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HomeMy WebLinkAboutADM-03-04 _, (f CI~.n REPORT ADMINISTRATION Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 29, 2004 Report #: ADM-03-04 File#: By-law #: Subject: HEALTH AND SAFETY COMMITTEE RECOMMENDATIONS: 1. That ADM-03-04 be received; 2. That the attached By-law (Attachment #1), and Policy Statement (Attachment #2) be recommended to Council for approval; 3. That the revised Terms of Reference (Attachment #3) as endorsed by the C.U.P.E., Local 74 President for Inside and Outside, the Fire Association, Local 3139 President, the two Co-Chairs of the Health and Safety Committee and the Chief Administrative Officer, and which may be amended from time to time by the Joint Committee, be endorsed by Council. 4. That a copy of this report and By-Law with attachments be posted in each workplace. 5. That a copy of this report and By-Law be submitted to the Ministry of Labour for review and endorsement. Submitted bYU ~..a,,-f2JZ~~\k Franklin Wu, Chief Administrative Officer Attach. 1 - By-law Attach. 2 - Policy Statement Attach. 3 - Terms of Reference CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-5717 1491 REPORT NO.: ADM 03-04 PAGE 2 BACKGROUND AND COMMENT Section 9 (2) of the Occupational Health and Safety Act, made joint health and safety committees (JHSCs) mandatory in most workplaces with 20 or more workers. Section 9(6) of the Act stipulates that a joint health and safety committee must consist of at least four persons, for a workplace where fifty or more workers are regularly employed. At least half of the members of the committees shall be workers employed at the workplace who do not exercise managerial functions. The members of the committee who represent workers shall be selected by the workers they are to represent or, if unionized, by the trade union or unions. Given the fact that the Municipality has three (3) trade unions - C.U.P.E. inside, C.UP.E. outside and the Professional Association of Fire fighters, it appears that one representative from each bargaining unit must sit on the Occupational Health and Safety Committee. This would total 3 union members. Noting that there must be equal representation from the Management side, this would equal an additional 3 members for a total of 6 members. Therefore the minimum number of employees required to sit on the Occupational Health and Safety Committee for the Municipality of Clarington would be six (6). However, in reviewing past workplace injuries in each Department and to ensure adequate representation in our outside facilities, it is recommended that the Terms of Reference reflect that the total minimum number be 8 members, with no maximum as follows: 2 Members from the Municipal Administrative Centre 2 Members from Community Services (Outside Facilities) 2 Members from Emergency Services 2 Members from Operations Please note that the two members indicates - 1 affiliated member and 1 non-affiliated member. 1492 REPORT NO.: ADM 03.Q4 PAGE 3 It is recommended that there be an alternate for each member. It is further recommended that there be no maximum restrictions on the number of members or alternates. It is expected that part time employees channel any health and safety concernS through an affiliated member, whose names have now been posted on the notice boards. Presently, By-law No. 96-62 mandates thatthe 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). Given the large number of volunteers needed (10), the Joint Health and Safety Committee often struggles to get quorum in order to hold their meetings. This is a volunteer committee and employees must be pulled away from work in order to attend meetings. Their workload is not reduced for taking on this additional responsibility, therefore they are faced with completing their work within deadlines in addition to volunteering for this committee. It is therefore essential that Department Heads encourage their employees to fully fulfil their role as a Joint Health and Safety Committee member. The Joint Occupational Health and Safety Committee is a legislated committee that is integral to the health and safety to the employees of the Municipality. The minimum functions of the joint committee includes the following: . Identify sources of danger or hazards; Make written recommendations for improvements to the constructor or employer; Obtain certain information from the constructor or employer regarding actualor potential hazards; Obtain information from the constructor or employer concerning testing; Consult about testing methods and strategies. . . . . Given the amount of knowledge and expertise needed in order to carrying out the functions of the Joint Health and Safety Committee, it is recommended that committee members be appointed for a 2 year term, with worker and management members being replaced during alternate years to maintain some consistency. 1403 REPORT NO.: ADM 03.Q4 PAGE 4 Previous By-Laws and Policy Statements have been put through By-Laws and Reports. It is intended this By-Law approve the existing status and future amendments to Policy be by approval of Council, however, the Terms of Reference may be amended from time to time by committee recommendation to the Chief Administrative Officer. If amended the Te.rms of reference will be posted as amended. The ByeLaw establishing the committee is intended to remain in force unless repealed by futu re By-Law. The Joint Health and Safety Committee will maintain a resource manual and will be reviewed and updated as needed. 1404 ATTACHMENT NO.1 TO REPORT ADM 03-04 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW #2004-_ 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 and Safety representatives for the purposes of the Act and to repeal By-law 99-145 and By-law 96-62 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Council approve the. attached Policy Statement (Attachment #2). 