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HomeMy WebLinkAboutAdmin-5-96t t Meeting: Date: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1 0 1 3:1 * : - a 14. .. I GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MARCH 18, 1996 Report #: - ADMIN -6-5. le #: Subject: JOINT HEALTH & SAFETY COMMITTEE ANNUAL REPORT File # Res. # By -Law # Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No. ADMIN -05-96 be received; 2. THAT By-laws 92-112, By-law 92-113 and 94-023 be repealed; 3. THAT the attached By-laws be forwarded to Council for approval; and 4. THAT the approval be subject to the approval of the Minister of Labour. 1.0 BACKGROUND: 1.1 On April 13,1992, Council passed By-law 92-112 which adopted a Health and Safety Policy and a Health and Safety Program and passed By-law 92-113 which established two Joint Health and Safety Committees. In February 1994, Council reviewed and amended the written Occupational Health and Safety Policy as required by the Occupational Health and Safety Act. 2.0 REVIEW AND COMMENTS: 2.1 The purpose of this report is to advise Council about the activities and achievements of the existing Committees and recommend to Council a revised policy and program. 2.2 The revised program has been reviewed by the Chief Administrative Officer and Department Heads, both Joint Health and Safety Committees, posted on all employee bulletin boards, Ministry of Labour and the Total Quality Management Committee. Both Health and Safety Committees have recommended approval of the policy, program and terms of references. 2.3 The significant change is to amalgamate the two Health and Safety Committees into one Corporate Committee. This recommendation will help reinforce a strong Corporate commitment to all employees in the various workplaces and will allow the Committee to operate more efficiently and better utilize training opportunities. ../2 RECYCLED PAPIER PAPER '!RECYCLE S REPORT ADMIN -05-96 - 2 - MARCH 18, 1996 2.4 The new program is a current reflection of the issues in the workplace and requirements under the Occupational Health and Safety Act. The program is ambitious but it will allow the opportunity for the Committee to establish goals and objectives and report to Council in 1997 as part of their annual review. 2.5 The Terms of Reference are required as we require the Ministry of Labour's approval of a multi workplace committee. 3.0 ACTIVITIES OF THE JOINT HEALTH AND SAFETY COMMITTEES: We would like to report, on the following accomplishments:; - regular meetings of the Committee with minutes circulated and posted. - regular workplace inspections - six members certified as required under previous legislation - fire drills - improved maintenance of first aid kits - reduction in ergonomics accidents - Job Hazard Analysis of the Parks Operations Centre and Fitness Centre - working in partnership with Ministry of Labour and regulations affecting arena operating plants - air quality testing at the Fitness Centre - improvement to contractor's understanding of Health and Safety matters - a procedure manual for Committee members - implementation of Safety records with contractors as part of their submissions improvement to the Parks Operations Centre workplace - ultraviolet radiation procedures for outside workers - review of the Young Workers Awareness Campaign - continued training and employees awareness - first aid training courses - bucket truck safety courses - personal protective equipment guidelines - fleet training requirements - signage for heavy equipment operation 4.0 MINISTERIAL APPROVAL: 4.1 The terms of reference will be sent to the Minister of Labour for her review and approval of a multi -workplace Joint Health and Safety Committee if Council accepts the recommendations. 5.0 ATTACHMENTS: The following attachments represents the recommendations of the Joint Health and Safety Committee. All parties in the workplace have been consulted and have agreed with the proposed amalgamated Committee. ATTACHMENT NO. 1 BY-LAW RE: JOINT HEALTH AND SAFETY COMMITTEE ATTACHMENT NO. 2 BY-LAW RE: POLICY AND PROGRAM ATTACHMENT NO. 3 BY-LAW RE: TERMS OF REFERENCE r t' REPORT ADMIN -05-96 - 3 - Respectfully submitted, V J Fred-111rvath, Property Manager Co -Chair }.Yu 24 t� e�- Andy Gryg, r Chair Affiliated ken Sherwood, Co -Chair, Public Works 0611. Phil Broome, Co -Chair, Public Works FH:sa Attachment Reviewed by, W. H. Stockwell, Chief Administrative Officer MARCH 18, 1996 ATTACHMENT NO. 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 96 - Being a By-law to cause a Joint Health and Safety Committee be established and maintained in accordance with the Occupational Health and Safety Act and to cause workers at various workplaces to select Health & Safety representatives for the purposes of the Act and to repeal By-law 92-113. WHEREAS, By-law 92-113 established the composition of the Joint Health and Safety Committees in accordance with the Occupational Health and Safety Act. WHEREAS, the Corporation of the Municipality of Clarington has been supportive in the establishment and maintenance of those Committees. WHEREAS, the Corporation must review annually the policy and program of the Health and Safety Committee. NOW THEREFORE, the Council of the Municipality of Clarington enacts as follows: 1. Pursuant to subsection 9(4) of the Occupational Health and Safety Act RSO 1990 C01, a Joint Health and Safety Committee is hereby established and shall be maintained representing all workplaces where municipal employees are found. 