HomeMy WebLinkAboutCOD-049-06
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Cl~mgton
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
September 18, 2006
Resolution #: GPA - 3'/'l- Db
Report #: COD-049-06
File #:
By-law #:
Subject:
Joint Health and Safety Committee - Revised Terms of Reference for the Structure
& Function of a Multi-Workplace Joint Health and Safety Committee
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-049-06 be received;
2. THAT the revised Terms of Reference (Attachment #1) to be endorsed by the C.U.P.E.
Local 74 President for Inside and Outside; International Association of Fire Fighters Local
3139 President, the two Co-Chairs of the Joint Health and Safety Committee and the
Chief Administrative Officer, be endorsed by Council;
3. THAT future amendments to the Terms of Reference be authorized by approval of the
Chief Administrative Officer, in consultation with the Joint Health and Safety Committee
where appropriate, provided that the intent of the attached Terms of Reference is
maintained;
4. 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 approval;
5. THAT a copy of this Report with attachment #1 Terms of Reference, be submitted to the
Ministry of Lab r for review and endorsement.
Submitted by: Reviewed
ne Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Franklin Wu
Chief Administrative Officer
~. Culc
MM/SS/BT/gj
Attachment #1 - Terms of Reference
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
REPORT NO.: COD-049-06 PAGE 2
______________________________________________________________________
BACKGROUND
1.0
1.1 In April 2006, Council approved all recommendations outlined in Report COD-
012-06 – Joint Health and Safety Committee – 2006 Update – Terms of
Reference and Continuous Improvement Plan. As approved, staff submitted a
copy of Report COD-012-06 and Terms of Reference to the Ministry of Labour for
review and endorsement. Since that time, the Ministry has verbally responded to
staff with a number of recommendations for inclusion within the Terms of
Reference. Staff has reviewed those recommendations and have revised the
Terms of Reference to meet the criteria. Some of the changes substantially alter
the intent and therefore, Council endorsement of the revised Terms of Reference
is required.
1.2 The Occupational Health & Safety Act requires a Joint Health and Safety
Committee at any workplace where there are 20 or more employees. However,
the Ministry of Labour will permit one Joint Health and Safety Committee were
there is an approved Terms of Reference for the Structure and Function of a
Multi-Workplace Joint Health and Safety Committee provided there is appropriate
worker representation at all of the employer’s workplaces. The Terms of
Reference prepared and submitted to the Ministry addresses these situations for
the Municipality at all municipal workplaces.
2.0 COMMENT
2.1 A number of the revisions to the Terms of Reference are minor in nature. In
most cases, they are our normal practice; however, the Terms of Reference must
make reference to these practices to ensure awareness and compliance;
?
Confirm posting of all approved minutes and Ministry orders on all Joint
Health and Safety Committee (JHSC) bulletin board.
?
Ensure that all alternate members of the JHSC are eligible to attend all
regularly scheduled meetings of the Joint Health and Safety Committee.
?
Ensure that compensation for mileage is provided to a member of the JHSC
in the performance of the JHSC responsibilities (attending JHSC meetings
and conducting JHSC inspections.)
?
Change of title from Health and Safety Officer to Corporate Safety and Project
Manager and related reporting structure.
2.2 Other notable changes include:
?
If a member of the JHSC is unable to attend a regularly scheduled meeting, it
is there responsibility to make every effort to arrange for an alternate member
of the JHSC to attend the meeting and to advise the Co-Chairs accordingly.
?
Increase the number of certified members from two (2) to four (4) making
every effort to ensure representation from Operations Department,
Community Services Facilities, Municipal Administration Centre and
Emergency and Fire Services.
?
Identify the workplace inspection schedule within the Terms of Reference.
REPORT NO.: COD-049-06 PAGE 3
______________________________________________________________________
?
Identify the process for worker inclusion in the event of a Ministry of Labour
inspection or investigation.
?
Identify the process for obtaining resource persons to assist or advise the
Joint Health and Safety Committee when required.
?
Identify a process for dispute resolution of JHSC agenda items.
?
