Joint Occupational Health and Safety Committee
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A joint occupational safety and health (JOSH) committee is a forum for bringing the internal responsibility system into practice. The committee consists of labour and management representatives who meet on a regular basis to deal with health and safety issues. The advantage of a joint committee is that the in-depth practical knowledge of specific tasks (labour) is brought together with the larger overview of company policies, and procedures (management). Another significant benefit is the cooperation among the work force toward solving health and safety problems. In smaller companies, a health and safety representative is required.
Where the workplace regularly employs 20 or more persons, the employer must establish and maintain a joint safety and health committee. When creating a committee, [OHS Act, S. 25]
- the number of people on the committee should be as agreed to by the workers (or their union) and the employer; and
- at least one-half of the members must be elected by the workers or union, and one-half selected by the employer.
The committee must meet at least once a month. Workers on the committee may take time away from their regular work duties to attend meetings, take training, and carry out their functions as a member of the committee. This time is considered work time (paid time). [OHS Act, S. 25]
Worker representative
If there are 5 or more workers at a workplace, but no committee, the employer must establish an occupational health and safety representative. The person is to represent workers and is chosen from workers who do not perform managerial functions. [OHS Act, S. 26]
The worker representative is also entitled to the time required to perform functions related to health and safety, and to attend training as paid time. The function of a worker representative is similar to those of the committee (described below). [OHS Act, S. 26]
Committee or representative's function
Committees must establish their own guidelines (terms of reference) regarding their function and processes. To help protect health and safety in the workplace, function of a committee is to: [OHS Act, S. 25]
- work together to identify hazards, and find effective ways to respond to the hazards;
- receive, investigate, and respond to health and safety issues;
- participate in inspections, inquires, and investigations;
- advice the employer about protective equipment, devices, and safety features that will protect workers;
- advise the employer about a policy or program as required by the Act;
- make recommendations to the employer, workers, or any person about the improvement of health and safety; and
- maintain records and minutes of the committee meetings on a form, and provide an officer with these records and minutes when requested.
Sharing Information
The employer will notify or make the committee or representative aware of reports from occupational health and safety inspections, and any monitoring or tests undertaken. The employer will also post: [OHS Act, S. 27]
- the names of the current committee members or the representative, and state how contact them;
- the minutes of the most recent meeting;
- a code of practice when required under the Act or regulations;
- current telephone number for reporting occupational health and safety concerns;
- the occupational health and safety policy, when required by the Act; and
- any other information required by the Act.
Responding to Recommendations
When an employer receives a written recommendation from a committee or representative, the employer's response must: [OHS Act, S. 27]
- state acceptance of the recommendation;
- give reasons if the employer disagrees with the recommendations; or
- where it is not possible to provide a response within 30 days, provide an explanation for the delay and state when the response will be available.
The committee or representative can report to an officer if they consider the employer's response to be unacceptable or unreasonable.
Constructors on a Project
Constructors on a project that employs 20 or more people regularly and where the project is expected to last three months or longer must establish and maintain a JOSH committee for that project. [OHS Act, S. 25 (2)]
Constructors on a project that have at least five workers must have an OHS representative, selected by the workers, for the duration of the project. [OHS Act, S. 26 (2)]
OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01
Section 25 Joint occupational health and safety committee
25. (1) At a workplace where 20 or more persons are regularly employed by an employer, the employer
(a) shall establish and maintain a joint occupational health and safety committee; and
(b) may establish additional such committees.
(2) Where 20 or more persons are regularly employed by one or more constructors at a project that is expected to last three months or more, a constructor shall establish and maintain a committee for the project.
(3) At a workplace where fewer than 20 but more than five persons are regularly employed, the Director may consult with the workers and employers at the workplace regarding the establishment of a committee and the Director may order that a committee be established.
(4) Where the Director orders that a committee be established under subsection (3), the employer shall ensure that the committee is functioning in accordance with this Act within 30 days of receipt of the order.
(5) A committee shall be composed of the number of persons
(a) agreed to by the workers or their union, and the employer; or
(b) ordered by the Director.
(6) Membership of the committee shall be determined as follows:
(a) one-half of the members shall be selected by the union representing the workers or, in the absence of a union, by the workers that the members represent;
(b) one-half of the members shall be selected by the employer.
(7) The committee shall
(a) cooperate to identify hazards to occupational health and safety in the workplace and effective systems to respond to the hazards;
(b) receive, investigate and promptly deal with issues respecting occupational health and safety , other than a complaint of workplace harassment;
(c) participate in inspections, inquiries and investigations respecting the occupational health and safety of workers in the workplace , other than an investigation of a complaint of workplace harassment;
(d) advise the employer on individual protective equipment, devices and safety features that are best suited to the needs of the workers, within the provisions of this Act and the regulations;
(e) advise the employer regarding a policy or program required by this Act;
(f) make recommendations to the employer, the workers and any other persons for the improvement of the occupational health and safety of persons at the workplace; and
(g) maintain records and minutes of committee meetings in a form and manner approved by the Director and provide an officer with a copy of those records and minutes at the request of the officer.