2. The Joint Health and Safety Committee shall consist of a minimum of ten persons to a maximum of fourteen including two persons, each from the Fire Department and Public Works (outside workers). 3. 50% of the Committee must be persons who do not exercise managerial functions each of whom shall be selected by the relevant trade union or the Clarington Professional Association of Fire Fighters. 4. Co -Chairs of the Joint Health and Safety Committee shall be appointed by the' members of the Committee in accordance with the Occupational Health and Safety Act. 5. The Joint Health and Safety Committee shall perform the responsibilities and exercise the rights provided by the Occupational Health and Safety Act. 6. The Corporation requests the Canadian Union of Public Employees Local 74, that represents workers who do not exercise managerial functions to select the required number of workers to participate on the Joint Health and Safety Committee. 7. The Corporation requests the Clarington Professional Firefighters Association Local 3139, that represents workers who do not exercise managerial functions to select the required number of workers to participate on the Joint Health and Safety Committee. 8. The Corporation requests the Non Affiliated Employees who are not associated with an association or union, to select the required number of workers to participate on the Joint Health .and Safety Committee. 9. That By-law #92-113 be hereby repealed. BY-LAW read a first time this 25th day of March 1996. BY-LAW read a second time this 25th day of March 1996. BY-LAW read a third time this 25th day of March 1996. ATTACHMENT NO. 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 96 - Being a By-law to establish an Occupational Health and Safety Policy and an Occupational Health and Safety Program as required by the Occupational Health and Safety Act and to repeal By-law #92-112 and #94-023. WHEREAS, the Corporation of the Municipality of Clarington is committed to providing a healthy and safe work environment for all personnel. And whereas the Occupational Heath and Safety Act requires each employer in the Province of Ontario to prepare and review at least annually a written Occupational Health and Safety Policy and to develop and maintain a program to implement that policy. NOW THEREFORE, be it enacted by the Council of the Corporation of the Municipality of Clarington as follows: 1. The Health and Safety Policy, the Health and Safety Program, and the Terms of Reference contained in Schedule A, B and C respectively, which are attached to and form a part of this by-law, are hereby adopted as the Municipality of Clarington's Health and Safety Policy and Health and Safety Program. 2. That By-laws #92-112 and #94-023 be hereby repealed. 3. This by-law shall come into force and take effect on May 1 st, 1996 subject to the approval of the Ministry of Labour. BY-LAW read a first time this 25th day of March 1996. BY-LAW read a second time this 25th day of March 1996. BY-LAW read a third time this 25th day of March 1996. MAYOR CLERK SCHEDULE A MUNICIPAL HEALTH & SAFETY PROGRAM POLICY STATEMENT The Mayor, Council and Management of the Corporation of the Municipality of Clarington are committed to the Health & Safety of its workers. This policy applies to all workplaces of the Corporation. The corporation will provide and maintain a safe & healthy work environment in compliance with the Occupational Health & Safety Act and all pertinent regulations. Protection of workers from injury or occupational disease is a major continuing objective. At all workplaces it is the responsibility of management to fulfil the commitments set forth in this policy. All workers must protect his/her own safety and must personally conduct themselves in a manner which will promote safe work practices and procedures. SCHEDULE B Municipal Health and Safetv Program The Municipality of Clarington will demonstrate the development, implementation and maintenance of a comprehensive health & safety program through the following initiatives. 1. Safety Manual Provide a users manual for all municipal equipment, tools and processes and identify equipment and procedures which require instruction, training or certification. 2. Compliance Promote awareness and compliance of all workers with legislation including the Occupational Health and. Safety Act and Workers Compensation Act. 3. Safety Responsibility Reinforce the Municipality's commitment to the Health and Safety Program and to establish ongoing training programs to educate employees and promote awareness and to meet regularly with workers and Council. 