Inclusion of Appendix 1 and 2 to the Terms of Reference which identifies all
Municipality of Clarington workplaces and the number of workers at each site.
?
Inclusion of the Municipality’s Right to Refuse Unsafe Work Policy within the
Terms of Reference (Appendix 3 of the Terms of Reference.)
SUMMARY
3.0
3.1 Once endorsed by Council, C.U.P.E. Local 74, International Association of Fire
Fighters Local 3139 and the Chief Administrative Officer, the Terms of Reference
will be resubmitted to the Ministry of Labour for review and endorsement.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506
Attachment # 1 to Report COD-49-06
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
H:\ WORK WELL AUDIT 2005\#3 TERMS OF REFERENCE FOR HEALTH SAFETY 2006 - MoL Rev 1.doc
Revised @: May 5, 2006 [CAO approved changes: A.5.0, B.1.2, B.1.3, B.5.2,C.1.2]
Revised September 07,2006 (MoL) Rev 1.3
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAO Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report COO-49-06
1
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.a Aareement of Parties
A.1.1 Mutual Aqreement
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 Ministrv of Labour - Right 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 Aqreement - 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.a 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.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report CDD-49-06
2
A.3.0 Confidential Information
A.3.1 Medical or trade secret information will be kept confidential by all Joint Health & Safety
Committee members.
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 Chanoes to Terms of Reference
AA.l 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.
AA.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 required.
AA.3 Posting of ChanGe 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.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAO Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report COD-49-06
3
AA.4 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.
A.5.0 ProQram to Communicate Health & Safety Information
A.5. Each Department will include in staff meetings, Health and Safety items for discussion, on a
regular basis or as Health & Safety Corporate or Departmental items arise. Minutes should be
recorded and maintained in the Department for review of the Health & Safety matters by the
Corporate Safety and Project Manager as requested.
The Corporate Safety and Project Manager will co-ordinate with the Co-chairs(s), the inclusion of
Health and Safety tips or messages, to attach to pay cheques for all employees, or posting on the
internal intranet, as the need arises, but at least semi annually.
The Joint Health & Safety Committee may make recommendations to Department Heads, on
pertinent Health & Safety items that might be considered for discussion at Departmental
meetings.
Health & Safety items that are considered by the JHSC to be of an urgent or important nature
may be communicated to all employees by means of the intra net, e-mail system or posting on
the JHSC bulletin boards. These messages will generally be issued from the Employer through the
CAO's office, or jointly from the Corporate Safety and Project Manager and/or JHSC Co-chair(s)
after consultation with the CAO.
Progress of the Communication Program, or issues dealt with through the Program, may be
reported to the employees through the intranet, e-mail system and/or through Health and Safety
messages, or Departmental meetings.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
4
B. JOINT HEALTH & SAFETY COMMITTEE STRUCTURE
8.1.0 JHSC Membership & 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.
The Union/Association will be responsible to nominate or select representatives if there are
insufficient volunteers to sit as a JHSC member.
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.
The CAO will appoint Non-Affiliated representatives if there are insufficient volunteers to sit as a
JHSC member.
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.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10/ 2006
CAD Amendments May 5/ 2006
MoL Amendments - September 07/ 2006 - Attachment to Report CDD-49-06
5
B.1.6 Meetinq Attendance
Members are encouraged to attend all JHSC on a regular basis. If however, a member is unable
to attend the regularly scheduled meeting, the member shall make every effort to ensure an
alternate will be in attendance and advise the co-chairs. Alternate members are entitled to
attend all meetings of the JHSC.
B.1 .6 Postinq 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 attend all Joint Health and Safety
Committee meetings as an observer or for purposes of providing direction and guidance.
8.3.0 Corporate Safety and Proiect Manaaer Position
B.3.1 Advisory Role
The Corporation's Corporate Safety and Project Manager 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 Human Resources Manager of the Corporate Services Department.
Health & Safety matters will be reviewed with the Human Resources Manager, and the position
will advise and co-ordinate activities with the Co-Chairs of the Joint Health & Safety Committee.
