupational Health & Safety Act obligations, inspections will be conducted by Worker Representatives. Joint Health & Safety Committee members who represent workers shall designate certain of their members who are trained, along with trained workers who are not part of the JHSC, to inspect the physical conditions of the workplace(s) at least once a month in accordance with a schedule established by the Joint Health & Safety Committee. Buildings that are not regularly used by workers, or where it is not practical to inspect the entire workplace monthly, must have at least part of this workplace inspected monthly, with an entire workplace inspection at least annually. Where and when possible, a management person shall accompany the worker member. C.2.2 Department Head & Manaqer Inspections/Observations Management will inspect their workplace(s) and observe worker procedures/behavior for purposes of recognizing both commendable and unacceptable practices in Health & Safety, and workplace safety, in accordance with the prevailing Corporate Policy established to provide for Department Heads and Managers to make observations and inspections. C.2.3 Inspection Records/Forms All occupational health and safety concerns raised during the physical inspection will be recorded on an appropriate prevailing workplace inspection form or logs maintained in the workplace, and copied or notice provided to the Department Head. Inspection forms will be signed by member(s) performing the inspection. The worksheets will then be reviewed by the Joint Health & Safety Committee at regular meetings. For urgent items noted during inspections, see following section. C.2.4 Urgent Inspection Items Items that are considered by members conducting the inspection urgent will be forwarded in writing with recommendations if possible, to the Department Head as soon as reasonably possible. The Department Head will respond in writing as soon as reasonably possible, but in no case will response exceed the 21 day limit for written response per section 8( 12) OHSA. C.2.5 Outstanding Items Terms of Reference Joint Health & Safety Committee - C1arington - Revised @ April 10, 7 2006 Attachment to Report COD-12-06 Outstanding items, deemed by the Joint Health & Safety Committee to be significant will remain on the outstanding list, and the status will be reviewed monthly at regular meetings until resolved. C.2.6 Time Permitted to Conduct Inspections Joint Health & Safety Committee members shall be entitled to one (1) hour or such longer period of time as the Joint Health & Safety Committee determines is necessary to conduct workplace inspections. C.3.0 Accident Investiaations C.3.1 Definitions Accident - Definition: Unplanned event resulting in injury to people which requires medical attention in excess of first aid and/or potential lost time, or causing damage to property which may give rise to an insurance claim or monetary impact to repair damage. Incident - Definition: Unplanned event resulting in a "near miss" that could easily have been an accident. Near Miss Accidents/Incidents - Definition A Near Miss Accident/Incident is defined as incidents or unusual occurrences in the workplace that could have resulted in harm to persons or property if circumstances had been slightly different. C.3.2 Accident Notice to Co-Chairs and Health & Safety Officer The Co-Chairs will be advised of workplace accidents and assign member(s) who are trained, to investigate and fill in appropriate documents. The Health & Safety Officer will be advised of all accidents, and will accompany, whenever possible, members assigned to investigate. A worker representative from the Fire Association shall assist in investigation of fire incidents/accidents if investigation is required. C.3.3 ReportinG of Near Miss Accidents/Incidents All near misses must be reported on an incident report. The Co-Chairs and the Health & Safety Officer must be notified of all near misses within 24 hours of the incident. Near misses may be investigated by the Co-Chair, or trained members of the Joint Health & Safety Committee, and the Health & Safety Officer. C.3.4 ReportinG Accidents, Incidents and Critical iniurv All accidents or incidents as defined herein, must be reported to the Department Head, the Joint Health and Safety Co-Chairs and copied to the CAO (for Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 8 2006 Attachment to Report COD-12-06 informational purposes), within 24 hours of the accident; as well as following Ministry of Labour reporting requirements for serious injury accidents. C.4.0 Annual Budaet CA.l JHSC Review of Annual Budoet As noted under the training to be provided to JHSC members, the JHSC will include in its annual budget recommendations, for management consideration, an amount to provide opportunity for Health & Safety basic and sector specific certification for some of the JHSC members. Opportunities will be made available for any member to request participation in the certification, on a first come first serve basis up to the approved budget