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HomeMy WebLinkAbout96-63 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 96- 63 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 That By-laws #92-112 and #94-023 be hereby repealed. 3.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. S SCHEDULE B Municipal Health and Safety 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 Res onsibilit 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 t ' - 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 In'ury 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 CLARINGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74 AND CLARINGTON FIREFIGHTERS ASSOCIATION LOCAL 3139 AND THE NON AFFILIATED MEMBERS OF THE CORPORATION DATE PREAMBLE 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 C.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 respective organizations. 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 IA41k7� W.H. Stockwell, Chief Administrative Officer Mayor Diane Hamre Pa�' Barri , lerk GENERAL 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, CUPE 74 and 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. IOINT COMMITTEE STRUCTURE 2.1 The Joint Committee shall consist of 14 members; 7 members selected by the employer and 7 members selected by CUPE and CFFA. 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. IOINT 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 head (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. Accidents 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. i 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). IOINT 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. DINT 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. tt , 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 Ontario, this day of , 1996. FOR THE EMPLOYER FOR THE WORKERS , f 7 r W.H. Stockwell, Chief Adm nistrative Officer Linda Del Grande, CUPE att' arrie wn Clerk Ron Klosinski, LOCAL 3139 Co-Chaff - 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 Municipal Properties various locations 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 1339 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 Kathe Yuzwa 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 Ministry of Labour Ministere du Travail 7A� Office of the Minister Bureau du Ministre 400 University Avenue 400,avenue University Ontario 14th Floor 14e 6tage Toronto ON M7A 1 T7 Toronto(Ontario)M7A 1 T7 Telephone: (416)326-7600 T616phone: (416)326-7600 Fax: (416)326-1449 T616copieur: (416)326-1449 0 J .� April 26, 1996 1 1996 MUNICIPALITY Ur-1 NRING 011 Mr. Frederick Horvath ECONOM€ !lcVLOPMENI Property Manager Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mr. Horvath: Thank you for your letter dated March 25, 1996 in regard to the Joint Health and Safety Committee document developed and agreed to by The Corporation of the Municipality of Clarington, the Canadian Union of Public Employees and its Local 74, the Clarington Firefighters Association Local 3139 and the Non Affiliated Members of the Corporation. I am pleased that a cooperative approach has been achieved regarding the Structure and Terms of Reference for the Committee. The attached Order indicates my approval of the arrangement. I wish the committee members every success in their endeavours towards a fully effective health and safety program. Sincerely, Emer, MPP X96-01866/X96-0186 7 . 1 Order under Section 9 (3 .1) , THE OCCUPATIONAL HEALTH AND SAFETY ACT R.S.O. 1990, c.0 .1 Whereas Section 9 (3 . 1) of the Occupational Health and Safety Act provides that the Minister may, by order in writing, permit a constructor or an employer to establish and maintain one joint health and safety committee for more than one work place or parts thereof, and may, in such order, provide for the composition, practice and procedure of any committee so established. And whereas the Corporation of the Municipality of Clarington, the Canadian Union of Public Employees and its Local 74, the Clarington Firefighters Association Local 3139 and the Non Affiliated Members of the Corporation have agreed in an executed document between them dated March 21, 1996, stated a desire to have the Joint Health and Safety Committee represent workers at the Corporation of the Municipality of Clarington, and have the Minister approve such an arrangement . NOW THEREFORE BE IT ORDERED that pursuant to s . 9 (3 . 1) of the Occupational Health and Safety Act, the Corporation of the Municipality of Clarington, as employer, is hereby required to establish and maintain the Joint Health and Safety Committee to be governed as to composition, practice and procedure by the provisions of the executed document dated March 21, . 1996, between the Corporation of the Municipality of Clarington, the Canadian Union of Public Employees and its Local 74, the Clarington Firefighters Association Local 3139 and the Non Affiliated Members of the Corporation. Dated at Toronto this 26th day of April, 1996 . Elizabe h Wi mer, MPP Ministe