Terms of Reference for H&S Committees
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Introduction
Under the provisions of the Ontario Occupational Health and Safety Act (OHSA), workers and employers must share the responsibility for occupational health and safety. The Act sets up an internal responsibility system that involves everyone, from individual employees to the institution's upper management.
The Act provides for the establishment of a joint health and safety committee, composed of persons who represent the employees and the employer. Together, they are committed to improving health and safety conditions in the workplace.
The committee is an advisory body that helps recognize workplace risks and then recommends solutions, and helps stimulate awareness of occupational health and safety issues.
Committees
At the University of Ottawa, there exists a single joint occupational health and safety named the UNIVERSITY OCCUPATIONAL HEALTH AND SAFETY COMMITTEE (UOHSC) which includes representation from the 5 SECTORAL OCCUPATIONAL HEALTH AND SAFETY COMMITTEES (SOHSC).
The UOHSC is predominantly concerned with university wide issues, with emphasis on
| (i) | policy recommendations, |
| (ii) | activities which concern several SOHSCs, and |
| (iii) | coordination of information received from the SOHSCs. The individual SOHSCs are predominantly concerned with local issues. |
The "sectors" covered by the SOHSCs are defined so that every University of Ottawa employee whose principal work location is on the main campus or on the Smyth Road campus (Roger Guindon Hall) is in one of the sectors. The sectors (and the corresponding SOHSCs) are:
| Science and Engineering Central sector Northern sector Smyth Road Protection and Physical Resources |
SOHSCs Membership and term of office
Every SOHSC has appointed and elected members who represent certain groups of employees. Elected members are chosen from and elected by employees who are not represented by a trade union (which appoint their representatives). These elected members do not exercise managerial functions. These elected members represent all employees in the designated group.
The term of office of an appointed member is one calendar year, and is
renewable.
The term of office of an elected SOHSC member is two calendar years.
Functions of committees
The individual SOHSCs focus on local issues affecting their designated sectors as set out in these terms of reference.
Subject to the foregoing general allocation of responsibilities, it is the function of each component committee, and that committee has the power to:
| (a) | identify and evaluate any matter pertaining to health and safety in the workplace and recommend a resolution to appropriate management representatives; | |
| (b) | recommend to management and workers the establishment, maintenance, and monitoring of programs, measures and procedures respecting the health and safety of University employees; | |
| (c) | obtain information from management respecting | |
| (i) | the identification of potential or existing hazards of materials, processes or equipment, and | |
| (ii) | health and safety experience and work practices and standards in other institutions of which management has knowledge; | |
| (d) | obtain information from management concerning the conducting or taking of tests of any equipment, machine, or biological, chemical, or physical agent in or about a workplace for the purpose of health and safety; | |
| (e) | be consulted about, and have a designated member representing workers be present during any testing referred to in clause (d) conducted in or about the workplace if the designated member believes his or her presence is required to ensure that the test results will be valid; | |
| (f) | recommend adequate education and training programs in order that all employees be informed in their rights, restrictions, responsibilities and duties under the Ontario Occupational Health and Safety Act; | |
| (g) | address matters related to Designated Substance Regulations and the Workplace Hazardous Materials Information System (WHMIS) where applicable; | |
| (h) | deal with any health and safety matter that the committee deems appropriate or required under the Act. | |
Committee recommendations
Where one of the component committees makes a recommendation regarding a health and safety matter, the recommendation shall be recorded in the minutes of the corresponding meeting. Within 21 days of receipt of the recommendation (minutes of the committee), the building management agent, or the Vice Rector (or a person whom the Vice Rector has designated as responsible for that particular matter) shall respond in writing to the relevant committee's two chairs.
The response shall contain a timetable for implementing the recommendation that the recipient agrees with, or give reasons for his/her disagreement with any recommendation and why it is not accepted.