4. Workplace Inspections Develop a procedure for the timely reporting of dangerous situations and the implementation of corrective measures through regular workplace inspections by identifying and evaluating, potential and actual hazards to protect the worker. 5. Accident Investigation Procedure The development of appropriate accident investigation procedures is the responsibility of all Department Heads and/or designates in compliance with the Occupational Health and Safety Act. Implement a thorough accident investigation procedure involving the Department Heads and the Joint Health and Safety Committee (Certified Members) to ensure a complete, objective and co-operative investigation to identify its causes and consequences and submit recommendations. ./2 -2- 6. WHMIS Develop and implement worker training programs and review procedures annually in consultation with the Joint Health and Safety Committee regarding hazardous materials in the workplace. 7. Contractor Safety To develop a policy and procedure to include minimum health and safety requirements for contractors prior to being hired by the Municipality to be consistent with municipal procedures and to include procedure for warning and/or stop work orders to be followed should any contractor violate the established requirements. 8. Workplace Harassment To develop a policy and procedure to deal with complaints by employees who feel that they are being harassed by a superior or co-worker due to race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sexual orientation, age, record of offenses ( provincial offenses and pardoned federal offenses), marital status, family status. or handicap and to include procedure for training existing and new employees. and ongoing review. 9. Personal Protective Equipment To recommend practices and procedures which will assist management and supervision in the implementation and maintenance of a successful protective equipment program. 10. Work Refusal, Work Stoppages Recommend and educate employees on procedures for work refusal and work stoppages in compliance with the Occupational Health and Safety Act. 11. Aids Awareness To develop a policy and procedure for employees that have been infected with the HIV and to assist employees in dealing with fellow workers who have been affected. 12. Recognition Recommend a recognition program where workers have demonstrated outstanding performance in the area of health and safety. ./3 -3- 13. Municipality Injury Frequency - Assessment Program Participation in a voluntary reporting program which provides relevant statistical information on a municipal service basis. SCHEDULE "C" TERMS OF REFERENCE FOR THE STRUCTURE & FUNCTION OF A MULTI -WORKPLACE JOINT HEALTH &SAFETY COMMITTEE FOR WORKPLACES LISTED IN APPENDIX "A" AS AGREED BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARI NGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74 AND CLARI NGTON PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 3139 AND THE NON AFFILIATED MEMBERS OF THE CORPORATION DATE DDEA &ADI E 1. It is a requirement of the Occupational Health and Safety Act to establish a policy which should encourage the active participation of all employees in the prevention of accidents and the promotion of occupational health and safety in the workplace. 2. The Corporation of the Municipality of Clarington, C.U.P.E. Local 74, the Clarington P.F.F.A. Local 3139 and Non Affiliated Members have established a Joint Health and Safety Committee under the Occupational Health and Safety Act and have reached an understanding as to the Terms of Reference for the composition, practice and procedure thereof. 3. The parties acknowledge that a Joint Health and Safety Program can only be successful where everyone in the workplace is committed to these responsibilities. Therefore, the parties undertake to co-operate in ensuring that these Terms of Reference and the full intent of the Occupational Health and Safety Act will be carried out by their ve respective organizations. p 4. The parties hereto adopt these Terms of Reference in good faith and agree to promote and assist the Joint Health and Safety Committee and committee members by providing such information, training and assistance as may be required for the purpose of carrying out their responsibilities. EMPLOYER W.H. Stockwell, Chief Administrative Officer Mayor Diane Hamre Patti L. Barrie, Clerk d-,reLirn w I 1.1 a) 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. b) 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. 1.2 The Joint Health and Safety Committee (referred to hereafter as the "Joint Committee") will not be empowered to amend, alter, subtract from or add to, any of the terms of the Collective Bargaining Agreement(s), 1.3 All employees will be encouraged to discuss their occupational health and safety concerns with their immediate supervisor before bringing it to the attention of the Joint Committee 1.4 Joint Committee members will ensure the factual basis of all unresolved health and safety concerns with their immediate supervisor before bringing it to the attention of the Joint Committee. 