Joint Health and Safety Committee (JHSC) – Belleville

1. Introduction and Purpose

Loyalist College recognizes the important role of the Joint Health and Safety Committee (hereafter referred to as JHSC) in ensuring a safe and healthy working and learning environments for all members of the Loyalist community. This policy outlines the structure, function and operations of Loyalist College’s JHSC and incorporates the requirements outlined under the Occupational Health and Safety Act (OHSA).

2. Application

The policy applies to all Loyalist College JHSC representatives.

3. Policy Statement

The Occupational Health and Safety Act (OHSA) is based on the principle of an Internal Responsibility System (IRS) whereby every individual in the workplace has responsibility for health and safety. The Joint Health and Safety Committee gives formal expression to the right of employees, (i.e., all full-time and part-time College workers) to participate in decisions affecting their health and safety. The JHSC is thus an integral and essential component of the health and safety management system of the College.

The JHSC is an advisory body that is established to help identify potential health and safety issues in the workplace, as per the IRS, and bring them to the attention of the employer, offering recommendations for the improvement of the health and safety of workers. While all workplace parties have a role with respect to health and safety in the workplace, the employer, typically represented by senior management, has the greatest responsibility.

The Occupational Health and Safety Act (OHSA) specifies the composition, selection, function and powers of the JHSC. This policy builds on the basic requirements of the OHSA and outlines the operating procedures for the Loyalist College JHSC.

4. Definitions

Designated Certified Member: means a Joint Health and Safety Committee (JHSC) member who meets the training and certification requirements as described in Section 7.6. of the OHSA.

Critical injury: an injury of a serious nature that (a) places life in jeopardy, (b) produces unconsciousness, (c) results in substantial loss of blood, (d) involves the fracture of a leg or arm but not a finger or toe, (e) involves the amputation of a leg, arm, hand or foot but not a finger or toe, (f) consists of burns to a major portion of the body, or (g) causes the loss of sight in an eye. O.Reg.834

Designated Representative: non-member of the JHSC representing the workers with specific responsibilities in the designated area. This designated representative is identified by the JHSC.

Health & Safety Representative: representing employees where there is no required committee.

Worker Member: JHSC member representing employees who are not employed in a management capacity. The Worker Member representative includes:

• selected College-wide union JHSC member – a worker selected by each union Local to serve on campus JHSCs.

Management Member: a JHSC member who represents the College’s Management and who holds a managerial position. The Management Member is not part of the College Executive Team.

Organizational Health and Wellness Resource Member: a Loyalist College representative from People & Culture assigned to each JHSC to act in an advisory capacity to support the committee and its function. It is a neutral party and does not have voting rights. In addition, supports the other campuses health & safety representatives.

Internal Responsibility System (IRS): the underlying philosophy of occupational health and safety legislation that means everyone in the workplace, both employees and employers, is responsible for their own individual safety, and for the safety of their co-workers.

