HomeMy WebLinkAbout92-113
., J -;..1
(:c , '
.'..1 ...
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92- 113
being a By-law to cause Joint Health and
Safety Committees for two Town of Newcastle
workplaces to be established and maintained in
accordance with the Occupational Health and
Safety Act and to cause workers at certain
other Town of Newcastle workplaces to select
Health and Safety Representatives for the
purposes of the Act.
WHEREAS subsection 9(4) of the Occupational Health and Safety Act
requires each employer to cause a Joint Health and Safety Committee
to be established at each workplace at which twenty or more workers
are regularly employed and provides for each Joint Committee to
perform certain responsibilities and to exercise certain rights as
set out in this Act;
WHEREAS The Corporation of the Town of Newcastle is an employer
which owns and operates two workplaces in the Town of Newcastle at
which twenty or more workers are regularly employed, being the
Newcastle Administrative Centre including Newcastle Fire Station
No.1, and the Hampton Public Works Facility, as well as certain
other workplaces at some of which the number of workers regularly
exceeds five and is fewer than twenty;
WHEREAS subsection 8(1) of the Occupational Health and Safety Act
requires employers to cause the workers to select at least one
Health and Safety Representative from among the workers at
workplaces at which the number of workers regularly exceeds five
and is fewer than twenty and for which a Joint Health and Safety
Committee is not required to be established under subsection 9(4)
of the Act.
WHEREAS The Corporation of the Town of Newcastle as the employer
is required to cause the workers employed at the Courtice Fire
Station, the Bowmanville Public Works Yard and the Orono Public
Works Yard to select a Health and Safety Representative for these
workplaces in accordance with the provisions of subsections 8(1)
and 8(5) of the Occupational Health and Safety Act.
NOW THEREFORE The Council of the Corporation of the Town of
Newcastle enacts as follows:
1. Pursuant to subsection 9(4) of the Occupational Health and
Safety Act R.S.O. 1990 c. 0.1 a Joint Health and Safety
Committee for the Town of Newcastle Administrative Centre
including Newcastle Fire Station No. 1 is hereby established
and shall be maintained.
2. The Joint Health and Safety Committee for the workplace
referred to in Section 1 of this By-law shall consist of the
Directors of Community Services, Planning and Development,
and Public Works, the Treasurer and the Fire Chief or their
delegates, and five persons regularly employed at the
. .
.. -
. .
..
- 2 -
workplace referred to in Section 1 who do not exercise
managerial functions, each of whom shall be selected by the
relevant trade union or the Newcastle Professional
Firefighters Association, Local 3139, International
Association of Fire Fighters, as the case may be, which
represents workers regularly employed at the aforesaid
workplace in the Departments of Community Services, Planning
and Development, Public Works, the Treasury Department and
the Newcastle Fire Department, respectively.
3. Pursuant to subsection 9(4) of the Occupational Health and
Safety Act a Joint Health and Safety Committee for the Hampton
Public Works Facility is hereby established and shall be
maintained.
4. The Joint Health and Safety Committee referred to in section
3 of this By-law shall consist of the Director of Public Works
and the Manager of Operations of the Public Works Department
or their delegates and two persons regularly employed at the
workplace referred to in section 3 who do not exercise
managerial functions, each of whom shall be selected by the
relevant trade union which represents workers regularly
employed at the aforesaid workplace.
5. Co-Chair of each Joint Health and Safety Committee referred
to in sections 1 and 3 of this By-law shall be appointed by
the members of the Committee in accordance with the
Occupational Health and Safety Act.
6 . Each Joint Health and Safety Committee referred to in sections
land 3 of this By-law shall perform the responsibilities and
exercise the rights provided by the Occupational Health and
Safety Act.
7. The Corporation of the Town of Newcastle hereby requests the
Newcastle Professional Firefighters Association, Local 3139,
International Association of Firefighters, which represents
workers who do not exercise managerial functions assigned to
the Courtice Fire Station being a workplace at which the
number of workers is regularly more than five and fewer than
twenty, to select one Health and Safety Representative from
among the workers at the workplace who do not exercise
managerial functions at this workplace in accordance with
section 8 and for the purposes of the Occupational Health and
Safety Act, and forthwith after doing so to notify the Fire
Chief in writing of the name of the worker so selected.
8. The Corporation of the Town of Newcastle hereby requests the
Canadian Union of Public Employees Local 74, which represents
workers who do not exercise managerial functions assigned to
the Bowmanville Public Works Yard, being a workplace at which
the number of workers is regularly more than five and fewer
than twenty, to select one Health and Safety Representative
from among the workers employed at the workplace who do not
exercise managerial functions in accordance with section 8 and
for the purposes of the Occupational Health and Safety Act,
and forthwith after doing so to notify the Director of Public
Works in writing of the name of the worker so selected.
~
......
.
.. . '-
..
- 3 -
9. The Corporation of the Town of Newcastle hereby requests the
Canadian Union of Public Employees Local 74, which represents
workers who do not exercise managerial functions assigned to
the Orono Public Works Yard, being a workplace at which the
number of workers .is regularly more than five and fewer than
twenty, to select one Health and Safety Representative from
among the workers employed at the workplace who do not
exercise managerial functions in accordance with section 8 and
for the purposes of the Occupational Health and Safety Act,
and forthwith after doing so to notify the Director of Public
Works in writing of the name of the worker so selected.
BY-LAW read a first and second time this 13th day of April, 1992.
BY-LAW read a third time and finally passed this 13th day of April,
1992.
~~g;A~)
MAYOR
CLERK