1.5 Medical or trade secret information will be kept confidential by all Joint Committee members. 1.6 The Joint Committee shall review this document, at least annually, and recommend revisions as required to ensure continued compliance with the Occupational Health and Safety Act and applicable legislation. 1.7 Any amendments, deletions or additions to these Terms of Reference must have the consensus of the total Joint Committee and shall be set out in writing and forwarded to the Municipality of Clarington, CIJPE 74 and Professional Fire Fighters Association 3139 and Non Affiliated Members and the MINISTER for comment and approval prior to being attached as an Appendix to this document. JOINT COMMITTEE STRUCTURE 2.1 The Joint Committee shall consist of 14 members; 7 members selected by the employer and 7 members selected by COPE and PFFA. Alternates may be allowed; however, they shall only be used in. situations with the approval of the Co -chairpersons. Each party will supply a listing of 5 alternates. 2.2 The Joint Committee shall meet monthly on a regularly established schedule; predetermined and approved by the Joint Committee. 'Any changes to the meeting schedule must be approved by the Co -chairpersons. 2.3 There shall be two Co -chairpersons, one (1) from the employer and one (1) from the workers who shall alternate the chair at meetings. 2.4 A Co -chairperson may invite, with the consent and approval of his/her counterpart, any additional person(s) to attend the meeting to provide additional information and comment, but they shall not participate in the regular business of the meeting. 2.5 The Joint Committee shall have a minimum of 6 certified members; 3 representing the employer and 3 representing the workers. This will be reviewed annually by the Committee. JOINT COMMITTEE FUNCTIONS 3.1 To attain the spirit of the Occupational Health and Safety Act, the functions of the Joint Committee shall be: (a) to identify, evaluate and recommend a resolution of all matters pertaining to occupational health and safety in the workplace to the Chief Administrative Officer or his designate. (b) to encourage adequate education and training programs in order that all employees are knowledgeable in their rights, restrictions, responsibilities and duties under the Occupational Health and Safety Act. (c) to address matters related to all Regulations, including WHMIS and Designated Substances where applicable; and receive all reports and portions of reports related to health and safety. (d) to deal with any occupational health and safety matter that the Joint Committee deems appropriate. Inspections 3.2 The Joint Committee members who represent workers shall designate one (1) of the members representing workers to inspect the physical condition of the workplace(s) at least once a month in accordance with a schedule established by the Joint Committee. Where and when possible, a management person shall accompany the worker member. 3.3 All occupational health and safety concerns raised during the physical inspection will be recorded on an appropriate workplace inspection form and signed by member(s) performing the inspection. 3.4 The workplace inspection form will be forwarded to the Co -chairpersons of the Joint Committee and to the appropriate department heed (or Designate) within 3 days of the workplace inspection. The appropriate department head (or Designate) will inform the Joint Committee of the status of the outstanding items by the next Joint Committee meeting. Arririantc 3.5 The Joint Committee will designate members and/or alternates if required, chosen by those they represent, to be responsible for overseeing that the requirements prescribed in Section 51 and 52 of the Occupational Health and Safety Act and Sections 5 and 6 of the Regulations for Industrial Establishments are carried out. In addition, incidents that have the potential for serious injury shall be reviewed by the members so chosen, and investigated if deemed warranted by mutual determination of the Co -chairpersons. Other 3.6 The Joint Committee will designate two (2) members and/or alternates if required, chosen by those they represent, to accompany the Ministry of Labour Inspector while carrying out Ministry inspections of the workplace. 3.7 The members of the committee representing workers shall designate a member and/or alternate if required, to attend work refusals. Senior Management will be informed in writing of the names of the worker(s) so designated. 3.8 A Joint Committee member who represents workers shall be consulted concerning proposed workplace testing strategies related to industrial hygiene, and shall be entitled to be present at the beginning of such testing. 3.9 If possible, the member(s) designated in the "Joint Committee Functions" shall be certified member(s). 10INT COMMITTEE MEETINGS Agenda 4.1 The Co -chairpersons will jointly prepare an agenda and forward a copy of the agenda to all joint Committee members at least one (1) week in advance of the meeting. 