5. Responsibility

• 5.1 The Joint Health and Safety Committee has very specific responsibilities under legislation which include:
  • Holding regular meetings.
  • Inspecting the workplace on a regular basis.
  • Identifying situations that may be a source of danger or hazard to workers.
  • Making recommendations to the employer for the improvement of the health and safety of workers.
  • Recommending to the employer the establishment of programs and/or procedures, as well as the monitoring and maintenance of those programs or procedures, for the health or safety of workers.
  • Obtaining information from the employer about:
    • the identification of hazards related to materials, processes or equipment in the workplace;
    • health and safety experience, work practices and standards in other similar workplaces; and
    • tests carried out on any equipment, device, machine, thing and/or any biological, chemical, or physical agent in the workplace.
  • Being consulted about tests carried out on any equipment, device or machine, or any material in the workplace and has the right to ensure that a worker member and a health and safety representative of the Committee be present at the beginning of those tests.
• 5.2 The Employer will:
  • Provide information and assistance required by JHSC members when carrying out workplace inspections.
  • Follow up on action items from workplace inspections, documenting the corrective action taken.
  • Allow any staff who are Joint Health and Safety Committee (JHSC) members, time to prepare for and attend meetings and to perform other duties as required by their position on the committee.
  • Respond in writing to JHSC written recommendations within 21 days.
  • Provide information to the JHSC concerning potential or existing hazards in the workplace.
  • Promptly investigate, with a JHSC Worker Member, any work refusals.
  • Promptly investigate, with a JHSC Worker Certified Member, any alleged dangerous circumstance.
  • Consult with the JHSC in regard to training programs for hazardous substances.
  • Consult with the JHSC and provide health and safety information to the committee regarding any tests carried out on any machine, or for any substance in the workplace and to provide the opportunity for a Worker Member to be present at beginning of such test.
  • Ensure a JHSC is established at each Loyalist campus and maintained in accordance with this policy, legislative and regulatory requirements.
  • Ensure adequate Management representation on the JHSC.
  • Provide adequate resources to carryout JHSC duties including meetings, scheduled inspections, and training.
  • Respond to all concerns, recommendations and safety issues identified by the JHSC including attention to 21-day recommendations as required by the Occupational Health and Safety Act.
• 5.3 Certified Members will:
  • Investigate and assist toward resolution of work refusals and work stoppages.
  • Participate in or review investigation reports of all occupational critical injuries.
  • Participate in Ministry of Labour, Immigration, Training and Skills Development (MLITSD) investigations as required.
  • Certified Members acting as a meeting co-chair shall complete Appendix D – JHSC Notice of Recommendation and submit to the Employer as applicable.
• 5.4 Organizational Health and Wellness Resource Member will:
  • Act in an advisory capacity and will not participate in votes or stand in as a substitute co-chair. The Organizational Health and Wellness Resource Member will complete the following:
    • Notify JHSC of upcoming meetings and schedule meeting rooms.
    • Receive agenda items from the co-chairs and prepare and distribute JHSC agenda/resources in advance of the meeting.
    • Record minutes and distribute for approval.
    • Post approved JHSC minutes on the MyLoyalist – Virtual Health & Safety Board.
    • 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 correction action.
    • Ensure compliance and related regulatory standards are met.
    • Ensure to fulfill reporting obligations as per OHSA.
    • Participate in workplace inspections when needed.

6. Committee Members

• 6.1 Establishment of committee
  • Under the OSHA, Section 9 (4), the employer shall cause a joint health and safety committee (JHSC) to be established and maintained at the workplace. At Loyalist College, the Vice-President of People & Culture, acting on behalf of the College Executive Team (CET) and of the Employer is responsible for ensuring that a JHSC is established and operates in accordance with the OHSA.
  • To ensure that the committee membership is properly established and maintained, the Vice-President, People & Culture or designate will:
    • 6.1.1 Contact the appropriate union local president whenever there is a Worker Member vacancy for either Union Local 420 (Faculty) or Union Local 421 (Support Staff) and request that they designate a new union member/employee to sit on the committee. This process also includes the designation of all Worker Members on newly established JHSC, the designation of new Worker Members on an existing JHSC, and the designation of Worker Members for subsequent terms on a JHSC.
    • 6.1.2 Wherever there is a Management Member vacancy, ensure that Management members are appointed to the committee.
    • 6.1.3 Inform the managers of any JHSC members that these members are to be provided with appropriate time from work to attend meetings, conduct inspections and carry out other required functions.
    • 6.1.4 Notify the co-chairs of membership changes on the management side.

• 6.2 Joint Health and Safety Committee (JHSC) Composition
  • 6.2.1 Under OHSA, Section 9 (7), at least half the members of a joint health and safety committee shall be workers employed at the workplace who do not exercise managerial functions R.S.O. 1900, c. 0.1, 9 (7).
  • 6.2.2 The members of a committee who represent workers shall be selected by the workers they are to represent or, if a trade union or unions represents the workers, by the trade union or unions. R.S.O. 1990, c. 0.1, s.9 (8).
  • 6.2.3 A committee shall consist of at least four persons, or such greater number of people as may be prescribed, for a workplace where fifty or more workers are regularly employed. R.S.O. 1990, c.0.1, s.9 (6). See section Legislative Requirements for details.
  • 6.2.4 The committee composition at Loyalist College, Belleville campus shall consist of 8 (eight) members:
    • Four (4) Worker Members including two from Union Local 420 (Faculty), two from Union Local 421(Support Staff).
    • Four (4) Management Members selected by the College Executive Team (CET). This will include:
      • 1 Management Member from Facilities Services (ex-officio with voting rights);
      • 1 Management Member from Risk, Contracts and Insurance (ex-officio with voting rights); and
      • 2 Management Members named by CET.
    • The Organizational Health and Wellness Advisor who acts solely in a resource capacity.
  • 6.2.5 One Worker Member will be selected by the committee members representing workers, and one Management Member will be selected by committee members representing management, to co-chair the meetings.
  • 6.2.6 Committee members are allowed time to prepare for and attend committee meetings, participate in training activities, and perform other JHSC duties.
  • 6.2.7 The OHSA does not specify requirements relating to the terms of committee members. While there are no terms to committee members, the College recommends a term of four years on the committee. A four-year term allows members to gain enough training, experience and momentum to be a productive member of the committee and create positive change in the workplace but prevents member burnout and complacency. When the member’s term is up, they can assess if they are still willing and able to be a productive member.
  • 6.2.8 Vacancies should be filled as quickly as possible.