Terms of Reference Joint Health & Safety Committee - Revised @ April 1 a, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
6
B.3.5 Responsibilities -Investiqations, Co-Ordination of Traininq & Other
The Corporate Safety and Project Manager will be advised of all accidents, and will. whenever
possible, attend with members assigned to investigate accidents.
The Corporate Safety and Project Manager will be responsible for Corporate co-ordination of
Health & Safety training, and other Health & Safety related matters for the Corporation.
B.3.6 Departmental Traininq
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 Corporate Safety
and Project Manager. The Corporate Safety and Project Manager 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
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 & Responsibilities - 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.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report CDD-49-06
7
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.
The JHSC will ensure that at least two sitting representatives of the Worker Member group and the
Non-Affiliated group are certified. Every effort will be made to ensure there will be a certified
member representing workplaces from Emergency and Fire Services, Operations Department,
Community Services (Facilities) and the Municipal Administration Centre.
C. JOINT HEALTH & SAFETY COMMITTEE FUNCTIONS
C.l.0 JHSC Mandate
C.l.l 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) Workplace 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 & Trainino: 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) Reoulations: 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.
C.l.2 Recommendations to Employer by Worker Representative or JHSC
The JHSC and/or a Health & Safety Worker Representative may make recommendations to the
Employer (CAO or Designate) for the purpose of making positive and lasting changes relating to
health and safety matters in the workplace, and work practices and standards that have not
been able to be addressed by the immediate supervisor with the assistance of the JHSC, or
matters that are outside of the JHSC mandate.
Any active member of the JHSC, or the JHSC as a whole with the endorsement of the Co-chairs
may submit the above recommendations to the Employer. Any employee may also submit
recommendations through any member of the JHSC.
Recommendations above should be submitted in writing with all supporting information pertaining
to the recommendation (ie studies, investigations etc).
Recommendations should be submitted to the Employer as soon as reasonably possible.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 8
CAO Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report COD-49-06
C.l.3 Riqht to Refuse Unsafe Work
A worker shall follow the steps outlined in the prevailing Corporate Policy E26 - Right to Refuse
Unsafe Work when he/she is unable to resolve their concerns with their Supervisor by contacting
their safety representative, certified committee member, JHSC co-chair or Corporate Safety and
Project Manager.
C.2.0 Workplace Inspections
C.2.1 Inspection Schedule
The Co-Chairs of the JHSC shall develop an inspection schedule and assign worker members to
complete workplace inspections. 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.
C.2.2 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.
Where and when possible, a management person shall accompany the worker member.
C.2.3 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.2.4 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.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report CDD-49-06
9
C.2.5 Uraent 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.2.6 Outstandinq Items
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.2.7 Time Permitted to Conduct Inspections
Joint Health & Safety Committee members shall be entitled to one (1) hour (plus reasonable travel
time) or such longer period of time as the Joint Health & Safety Committee determines is
necessary to conduct workplace inspections.
C.2.8. Ministry of Labour Inspections
In the event of a Ministry of Labour Inspection or Investigation, the Chief Administrative Officer,
Department Director, JHSC Co-chairs, and the Corporate Safety and Project Manager will be
advised.
At the discretion of the Ministry Inspector, the CAO, Department Head, JHSC Co-Chairs,
Corporate Safety and Project Manager, and certified member of the affected area will be invited
to attend the inspection or investigation.
In the event the inspection is complaint based, the affected worker will be included at the
discretion of the Ministry of Labour Inspector.
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.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAO Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report COO-49-06
10
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 Corporate Safety and Proiect Manaqer
The Co-Chairs will be advised of workplace accidents and assign member(s) who are trained, to
investigate and fill in appropriate documents.
The Corporate Safety and Project Manager 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 Reportinq of Near Miss Accidents/Incidents
All near misses must be reported on an incident report. The Co-Chairs and the Corporate Safety
and Project Manager 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 Corporate Safety and Project Manager.
C.3A Reportinq 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 informational purposes), within 24 hours
of the accident: as well as following Ministrv of Labour reporting requirements for serious injury
accidents.
C.4.0 Annual BudQet
CA.l JHSC Review of Annual Budqet
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.
