Health and Safety Representatives

1. Introduction and Purpose

To define the roles and responsibilities regarding Health and Safety Representatives at Loyalist College to support the safe operation of satellite sites and ensure compliance with the Occupational Health & Safety Act (OHSA).

2. Application

This policy defines the roles and responsibilities for the Health and Safety Representatives at all Loyalist College sites fewer than 20 but more than five workers.

3. Definition

• In workplaces who employs fewer than 20 but more than five workers, the employer is required to have a health and safety representative of the workers in place of a Joint Health and Safety Committee (JHSC).
• The health and safety representative (HSR) must be chosen by workers who don’t have managerial functions and who will be represented by the representative, or by the union if you have one.
• Health and safety representatives have many of the same powers as JHSCs, except for the power to stop work. Employers are required to cooperate with the health and safety representative.
• A workplace that has a staff of one to five is not required to have a JHSC or a health and safety representative unless a designated substance regulation applies to the workplace.

4. Responsibility

• Key responsibilities and powers of HSR under the OHSA include:
  • Maintain confidentiality of the information received as an HSR
  • Review the health & safety programs and assist in the implementation of new programs
  • Identify actual and potential workplace hazards
  • Inspect the workplace regularly
  • Be consulted on and be present during the beginning of health and safety-related testing in the workplace
  • Make recommendations to the employer about health and safety in the workplace
  • Participate in investigating work refusals
  • Inspect the site of a critical injury or fatality at a workplace
  • Obtain health and safety related information from the employer
  • Although not mandated under the OHSA, ensure WHMIS products are identified and assisting with safety data management in their area.
• Supervisory staff will:
  • Provide information and assistance required by HSR when carrying out workplace inspections.
  • Follow-up on action items from workplace inspections, documenting the corrective action taken.
  • Allow their staff, if an HSR, time to prepare for and to perform other duties as required by the position.
  • Respond in writing to HSR written recommendations within 21 days.
  • Provide information to the HSR concerning potential or existing hazards in the workplace.
  • Promptly investigate, with HSR, any work refusals.
  • Consult with the HSR regarding training programs for hazardous substances.
  • Consult with the HSR and provide health and safety information to the HSR regarding any tests carried out on any machine, or for any substance in the workplace and to provide the opportunity for the HSR to be present at beginning of such test.
• The Organizational Safety and Wellness Specialist will:
  • Act as a technical resource and support to the HSRs.
  • If needed, act as the Certified Member, representing the employer.
  • Organize or provide training activities
  • Promote workplace inspection corrective action follow-up by tracking identified hazards
  • Maintain and track incident/accident reporting and correction action follow-up
  • Participate in and/or provide direction to others conducting incident investigations, including following up to ensure the implementation of identified corrective action.
  • Ensure compliance and related regulatory standards are met
  • Ensure to fulfill reporting obligations as per OHSA
  • Participate in workplace inspections when needed.

5. Related Documents and Links

• Health and Safety Representatives Procedure
• Appendix A: Health and Safety Representative HSRs
• Appendix B: Workplace Inspection Checklist
• Appendix C: Setting Hazard Priorities
• Appendix D: Flow Chart of the Work Refusal Process
• Appendix E: Sample Recommendation Letter
• Form A: Workplace Inspections
• OHS 006 Workplace Incident Reporting Policy

6. References

• Occupational Health & Safety Act
• Ministry of Labour, Immigration, Training and Skills Development – A Guide for Joint Health and Safety Committees and Health and Safety Representatives in the Workplace