• 6.3 JHSC Legislative Requirements under OHSA:
  • 1 to 5 employees: Employer is not required to have a JHSC or a health and safety representative unless a designated substance regulation applies to the workplace.
  • 6 to 19 employees: Employer is required to have one health and safety representative who is selected by the workers they represent. If a designated substance regulation applies to the workplace, the employer is required to have a JHSC.
  • 20 to 49 employees: Employer is required to have a JHSC. The committee must have at least two (2) members.
  • 50 plus employees: Employer is required to have a JHSC. The committee must have at least four (4) members.
    • Loyalist College has other workplaces employing less than twenty (20) workers. Under the OHSA, these workplaces are not required to have a JHSC. In order to ensure proper health and safety guidance, the Bancroft and Belleville Community Employment Services (CES) units have been combined to create a separate JHSC.
    • For reference, member composition requirements have been identified for each Loyalist site as follows:

• 6.4 Co-Chairs
  • 6.4.1 There shall be two (2) co-chairs of the JHSC; one (1) selected by the Employer from those JHSC members representing Management, and one (1) selected by those JHSC members representing Workers. Every effort will be made to rotate the running of JHSC meetings between the Worker and Management co-chairs, even though both co-chairs shall share the responsibilities of chairing the joint committee meetings.
  • 6.4.2 The Management co-chair term of office will be a two-year term subject to review by the Employer. Any extension or replacement of the Management co-chair will be at the discretion of the CET. The appointment of a management co-chair must be voted by the management members of the JHSC.
  • 6.4.3 Duties of the co-chairs include but are not limited to:
    • Alternating chair duties.
    • Reviewing and approving minutes.
    • Reporting actions taken as a result of items arising from previous minutes.
    • Issuing recommendations to Management upon committee approval.
    • Ensuring that all members have an opportunity to participate and to ensure objectivity even when points of view differ significantly; presenting any new business; and
  • 6.4.4 Duties of the JHSC members include but are not limited to:
    • Listen to the health and safety concerns of the workers
    • Encourage workers to report hazards or unsafe working conditions to their supervisor
    • Ensure health and safety concerns are brought to the JHSC and acted upon
    • Provide input into proposed industrial hygiene testing
    • Review the health and safety program and assist in the implementation of new programs