Terms of Reference Joint Health & Safety Committee - Revised @ Apri/l0, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
11
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 Trainino Schedule & Objectives
C.S.l 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 Corporate Safety and Project
Manager.
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.
The Co-Chairs, Corporate Safety and Project Manager, and if appropriate, a representative from
the Purchasing Division, will be invited to pre-inspections or training for new or unfamiliar
equipment.
The Co-Chairs, Corporate Safety and Project Manager, and Purchasing may request a review of
new or unfamiliar equipment, and the responding Department will provide at a mutually
agreeable time.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
12
D. JOINT HEALTH & SAFETY COMMITTEE MEETINGS
0.1.0 Schedule of Meetinos
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
0.3.1 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.
0.3.2 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.
0.3.3 Resource Speakers
In addition to the C.A.O., resource persons or speakers may be invited by the co-chairs to attend
a JHSC meeting where an agenda or unresolved item requires additional expertise or comment.
0.3.4 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 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.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
13
D.3.5 Unresolved / Outstandinq Items from Agenda or Meetinq
Unresolved or outstanding items will be reported in the minutes and will be placed on the
agenda for the next meeting.
Items that remain unresolved after the third meeting discussion, will be referred to the Co-Chairs
and Corporate Safety and Project Manager for review and a recommended resolution to the
JHSC.
D.3.6 Posting of Minutes
Following the meeting, draft minutes will be circulated to all members of the JHSC for review; to
be approved at the next subsequent meeting of the JHSC. Following approval of the minutes, the
minutes will be posted on the JHSC bulletin board and corporate intranet.
0.4.0 Lenoth of Meetino
Monthly Joint Health & Safety Committee meetings should not exceed 2 hours in length (plus
reasonable travel time) 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.5.1 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. Where employees are required to use their personal vehicles for
inspections purposes, the employee will be compensated at the current rate paid for mileage.
D.5.2 Time for Preparation
JHSC members shall be entitled to one (1) 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:
Terms of Reference Joint Health & Safety Committee - Revised @ Apri/l 0, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report CDD-49-06
14
signed at Clorington Ont., this
day of
2006.
FOR THE EMPLOYER
(Non-affiliated)
O.k<Jf2~
FOR THE WORKERS
Franklin Wu, CAO
,
A~:N~-~lia: ·
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
15
Appendix A - Workplace Sites
Location Address Employees Department Function
Animal Services 33 Lake Road, 6 Clerks Department Animal Control and
Bowmanville Pound
Bowmanville Indoor 2375 Baseline Road 8 Community Services Recreation Facility
Soccer Bowmanville Department Indoor Soccer
Bowmanville 1330 Haines Street 2 Operations Cemetery Operations
Cemetery Bowmanville Department
Clarington Fitness 49 Liberty Street N 25 Community Services Recreation Facility
Centre Bowmanville Department Indoor Pool
Courtice Community 2950 Courtice Road N. 50 Community Services Recreation Facility
Complex Courtice Department Indoor Pool & Fitness Ctr
Darlington Sports 2276 Taunton Road 8 Community Services Recreation Facility
Complex Hampton Dept. (Seasonal) Indoor Arena