2. THAT the Mayor and Council approve the attached Terms of References (Attachment #3) to reflect the minimum number of eight (8) committee members., 4 selected by the employer and 4 selected by - 1 C.U.P.E. Inside, 2 C.U.P.E. Outside and 1 C.F.F.A. Alternates may be allowed; however, they should only be used in situations with the approval of the Co-Chairpersons. Each party will supply a listing of 4 alternates, however there is no restriction on the maximum number of' committee members. By-law read a first and second time this day of .2004. By-law read a third time and passed this day of ,2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1405 ATTACHMENT :'olD. 2 TO REPORT ADM 03-04 1. MUNICIPALITY OF CLARINGTON ~ HEALTH AND SAFETY POLICY The Mayor, Council and Management of the Corporation of the Municipality of Clarington are committed to the Health and Safety of its workers. It is the policy of the Municipality to provide safe equipment, safe practices and a safe work environment to all workplaces of the Corporation. The Corporation will provide and maintain a safe and healthy work environment in compliance with the Occupational Health and Safety Act and all pertinent regulations. It is our belief that accidents and injuries can be prevented. The prevention of accidents is an objective affecting all levels of the organization and its activities. At all workplaces it is the responsibility of the management to fulfill the commitments set forth in this policy. All workers must protect his I her own safety and must personally conduct themselves in a manner, which will promote safe work practices and procedures. Mayor Clerk 1406 2 1. MUNICIPAL HEALTH AND SAFETY PROGRAM The Municipality of Clarington, through its various Departments, will demonstrate the development, implementation and maintenance of a comprehensive health and safety program through the following initiatives. 1. Safetv 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. Safetv Responsibilitv 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 4. Workplace Inspections To train, implement and ensure adherence to the 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 To train, implement and ensure adherence to the 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 the complete, objective and co-operative investigation to identify its causes and consequences and submit recommendations. 6. Education and Training Develop, implement and evaluate worker training programs and review procedures annually with the Joint Health and Safety Committee which will assist management and supervisors in the implementation and maintenance of a safe work environment. 1407 3 7. Contractor Safetv To train, implement and ensure adherence to the 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. Workolace Harassment To train, implement and ensure adherence to the policy and procedure dealing with all types of workplace harassment. 9. Municipalitv Iniury Frequencv - Assessment Program Participation in a voluntary reporting program which provides relevant statistical information on a municipal service basis. 1408 4 ATTACHMENT #3 TO REPORT ADM 03-04 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, BOTH INSIDE AND OUTSIDE AND CLARINGTON FIREFIGHTERS ASSOCIATION LOCAL 3139 AND THE NON AFFILIATED MEMBERS OF THE CORPORATION DATE 1409 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 in 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. 1410 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 The Joint Committee will be comprised of 50% non-affiliated and 50% affiliated. A minimum of 8 members will be required on the committee. The Committee 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. JOINT COMMITTEE FUNCTIONS 2.1 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 or her 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 all portions of reports related to health and safety. 1.41.1 (d) to deal with any occupational health and safety matter that the Joint Committee deems appropriate. Insoections 2.2 The Joint Committee members who represent workers shall designate one (1) of the members representing workers to inspect the physical conditions of the workplace(s) at least once a month in accordance with a schedule established by the Joint Committee. Buildings that are not regularly used by workers must be inspected at least semi-annually. Where and when possible, a management person shall accompany the worker member. 2.3 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. The worksheets will then be reviewed by the Joint Committee. 2.4 Any outstanding items, deemed by the Joint Committee to be significant will remain on the outstanding list, and the status will be reviewed monthly until resolved. 2.5 Committee members shall be entitled to one (1) hour or such longer period of time as the Joint Committee determines is necessary to conduct workplace inspections. Investiqations 2.6 The co-chairs will be advised of workplace accidents and assign member(s) to investigate and fill in appropriate documents. 1412 2.7 Near miss accidents* must be reported on an incident report, and may be investigated by the Joint Committee, or Co-Chair. *Near miss accidents are 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. 2.8 All incidents, near misses and critical injury accidents 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 incident; as well as following Ministry of Labour reporting requirements for serious injury accidents. JOINT COMMITTEE MEETINGS Aaenda 3.1 The Co-chairperson 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. 3.2 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. 3.3 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. 1413 3.4 Monthly Joint Committee meetings should not exceed 2 hours In length unless an urgent matter is being discussed. Remaining agenda items should be deferred to the next meeting. 3.5 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. Ouorum 3.6 The Joint Committee shall have a quorum of (50%+1) members 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. The number of employer members shall equal the number of worker members. JOINT COMMITTEE MEMBER ENTITLEMENTS 4.1 All time spent in attendance at Joint Committee meetings or activities in relation to the function of the Joint 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. Mayor Clerk 1414 '. . . . . These Terms of Reference are endorsed by signatures. signed at ant., this day of 2004. For the Employer (Non-affiliated) For the Workers O~CUk ")~~'< g/ f'\' ,fi/!I : f _ .V(II'''f , , I CUPE Insid~'tside President CAO Franklin Wu ( I l ,'. { / i ~.___,j----- Ild Co-Chair Non-Affiliated Fire Association, Local 3139 President ~-'" L:::'~" .,,/ .>' -;,/ ./ /,/ - .' -' ..:e:_ v ~.. Co-Chair Affiliated 14 \ 5