7. JHSC Meetings

• Will be held at least every three (3) months on a date and time agreeable to all committee members.
• The co-chairs may alternate in the role of meeting chair.
• The committee will reach decisions based on “Robert’s Rules of Order”. See Appendix OHS-001(K) for a summary of these rules.
• Committee members will prepare for meetings by:
  • Reviewing previous minutes.
  • Reviewing recent incident reports.
  • Preparing reports, reviewing submitted information or gathering information when assigned.
  • Reviewing inspection reports completed in the past month(s) and identifying areas of concern or follow-up needed.
• Note that committee members are allotted time (1 hour) to complete these functions.
  • 7.1 Guests
    • Guests are considered to be any individuals outside of the JHSC membership, such as local union presidents, managers or employees who are invited to present on a topic.
    • Guests, with the approval of both co-chairs, may attend committee meetings to provide additional information and comment on a particular agenda item. Guests shall not participate in the regular business of the meeting.
  • 7.2 Quorum
    • Quorum for each JHSC meeting requires at least two (2) of Management Members to be present and two (2) of Worker Members to be present; a JHSC Worker Member from each Union Local must be present, but the total required JHSC Worker Members can be composed of representatives from both locals.
    • When meeting quorum is not met, the committee members present can decide to proceed discussing JHSC business items as information only, but the JHSC cannot close business items without quorum. If a JHSC meeting is cancelled or quorum requirements are not met it will not hinder the process of reporting workplace inspections.
  • 7.3 Agenda and Meeting Minutes
    • Agenda items must be sent to the co-chairs and approved by them. Once approved, co-chairs will send agenda items to the Organizational Health and Wellness Resource Member who will provide the agenda one week in advance of the scheduled meeting and record written minutes during each meeting.
    • JHSC members must contact the Co-Chairs to have items added to the agenda before the meeting. New agenda items identified during the meeting will be added to the “New Business” section and discussed, time permitting.
    • The JHSC may identify any matter pertaining to occupational health and safety for committee review and discussion.
    • Agenda items shall remain as “open” and considered as “unfinished business” in the minutes until the JHSC agrees the issue has been appropriately addressed. Items shall be identified as “closed” based on the result of the vote during a scheduled meeting.
    • Meeting minutes shall be provided for review in advance of the next meeting, and approval of JHSC members in attendance.
    • Upon approval, meeting minutes will be distributed electronically as follows:
      • JHSC members
      • College Executive Team (CET) members
      • My Loyalist, Virtual Health & Safety Board
  • 7.4 Issue Resolution
    • All items raised from the agenda in meetings will be dealt based on “Robert’s Rules
      of Order”. See Appendix OHS-001(K) for a summary of these rules.
    • If a decision cannot be reached after attempting in good faith to do so, either co-chair of the committee has the option to make written recommendations to the College Executive Team (CET) as outlined in section below.
    • All items that are resolved will be reported in the minutes. Outstanding items will be recorded in the minutes and placed on the agenda for the next meeting.
  • 7.5 Committee Recommendations
    • The first step is for the committee to make a formal recommendation to the Vice-President of People and Culture (representing CET) regarding a health and safety matter. The recommendation will be recorded in the minutes of the meeting. The JHSC Recommendation Form will be completed and signed by the committee co-chairs.
    • The Vice-President of People and Culture will communicate in writing directly within twenty-one (21) working days to the co-chairs/co-chair with a response to the minute recommendations. For recommendations that management agrees with, the response will contain a timetable for implementing the recommendations. For recommendations that management does not agree with, the response will contain the reasons for the disagreement.
    • If the committee is unsatisfied with the response from the Vice President of People & Culture, the next step is to make a formal recommendation to the CET.
    • If all the options above have been unsuccessful to address the health and safety issue or concern and the situation continues, a complaint can be filed with the Health and Safety Contact Centre of the Ministry of Labour, Immigration, Training and Skills Development (MLITSD).
  • 7.6 Training
    • While the ideal situation is for every JHSC members to be certified, a minimum of 4 JHSC members must be certified within 6 months of being elected to the committee, and complete scheduled recertification training as required. Health & Safety Representatives must complete basic training.
    • JHSC members and Health & Safety Representatives will also complete training in Workplace Inspections and Accident Investigations
    • Training costs will be covered by the College.

8. Workplace Inspections

• 8.1 One section of the College (Belleville campus) will be inspected on a monthly basis, with all areas covered each year.
• 8.2 The JHSC may perform additional inspections if workplace incidents or other safety concerns are flagged for a particular area.
• 8.3 Inspections will be performed by one Worker Member and, if possible, accompanied by a Management Member. If possible, neither member should not be from the area or department to be inspected.
• 8.4 If the inspection is conducted by one Worker Member and one Management Member, they will decide who will be the Workplace Inspection Coordinator for the purpose of reporting.
• 8.5 To assist in the inspection process, refer to Appendix OHS-001(C) for a Workplace Inspection Checklist appropriate to the area being inspected.
• 8.6 When possible, the Supervisor of the area being inspected should be invited to participate in the inspection process.
• 8.7 Hazards and unsafe work practices must be documented on Form OHS- 001(A) Workplace Inspections and prioritized according to the severity of the hazard. Refer to Appendix OHS-001(L) Setting Hazard Priorities. Whenever possible, identify the OHSA or regulation related to the listed hazard in the indicated column.
• 8.8 If hazards found during the inspection are immediately dangerous to life and health, these hazards must be corrected on the spot or isolated; otherwise, the work must be stopped. Refer to Section 4.9, if necessary.
• 8.9 The completed Workplace Inspection Report is protected and distributed electronically to the identified Supervisor(s) with responsibility for the area Organizational Health & Wellness Resource Member. See Appendix OHS-001(H) for a Sample JHSC Workplace Inspection Cover Letter.
• 8.10 The JHSC member inspecting a workplace zone will provide a summary of the inspection at the next JHSC meeting, highlighting any significant hazards found or areas of concern identified.
• 8.11 The Organizational Health and Wellness Resource Member will follow up on outstanding items from past Workplace Inspections Reports to ensure completion.

