Occupational Health and Safety Committees. Joint Training Initiative. Introduction. Your name? Your workplace? Member of OHS Committee for how long? Your role as a committee member? Previous OHS training or experience?.
Joint Training Initiative
Overview of Sections in the Northwest and Nunavut Territorial WSCC Acts
Personal Protective Equipment
You need to:
The main laws concerning workplace health and safety are:
Most laws in Canada are called Acts.
The Acts set out the basic rights and responsibilities of both workers and employers and include the:
Other areas covered by the Safety Acts are:
The Regulations cover broad subjects like:
If a WSCC Safety Officer finds an employer or worker not following the ActsandRegulations, they have the power to:
Employer, supervisor, or manager:
POLICIES, GUIDELINES AND LEGAL PROVISIONS THAT PROVIDE US WITH THE RIGHT TO AN HARASSMENT-FREE WORKPLACE
Prohibited Grounds of Discrimination
5. (1) For the purposes of this Act, the prohibited
grounds of discrimination are race, colour, ancestry,
nationality, ethnic origin, place of origin, creed,
religion, age, disability, sex, sexual orientation, gender
identity, marital status, family status, family affiliation,
political belief, political association, social condition
and a conviction for which a pardon has been granted
7. (1) No person shall, on the basis of a prohibited
ground of discrimination,
(a) refuse to employ or refuse to continue to employ an individual or a class of individuals; or
(b) discriminate against any individual or class of individuals in regard to employment or any term or condition of employment.
Harassment 14. (1) No person shall, on the basis of a prohibited ground of discrimination, harass any individual or class of individuals
(a) in the provision of goods, services, facilities or accommodation;
(b) in the provision of commercial premises or residential accommodation; or
(c) in matters related to employment.
(2) In subsection (1), "harass", in respect of an individual or class of individuals, means engage in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome by the individual or class
Article 32.01 Discrimination
The Employer and the Union agree that there shall be no discrimination, interference, restriction, harassment or coercion exercised or practiced with respect to any employee by reason of age sex, race, colour, creed, national or ethnic origin, marital status, family status, sexual orientation, disability, gender identity, conviction for which a pardon has been granted, religious or political affiliation, or any other grounds proscribed by applicable legislation, by reason of Union membership or activity, nor by exercising their rights under the collective Agreement.
Article 51 Sexual Harassment
51.01 …Every employee has the right to freedom from harassment in the workplace because of sex by his/her Employer or agent of the Employer or by another employee.
Article 40 Safety and Health
40.01 …The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees…
The duty of the employer is to:
a)Maintain the workplace so the health and safety of workers and others is not likely to be endangered;
b)Take all reasonable precautions, and adopt and carry out all reasonable techniques and procedures to ensure the health and safety of every person in the workplace;
The Duty of the worker is to:
a) Take all reasonable precautions to ensure his or her own safety and the safety of other persons in the workplace.
Policy 03.09 – Psychiatric and Psychological Disability –
outlines how the WCB will accept and compensate for claims for psychiatric and psychological disability.
A worker may experience an event or series of events which leads to mental stress and psychiatric or psychological disability.
The event must satisfy criteria of work-relatedness, trauma and objective verification.
To be compensable, the psychiatric or psychological disability must result from physical or emotional reactions to workplace trauma and be diagnosed by a psychiatrist or psychologist.
Work-related traumatic events do not include the usual pressures and tensions reasonably expected by the nature of the worker’s occupation and duties.
Section 12(b) of the Workers’ Compensation Act states that no person is entitled to compensation for mental stress arising out of labour relations between the worker and employer, including mental stress caused by wrongful dismissal, unless the act or omission was made with intent to harm the worker.
1) This Policy applies to every employee in the public service of the GNWT, except the NWT Power Corp. The Policy applies to workplace harassment that occurs at or away from the work place during or outside working hours within the context of the employment relationship.
2) This policy and resolution process does not apply to complaints from clients or public …
The GNWT recognizes the diversity of the Northwest Territories’ public service and is committed to providing work environment where every employee is treated with fairness, dignity and respect. …
Policy Statement cont ..
The Northwest Territories’ Human Rights Act provides every person in the workplace the right to freedom from harassment that is related to … (re: grounds of discrimination in the Act)
The GNWT also recognizes other types of workplace harassment that affect an employee’s dignity, not covered by prohibited grounds under the Human Rights Act.