Where a matter remains unresolved after consideration at two successive meetings of an SOHSC, it shall be automatically referred to the UOHSC. The two SOHSC chairs shall report the matter in writing to the chairs of the UOHSC. The UOHSC may deal with the issue directly, or it may refer the matter to a subcommittee. As soon as is reasonable in the circumstances, the UOHSC shall formulate an appropriate recommendation to management and send a copy thereof to the relevant SOHSC.
Workplace inspections, teams and schedules
A part of the workplace shall be inspected each month so that the entire workplace is inspected at least once in every calendar year. Each SOHSC is responsible for inspections in its sector. Every inspection shall be conducted by a team designated by the members of the relevant SOHSC and consisting of one or more elected members and one or more appointed members of that SOHSC. Other management representatives can also participate in the inspections. An SOHSC may form several inspection teams if, in the opinion of the SOHSC, inspection requirements are too onerous for a single team. Each inspection team will be responsible for the inspections of certain workplace as determined by a schedule of inspections adopted by the SOHSC.
Other inspections and investigations
Each SOHSC shall designate two of its members, one of them an elected member of the SOHSC and the other an appointed member, to:
| (a) | conduct accident/incident and injury investigations where appropriate according to the Guidelines for investigations following an accident or incident for Sectoral Occupational Health and Safety members; |
| (b) | accompany Ministry of Labour inspectors during workplace site inspections; and |
| (c) | attend any work refusals. |
The two designated members shall normally act together with respect to tasks under (a) or (c); however, when the appointed member cannot participate, the task shall be entrusted entirely to the elected member. The Occupational Health and Safety Officer will assist as needed be.
The above functions may also be undertaken by a certified member.
REPORTING HEALTH AND SAFETY PROBLEMS/ ACCIDENT, INCIDENT REPORTING
Any employee who is aware of a health or safety problem on University of Ottawa premises has an obligation to report it. A problem which is essentially of a maintenance nature should be reported (by the employee, the employee's immediate superior, or a member of an SOHSC) to Physical Resources at 562-5800 ext. 2222. Serious accidents or incidents and emergencies should be reported to Protection at 562-5411.
Problems in the area where the employee normally works
For a problem in the area where the employee normally works, the matter should be reported to the employee's immediate superior. The superior will deal with the matter and may, if appropriate, contact Physical Resources (in the case of a problem of a maintenance nature) or report the matter to the person designated as responsible for the building, or may inform the employee that no action appears necessary.
After the problem is corrected, the employee's immediate superior shall send a brief written report of the health and safety problem, and the steps taken to correct it, to one of the chairs of the appropriate SOHSC, to the SOHSC member representing the area in question and to the employee who reported the problem.
If the employee who reported the health and safety problem is not satisfied that the problem has been adequately dealt with, the employee should report it to the SOHSC member representing the area in question or to any other member of the relevant SOHSC.
Problems outside the area where the employee normally works
A problem outside of the area where the employee normally works should be reported to one of the chairs of the SOHSC responsible for the building in question, if the problem is of a local nature. Problems concerning areas outside of specific buildings should be reported to one of the chairs of the Protection and Physical Resources SOHSC. In the case of a more general problem which may extend beyond the territory covered by a particular SOHSC, or a problem which may concern University wide issues or may have policy implications, it should be reported to a member of the UOHSC. If the problem is of a maintenance nature, it can be reported directly to Physical Resources.
Notification of outcome
Where an employee reports a health and safety problem to a member of an SOHSC or a member of the UOHSC, and the matter is brought before the relevant committee, the management co-chair shall notify the employee who reported the concern of the decision taken or recommendation made by the committee in response to said concern.
Unresolved problems
Where a health and safety complaint by an employee cannot be resolved by the procedures set out, either the employee or an appropriate member of management should contact the Occupational Health and Safety Officer. If the complaint still cannot be resolved, the employee or an appropriate member of management should contact a Ministry of Labour inspector, who will review the situation and render a decision.