amount. The annual budget request by the JHSC will be determined by Management for recommendation to Council for approval. CA.2 The JHSC will include in the annual budget recommendations, an amount to provide corporate training opportunities for areas of concern identified by the JHSC after review of the annual injury statistics. C.5.0 Review of frainino Schedule & Obiectives C.5.1 The JHSC will review as part of its normal business, the Corporate training schedule proposed for the current year. The training schedule will be developed by the Health & Safety Officer. The JHSC may make recommendations for inclusion of certain training opportunities, in the annual training schedule. C.6.0 Review of Iniury Statistics C.6.1 The Joint Health & Safety Committee will review as part of its normal business, regular updates of current injury statistics, prepared by the Corporation. The JHSC may make recommendations or comments to the Department where the injury occurred, to assist in preventing future injury or incidents. C.7.0 New Eauipment - Review C.7.1 The Joint Health & Safety Committee, upon request by any Department, will review Health & Safety material related to the use and care of new equipment which is unfamiliar to the Department. Terms of Reference Joint Health & Safety Committee - C1arington - Revised @ April 10, 9 2006 Attachment to Report COD-12-06 The Co-Chairs, Health & Safety Officer, and if appropriate, a representative from the Purchasing Division, may be invited to pre-inspections or training for new or unfamiliar equipment. The Co-Chairs, Health & Safety Officer, and Purchasing may request a review of new or unfamiliar equipment, and the responding Department will provide at a mutually agreeable time. D. JOINT HEALTH & SAFETY COMMIITEE MEETINGS 0.1 Schedule of Meetinas The Co-Chairs will jointly create a schedule of meetings to be held during the year. The schedule will be circulated to all members. The schedule will form part of the recorded minutes of the JHSC. 0.2.0 Quorum The Joint Health & Safety Committee shall have a quorum of (50%+ 1) members or alternates present in order to conduct business. The additional one (1) must be from the worker representative. One (1) Co-chairperson must be present in order to conduct business and chair the meeting. 0.3.0 Aaenda & Items Considered D.3.1 Aqenda The Co-chairperson will jointly prepare an agenda and forward a copy of the agenda to all Joint Health & Safety Committee members at least one (1) week in advance of the meeting. D.3.2 Issues/Items to be Considered The Joint Health & Safety Committee may only consider such occupational health and safety issues as have been listed on the agenda or have been agreed upon in advance by the two (2) Co-chairpersons. D.3.3 Resolutions for Recommendations Normal business items raised from the agenda in meetings will be dealt with on the basis of an informal consensus vote. Recommendations from the Joint Health & Safety Committee, and matters deemed by the JHSC to warrant being recorded in Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 10 2006 Attachment to Report COD-12-06 the minutes will be put forward as a recorded motion which will be voted on by the JHSC and approved on the basis of majority. All items that are resolved are not required to be recorded in the minutes. D.3.4 Unresolved / Outstandina Items from Aaenda or Meeting Unresolved or outstanding items will be reported in the minutes and will be placed on the agenda for the next meeting. 0.4.0 Lenath of Meetina Monthly Joint Health & Safety Committee meetings should not exceed 2 hours in length unless an urgent matter is being discussed, or as agreed by a majority of the members present at the JHSC meeting, or if 24 hours notice is provided in advance of the meeting. Remaining agenda items should be deferred to the next meeting. 0.5.0 Entitlement of Members D.5.] Compensation All time spent in attendance at Joint Health & Safety Committee meetings or activities in relation to the function of the Joint Health & Safety Committee will be paid for at the members' appropriate rate of pay for performing work, in accordance with the Act, and the time spent is to be considered as time at work. D.5.2 Time for Preparation JHSC members shall be entitled to one (]) hour or such longer period of time as the Joint Health & Safety Committee determines is necessary to prepare for each Joint Health & Safety Committee meeting. These Terms of Reference are endorsed by signatures: signed at Ont., this day of 2006. FOR THE EMPLOYER (Non-affiliated) FOR THE WORKERS Franklin Wu, CAO President, CUPE Inside, Outside Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 11 2006 Attachment to Report COD-12-06 Co-Chair Non-Affiliated President, Fire Association, Local 3139 Co-Chair Affiliated Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 12 2006 Attachment to Report COD-12-06 w, '" N N,N N N N N:N,~:~I~ ~:~I~ ~;~,~'~ WI~',~;m,~ ~ W'NI~ _~'m~__~'~'~J~'~;_~l-~r~_;mj~,_~_;__~I~~lOt :~,L-j _ _I . 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