Policy Statement cont …
Harassment in any form is unacceptable behaviour and will not be tolerated. The GNWT is committed to providing a work environment where there is respect amongst employees and to facilitating the resolution of workplace harassment complaints.
The GNWT will adhere to the following principles when implementing this Policy:
1) All employees in the NWT public services have the responsibility to respect the rights of others and prevent incidents of harassment in the workplace.
2) Nothing in this policy reduces the responsibility of employees and managers to address inappropriate conduct in the workplace, regardless of whether or not a complaint has been made.
4. Definitions / Workplace Harassment
Means any behaviour that satisfies one or more of the following definitions as defined in this policy (see page 4 of Policy)
Abuse of Authority …
Personal Harassment …
Sexual Harassment …
The GNWT is committed to creating and maintaining a respectful workplace free of harassment and where all individuals are treated with fairness, dignity and respect…
The GNWT recognizes that conflicts occur, and the Harassment Free and Respectful Workplace Policy is not meant to interfere with everyday work interactions where some conflict is normal. Every employee is expected to demonstrate behaviour that creates and maintains a respectful workplace and to resolve issues in a manner that contributes to a healthy, productive, workplace.
WHMIS is a Canada-wide information system that:
Duties of Employees
The objective of the Committee is to ensure that H&S issues be settled by the head of the organization.H&S Policy Committees
Deal with matters raised by members and referred by a Work Place Committee – Representative
Participate in the development and monitoring: prevention and education
Participates in inquiries, studies, investigations and inspections
Monitor data on work accidents, injuries and health hazards
Participate in the development and monitoring: P.P.E., Clothing, Devices, Materials
Participates in the planning of the implementation, and the implementation, including work processes and ProceduresPolicy Committee
A chance event occasioned by a physical or natural cause; or
The biggest reason for the denial of these claims is a lack of proof that an injury happened
A disablement arising out of and in the course of employment
The major reason for the denial of these claims is lack of proof that the work caused the injuryHow to get a claim approved by the Board?
Personal injury by an accident and/or disease arising out of and in the course of employment:
Do not say: I fell and hurt myself.
Say: I was walking through the office in the scanning division. I stepped on a marker that was on the floor. My right leg went forward and I lost my balance. I fell backwards. I hit my shoulder on the fax machine. I hurt my right shoulder on the machine. When I landed on the floor, I hurt my right wrist, my neck, and my right hip.
Worker believes contravention or accident likely
Complaint to supervisor
Supervisor & Worker: resolve issue – case Closed & Documented
Chairperson Work Place Health & Safety Committee
Joint Investigation – writing complaint justified or not – Make recommendation
Employer respond in writing – when and how to be resolved – if danger must stop work
WSCC NT/NU Safety Dept – writing – justify – Directive
Appeal ProcessInternal Complaint Resolution Process
Employer agrees, takes action
Employer informs Work Place Committee of danger + actions
If parties disagree:
Inform Employer + Union Representative
Joint investigation – outcome
If no agreement between parties, notify Labour Health & Safety Officer
Alternate Work – Safe Place
WSCC Safety investigates – all parties
WSCC Safety – writing
Appeal ProcessRight to Refuse Dangerous Work
Establish the Calendar of Meetings
Keeping on track with agenda
Ensure the Committee respects its obligations
Ensure that appropriate follow-up measures are takenCo-Chairpersons
Culture Changing Behaviour
Franklin Covey Company – Dr. Nancy Moore
Accountability: what reputation do you want your committee meetings to have?
Set a goal
Identify pertinent actitivities
Identify human resources available an required
Identify material resources available
Distribute tasks and responsibilities
Put in place a communications system as well as a decision making process
Evaluate and reportMaking Workplace OHS Committee Efficient
Pushes for problems to be solved
Looks for problems (hazards or symptoms)
Take complaints and questions and gets answers
Organise workers when there is a common problem
Caucus with other union members
Liaise with other H&S Activists
Connects the causes of injuries and illnesses to workplace conditions that need fixing
Encourages members to file complaints, use their rightsMaking Workplace OHS Committee Efficient
Learns about OHS issues important to the local
Knows the demography of the workplace
Reports to membership regularly
Makes recommendations about OHS bargaining issues
Organises information and training sessions or do other awareness-building activitiesMaking Workplace OHS Committee Efficient
Use action verbs, identify planned results and explain challenges which you may encounter
Identify a body within the organization where the plan developed will be presented and where the committee will report back on the challenges which lead to attaining (or not) the objectives.Challenge I