4.2 The Joint 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. 4.3 All items raised from the agenda in meetings will be dealt with on the basis of consensus and formal motions will not be used. All items that are resolved or not will be reported in the minutes and unresolved items will be placed on the agenda for the next meeting. 4.4 Committee members shall be entitled to one (1) hour or such longer period of time as the Joint Committee determines is necessary to prepare for each Joint Committee meeting. Quorum 4.5 The Joint Committee shall have a quorum of (50% +1) members present in order to conduct business. One (1) Co -chairperson must be present in order to conduct business and chair the meeting. The number of employer members shall equal the number of worker members. Minutes 4.6 The Joint Committee will designate a secretary for the meeting to take minutes and be responsible for having the minutes typed, circulated and filed within one (1) calendar week of the meeting, or as the Joint Committee may from time to time instruct. Minutes of meetings will be reviewed, edited where necessary by the Co -chairpersons, then signed and circulated to all Joint Committee members and a copy forwarded to the approved distribution list (Appendix B) (or Designate). A copy of the minutes will also be displayed in a conspicuous place in the workplace. Agenda items will be identified by a reference number, and be readily available in a proper filing system. Names of Joint Committee members will not be used in the minutes except to record attendance, or for the purpose of receiving specific direction from the Joint Committee. Recommendations 4.7 The Chief Administrative Officer and appropriate department head (or Designate) shall respond in writing within twenty-one (21) days to the Co - chairpersons with regard to written recommendation(s) of the Joint Committee by giving their assessment of the problem and outlining the person(s) responsible for resolving the matter along with a timetable for implementing the recommendations(s) with which the employer agrees. If the employer disagrees with or does not accept any recommendation(s), reasons for the disagreement will be stated. ISSUE RESOLUTION 5.1 Items unresolved by the Joint Committee after 2 regularly scheduled meetings will be referred to a committee comprised of worker, supervisor and department head as deemed appropriate by the -Joint Committee and both Co -chairpersons to attempt to resolve the outstanding issue. A written response shall be given to the joint Committee by the next scheduled meeting. JOINT COMMITTEE MEMBER ENTITLEMENTS 6.1 All time spent in attendance at Joint Committee meetings or in activities relating to the function of the Joint Committee will be paid for at the members' appropriate rate of pay for performing work, and the time spent is to be considered as time at work. Please note: these Terms of Reference provide a framework for an effective functioning Joint Health and Safety' Committee. References can be made to the Occupational Health and Safety Act and its guidebook. Signed at FOR THE EMPLOYER Ontario, this day of , 1996. W.H. Stockwell, Chief Administrative Officer Patti L. Barrie, Town Clerk FOR THE WORKERS Linda Del Grande, CUPE Ron Klosinski, LOCAL 3139 Co -Chair - Municipal Administrative Centre, Non Affiliated Co -Chair - Public Works, Non Affiliated Appendix A (Terms of Reference) Municipality of Clarington WORKPLACES Municipal Administrative Centre 40 Temperance Street Bowmanville Hampton Operations Centre 2330 Taunton Road Hampton Parks Operations Centre 33 Lake Road Bowmanville Orono Operations Centre 3585 Taunton Road Orono Garnet B. Rickard Recreation Complex 2440 Highway #2 Bowmanville Darlington Sports Centre 2276 Taunton Road Hampton Fitness Centre 49 Liberty Street North Bowmanville Ken Hooper Memorial Fire Station #1 2430 Highway #2 Bowmanville Fire Station #2 247 King Street East Newcastle Fire Station #3 5708 Main Street Orono Fire Station #4 3301 Trull's Road Courtice Fire Station #5 2354 Concession Rd. 8 Enniskillen Joint Health & Safety Committee APPENDIX B DN:JHSCCIRC.LST CIRCULATION LIST W. Stockwell Department Heads CS Dept. Bulletin Bd. PW Dept. Bulletin Bd. Fire Dept. Bulletin Bd. Planning Dept. Bulletin Bd. Treasury Dept. Bulletin Bd. Clerks Dept. Bulletin Bd. Administration Bulletin Bd. Fire Station 1 Fire Station 2 Fire Station.3 Fire Station 4 Fire Station 5 Tourism Information Centre CUPE 74 President Association 1334 President Animal Control Bulletin Bd. RRC Bulletin Bd. DSC Bulletin Bd. Fitness Centre Bulletin Bd. Orono Park Bulletin Bd. Parks Operations Centre Bulletin Bd MAC Lunch Room MAC Councillor's Room MEMBERS Frederick Horvath Jan O'Neill Howard Wight Bill Hesson Andy Gryg Heather Lynch John Maloney Kat h e Yu zwa Trent Elyea Marie Marano Alternates Sheila Roman Lou Ann Birkett Elaine Ormiston Randy Cowan Co -Chairs of Public Works Health & Safety Committee Ken Sherwood Phil Broome Ministry of Labour Representative