(8) Subject to subsection (9), a committee shall meet at least once each month unless the committee otherwise provides in its rules of procedure.
(9) Where the Director is not satisfied that the frequency of meetings of a committee is sufficient to enable the committee to effectively perform its functions, the Director may order the committee to hold meetings at such frequency as the Director may specify.
(10) A worker who is a member of a committee is entitled to take the necessary time off from work to attend meetings of the committee, to take training prescribed by the regulations and to carry out the worker's functions as a member of the committee.
(11) The time off from work referred to in subsection (10) shall be deemed to be work time for which the worker is entitled to the worker's usual salary and benefits, without change.
(12) A committee shall establish its own rules of procedure.
[S.P.E.I. 2018, c. 45, s. 6]
Section 26 Occupational health and safety representative
26. (1) Where the number of workers employed at a workplace is five or more but no committee is required under section 25, the employer shall require the workers to select at least one representative from among the workers who do not perform managerial functions.
(2) Where the number of workers at a project is five or more but no committee is required under section 25, the constructor shall require the workers to select at least one representative from among the workers who do not perform managerial functions.
(3) Where the number of workers at a workplace is fewer than five, the Director may
(a) consult with the workers and the employer at the workplace regarding whether a representative should be selected at the workplace; and
(b) order that the workers select a representative if the Director considers that a representative is necessary to ensure that occupational health and safety issues in the workplace are monitored.
(4) A worker who is a representative is entitled to take the necessary time off from work to attend meetings of the committee, to take training prescribed by the regulations and to carry out the worker's functions as a representative.
(5) The time off from work referred to in subsection (4) shall be deemed to be work time for which the worker is entitled to the worker's usual salary and benefits, without change.
(6) A representative shall be involved on behalf of the workers, together with the employer, in occupational health and safety issues in the workplace and shall
(a) cooperate to identify hazards to occupational health and safety in the workplace and effective systems to respond to the hazards;
(b) receive, investigate and promptly deal with issues respecting occupational health and safety , other than a complaint of workplace harassment;
(c) participate in inspections, inquiries and investigations respecting the occupational health and safety of workers in the workplace , other than an investigation of a complaint of workplace harassment;
(d) advise the employer on individual protective equipment, devices and safety features that are best suited to the needs of the workers, within the provisions of this Act and the regulations;
(e) advise the employer regarding a policy or program required by this Act; and
(f) make recommendations to the employer, the workers and any other persons for the improvement of the occupational health and safety of persons at the workplace.
[S.P.E.I. 2018, c. 45, s. 7]
Section 27 Employer's response
27. (1) Subject to clause (2)(c), an employer who receives written recommendations from a committee or a representative, if any, under clauses 25(7)(f) and 26(6)(f) together with a request for a response to the recommendations, shall respond in writing to the committee or representative within 30 days of the request.
(2) The employer's response referred to in subsection (1) shall
(a) indicate acceptance of the recommendations;
(b) give reasons for the disagreement with recommendations that the employer does not accept; or
(c) where it is not reasonably practicable to provide a response before the expiry of the 30-day period, provide within that time a reasonable explanation for the delay indicating to the committee or a representative, if any, when the response will be coming, and provide the response as soon as it is available.
(3) If the committee or a representative, if any, considers that the explanation provided by the employer under clause (2)(c) is unacceptable or unreasonable, the committee or representative shall promptly report that fact to an officer.
(4) An employer shall notify the committee or representative of the existence of reports of occupational health and safety inspections, monitoring or tests undertaken at the workplace by, or at the request of, an officer or the employer and the employer shall make the reports available on request to the committee or the representative.
(5) An employer shall, on the request of a worker at the workplace, make available to the worker reports of occupational health or safety inspections, monitoring or tests undertaken at the workplace by, or at the request of, an officer or the employer.
(6) An officer shall provide the employer at a workplace with reports of inspections, monitoring and tests undertaken at the workplace by, or at the request of, an officer.
(7) An employer shall
(a) post the names of the current committee members or the representative and the means of contacting them; and
(b) promptly post the minutes of the most recent committee meeting and ensure that they remain posted until superseded by the minutes of the next committee meeting.
(8) An employer shall
(a) make available for examination at the workplace information and reports that an officer considers advisable to enable workers to know their rights and responsibilities under this Act and the regulations; and
(b) post, and ensure that they remain posted in the workplace,
(i) a code of practice required under this Act or the regulations,
(ii) a current telephone number for reporting occupational health or safety concerns, and
(iii) the occupational health and safety policy where the employer is required by this Act to have a policy.
(9) Where anything other than the information referred to in subsection (8) is required to be posted by this Act or the regulations, the person who has the duty to post it shall
(a) post a legible copy of it in a prominent place in the workplace; and
(b) unless this Act or the regulations specify otherwise, ensure that it remains posted for at least seven days or longer if additional time is necessary to enable workers at the workplace to inform themselves of its content.
(10) Notwithstanding subsection (9), a person who is required to post anything required to be posted under subsection (9) may, alternatively, provide that information to each worker in writing.