Fire Station 1 (HQ) 2430 King Street West 30 Emergency and Fire Fire Station and
Bowmanville 25 volunteer Services Department Administration
Fire Station 2 247 King Street East 25 volunteer Emergency and Fire Fire Station
Newcastle Services Department (Volunteer)
Fire Station 3 5708 Main Street 25 volunteer Emergency and Fire Fire Station
Orono Services Department (Volunteer)
Fire Station 4 2611 Trulls Road 16 Emergency and Fire Fire Station
Courtice 25 volunteer Services Department
Fire Station 5 2354 Concession Road 8 25 volunteer Emergency and Fire Fire Station
Enniskillen Services Department (Volunteer)
Garnet B. Rickard 2440 King Street West 40 Community Services Indoor Arenas and
Recreation Complex Bowmanville Department Community Hall
Hampton 2320 Taunton Road 30 Operations Roads, Parks and Fleet
Operations Ctr Hampton Department Services Operations and
Administration
Municipal 40 Temperance Street 126 Main Administrative
Administration Bowmanville Offices
Centre
Newcastle Aquatics 1780 Rudelle Road 40 Community Services Indoor Aquatics and
Facility Newcastle (Openinq Fall 2007) Community Halls
Newcastle Lions 373 Beaver Street 12 Community Services Outdoor Aquatics
Outdoor Pool Newcastle Department (Seasonal)
Orono Operations Taunton Road 10 Operations Roads and Parks
Centre Orono Department Operations
Orono Park Outdoor 61 Princess Street 12 Community Services Outdoor Aquatics
Pool Orono Dept. (Seasonal)
South Courtice 1595 Prestonvale Road 40 Community Services Indoor Arenas and
Arena Courtice Department Community Halls
Tourist Information 181 Liberty Street South 3 Corporate Services Tourist Information and
Centre Bowmanville Department Reception
Yard 42 2178 Regional Road 42 6 Operations Roads and Parks
Bowmanville Department Operations
Part time Staff Various Locations 79 Communitv Services Proaram Staff
Crossing Guards Various Locations 36 Planning Department School Crossings
See APPENDIX B
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
16
Terms of Reference for the Structure of a Multi-Workplace Joint Health & Safety Committee
Appendix B - Workplace Locations - Crossing Guards
Location School Served
Ontario Street north of Victoria Street, B'ville Ontario Street Public School
(Mid block) (623-5437)
Corner of Liberty Street (14) and Jane Street, B'ville Ontario Street Public School
(IPS) (623-5437)
Corner of Queen Street at Division Street, B'ville Bowmanville Senior Public
(Uncontrolled lnt.) (623-3323)
Corner of Mearns Avenue at Appleblossom Blvd., B'ville John M. James Public School
(Uncontrolled In1.) (697 -7817) (fax: 623-7341)
Corner of Mearns Avenue at Soper Creek Dr., B'ville Vincent Massey Public
(Uncontrolled In1.) (623-5502)
Corner of Longworth Avenue at Brooking Street, B'ville Harold Longworth Public School
(future uncontrolled In1.) (623-3682)
Corner of King Street at Simpson Avenue, B'ville Vincent Massey Public School
(SiQnalized) (623-5502)
Liberty Street (14) at Church Street, B'ville Vincent Massey Public School
(Uncontrolled Int.) (623-5502) (REC'O FLASHING SIGN)
Liberty Street (14) at Longworth Avenue, B'ville S1. Elizabeth Separate School
(Uncontrolled In1.) (697-9155)
(REC'O FLASHING SIGN)
Scugog Street at Jackman Road, B'ville S1. Elizabeth Sep. Schools
(Uncontrolled In1.) Lord Elgin Public
(697 -9155)
Longworth Avenue at Clayton Crescent, B'ville S1. Elizabeth Sep. School
(Uncontrolled Int.) (697 -9155)
Waverley Road at Lawrence Gate (near mall), S1. Stephens Sep. School
B'ville(near Mall) (Uncontrolled lnt.) (623-3202)
Waverley Road, north of Rhonda Blvd., B'ville Waverly Public School
(Midblock) (623-4323)
Rhonda Blvd. at Rossalynne Street, B'ville Waverly Public School
(Uncontrolled Int.) (623-4323)
Tunnel under Hwy. 57 Waverly Public School!
S1. Stephens Sep. Public School
(623-4323)
West Side Drive, south of Bottrell Street! Bannister Dr. Ross Tilley Public School
Street, B'ville (Uncontrolled In1.) (623-3841 )
Durham Highway 2 at Newtonville Road 18, Newtonville Newtonville Public School
(Uncontrolled In1.) (786-2550)
Mill Street (17) at Robert Street, Newcastle Public School
Newcastle (IPS) (987 -4262)
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
17
King Avenue East at Harmer Walkway, Newcastle Newcastle Public School
(Mid block) (987 -4262)
Edward Street at Glass Crt., Newcastle Newcastle Public School
(Uncontrolled Int.) (987-4262)
Edward Street south of Rudell Road, Newcastle St. Francis of Assissi Separate Public School
(Mid block) (987-4797)
Prestonvale Road at Claret Road, Courtice Dr. Emily Stowe Public
(All way stop) (433-8747)
Robert Adams Drive at Whittaker walkway, Courtice Dr. Emily Stowe Public
(Midblock) (433-8747)
Meadowglade Road at Robert Adams Drive, Courtice( ) Dr. G.J. MacGillivray Public
(Uncontrolled Int.) (436-2054)(REC'D FLASHING SIGN)
Nash Road west of Cherryblossom, Courtice S.T. Worden Public School
(Mid block) (436-0715)
Glenabbey Drive (in front of Mother Teresa Sep. Mother Teresa Separate
School), (between Robert Adams Dr. and Auburn Lane), (433-5512)
Courtice (Midblock)
Nash Road (between Richfield Sq. and Fourth Street), Courtice North Public
Courtice(Midblock) (436-2055)
Nash Road at Trulls Road, Courtice Courtice North Public School
(All way stop) (436-2055)
Courtice Road (34) at Moyse Drive, Courtice Courtice North Public School
(Uncontrolled Int.) (436-2055)
Avondale Drive at Brownstone Crescent, Courtice Lydia Trull Public School
(Uncontrolled Int.) (438-9648)
Trulls Road south of Sandringham Drive, Courtice Lydia Trull Public School
(Midblock) (438-9648)
Trulls Road at Avondale DriveNorkville Ave., Courtice Good Shepherd Sep. School
(Uncontrolled Int.) (404-9868)
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAO Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report COD-49-06
18
Terms of Reference for the Structure & Function ofa Multi-Workplace Joint Health and Safety Committee
Appendix C
mIniS ra Ive an orpora e o ICIeS
SUBJECT: HEAL TH AND SAFETY APPROVED By:D Council
RIGHT TO REFUSE UNSAFE WORK r8J C.A.O.
SECTION: E SUBSECTION: E26 DA TE APPROVED: DA TE UPDATED:
June 27, 2006
APPLlCA TION: r8J All Employees D Non-Affiliated Employee
D Affiliated Employee D Other:
Municipality of Clarington
Ad . . t f d C t P r
PROCEDURE
PURPOSE:
To provide a clear understanding of the responsibility and procedures involved in exercising a worker's right to refuse
unsafe work under the Occupational Heath and Safety Act. Under certain conditions, the OH&S Act gives individual
workers the right to refuse to work if they have reason to believe the equipment being used; or the workplace
environment; or combination of both is likely to endanger the worker or co-worker(s).
EXCEPTIONS: The following have a limited right to refuse or stop work due to dangers in health and safety:
full-time or a volunteer firefighter as defined in the Fire Protection and Prevention Act
employees who have a responsibility to protect public safety or where the refusal or stoppage would
endanger the life, health or safety of another person, they may only refuse to work when a machine, tool,
piece of equipment or work station is likely to endanger the worker.
WORK STOPPAGES - The Right to Refuse Unsafe Work
PROCEDURES Sec. 43 (3) (*see chart)
I. A worker may refuse to work or do particular work where he or she has reason to believe that:
i) any equipment, machine, device or thing the worker is to use or operate is likely to endanger
himself, herself or another worker;
ii) the physical condition of the workplace or the part thereof in which he/she works or is to work, is
likely to endanger himself or herself; or
iii) any equipment, machine, device or thing he/she is to use or operate, or the physical condition of the
workplace or the part thereof in which he/she works or is to work is in contravention of the Act or
the regulations and such contravention is likely to endanger himself/herself or another worker.
BILATERAL WORK STOPPAGE (*see chart)
2. When two joint health and safety committee Certified Members agree that a dangerous circumstance exists,
they have the ability to direct the senior workplace manager or supervisor to stop work.
DANGEROUS CIRCUMSTANCES
3. The term "dangerous circumstances" is defined under Section 44 of the Occupational Health and Safety Act.
The Act entitles a Certified Committee Member to investigate a complaint from an employee that a
"dangerous circumstance" is present. The Act defines a "dangerous circumstance" as a situation in which:
i) a provision of the Act or the regulations is being contravened;
ii) the contravention poses a danger or a hazard to a worker; and
iii) the danger or hazard is such that any delay in controlling it may seriously endanger a worker.
Terms of Reference Joint Health & Safety Committee - Revised @ Apri/l 0, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
19
RIGHT TO REFUSE UNSAFE WORK
Steps to Follow:
1. Worker reports problem to supervisor and remains in a safe place.
II. Supervisor, worker's safety representative or committee member and worker, investigate situation.
iii. Worker returns to work if he/she deems situation no longer dangerous.
If parties reach an impasse:
1. Worker continues to refuse if reasonable grounds remain.
11. Worker stays in a safe place, unless assigned alternative work.
Ill. Supervisor will contact the Department. If the impasse remains, a Ministry of Labour Inspector may be requested
by worker, worker's safety representative or employer, to investigate the refusal.
IV. Inspector conducts investigation in consultation of all parties.
v. Inspector issues written decision.
VI. Worker returns to work following the completion of required action.
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report CDD-49-06
20
WORK REFUSALS/STapp AGES
THE RIGHT TO REFlJSE lJNSAFE WORK
As described under the Ontario Occupational Health and Safety Act
Worker believes work is unsafe
Worker immediately informs
supervisor of situation
Supervisor agrees and takes
corrective action to eliminate hazard
I Resumotion of Work
Following investigation, supervisor agrees and Supervisor does not immediately
takes corrective action or agreement that work agree and investigates the situation
is safe ~
~ with Certified worker member of
Joint Health and Safety Committee
I
Following investigation by CAO/HR: .-
agree and take corrective action or Dispute: worker has reasonable
agreement that work is safe. Ifno grounds to believe work is unsafe
agreement, CAO contacts Ministry of
Labour. +
Supervisor notifies Department Head
Pending results ofHR/CAO or MOL or designate, CAO, and the Human
investigation, the worker remains in a safe Resources Division to investigate
location near the work station or is further.
assigned reasonable alternative work by
the employer
----- Ministry of Labour (MOL) is
immediately notified
I
+
The employer, Department Head/Designate, Safety Officer,
Manager, the worker and the Joint Health & Safety
Committee Certified worker member are present at
investigation by MOL
Pending results of MOL
investigation, another ,
worker may be assigned The employer, the worker and the JHSC Certified
the work but he or she must
be advised of the work worker member receive MOL inspector's decision
refusal and the underlying I
reasons in the presence of Resumotion of work
the Certified worker
member i
Terms of Reference Joint Health & Safe~ Corrective action as required I ..,,,,,,..
21
CAD Amendments May 5, 2006
MoL Amendments - September 07, 2006 - Attachment to Report CDD-49-06
8. WORK REFUSALS/STOPPAGES
BILATERAL WORK STOPPAGE
I STEP I I Certified member has reason to believe dangerous
circumstances exist or has received a complaint
I that such exists
I
Certified member requests supervisor investigate Certified member
I STEP 2 entitled to time
I matter in hislher presence with pay
I
If not satisfied with supervisor's decision, certified Certified member
I I member may request second certified member entitled to time
STEP 3 I
(management or worker, whichever the first is not) with pay
to investigate also
I I I f both certified members agree a dangerous If both do not agree,
STEP 4 I condition exists, they may direct the employer to HRlCAO may be
stop work involved req uested to
investigate
I I Employer complies with direction and takes steps I
STEP 5 I to remedy condition If CAO/HR do not
agree, inspector may
be requested to
investigate
STEP 6
Employer requests certified member or inspector
cancel direction
STEP 7
Certified members jointly, or inspector, cancels
direction
STEP 8
I
Employer, members, etc. may appeal inspector's
order to adjudicator or file complaint that certified
member acted recklessly or in bad faith in making
or not making direction to stop work
I
Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006
CAD Amendments May 5, 2006
MoL Amendments - September 07,2006 - Attachment to Report CDD-49-06
22