9. Incident Investigation and Review

• 9.1 The selected Worker Member (or alternate) will investigate fatalities or critical injuries that occur at the workplace.
• 9.2 In the event of a critical injury, the selected Worker Member will physically inspect the accident site and any related equipment and provide a report of their findings to the Ministry of Labour (MLITSD). Until clearance is received by the MLITSD Inspector, the accident scene must not be disturbed or altered.
• 9.3 JHSC members will review the incident reports of significant incidents including those resulting in lost time, medical treatment or modified work arrangements. Incident trends will be discussed at the JHSC meetings and members may offer suggestions as to corrective measures so as to prevent further incidents.
• 9.4 See also OHS 006 Workplace Incident Reporting.

10. Work Refusal Investigation

• The selected Worker Member (or alternate) will attend a work refusal investigation with the Vice-President of People and Culture or a designate or with the Supervisor of the area and the worker refusing the work.
• See OHS 001 Appendix J for a Flow Chart of the Work Refusal Process.

11. Ministry of Labour Inspection

• The selected Worker Member (or alternate) will accompany the Ministry of Labour Inspector while they are carrying out a physical inspection of the workplace.
• The Organizational Health and Wellness Resource Member will be notified and will accompany the inspector during the inspection of the workplace.

12. Industrial Hygiene and Other Workplace Testing

• Prior to any industrial hygiene testing, the selected Worker Member (or the entire JHSC) must be consulted concerning the proposed workplace testing strategies.
• The selected Worker Member (or alternate) is entitled to be present at the beginning of the industrial hygiene testing.

13. Recommendations to the College Executive Team (CET)

• If the JHSC has identified a situation that may be a source of danger or a hazard to workers, the committee can make formal, written recommendations to the College Executive Team (CET).
• See OHS 001 Appendix I for a Sample JHSC Recommendation Letter.

14. Stop-Work Orders

• Work can be stopped in “dangerous circumstances”. This means a situation in which all of the following are true:
  • The OHSA or the regulations are being contravened; and
  • The contravention poses a danger or hazard to a worker; and
  • Any delay in controlling the danger or hazard may seriously endanger a worker.
• If a Certified Member has reason to believe that dangerous circumstances exist, the Certified Member will ask a supervisor of the area to investigate. The Supervisor must investigate promptly, and the Certified Member must accompany the Supervisor while they investigate.
• If a Certified Member is not satisfied with the Supervisor’s investigation, and feels the dangerous circumstance still exists, the other Certified Members of the committee must be contacted and asked to investigate with the first Certified Member.
• If all Certified Members agree that dangerous circumstances exist, the employer is advised to immediately stop the work or stop using any part of the workplace or any equipment, machinery, tools, etc.
• If the Certified Members do not agree, either Certified Member may ask a MLITSD Inspector to investigate and to advise on the necessity of a work stoppage prior to the MLITSD investigation.
• After taking steps to remedy the dangerous circumstance, the employer can request that the Certified Members who issued the stop-work order, or a MLITSD inspector, cancel it.

15. Notices

• 15.1 Notice of death or injury
  • Where a person is killed or critically injured from any cause at a workplace, the employer shall notify an inspector, and the committee, health and safety representative and trade union, if any, immediately of the occurrence by telephone or other direct means and the employer shall, within forty-eight hours after the occurrence, send to a Director and to the committee, health and safety representative and trade union, if any a written report of the circumstances of the occurrence containing such information and particulars as the regulations prescribe. R.S.O. 1990, c. O.1, s. 51 (1); 2011, c. 1, Sched. 7, s. 2 (7); 2021, c. 34, Sched. 15, s. 7.
• 15.2 Notice of accident, explosion, fire or violence causing injury
  • If a person is disabled from performing his or her usual work or requires medical attention because of an accident, explosion, fire or incident of workplace violence at a workplace, but no person dies or is critically injured because of that occurrence, the employer shall, within four days of the occurrence, give written notice of the occurrence containing the prescribed information and particulars to the following:
    • The committee, the health and safety representative and the trade union, if any.
    • The Director, if an inspector requires notification of the Director. 2001, c. 9, Sched. I, s. 3 (12); 2009, c. 23, s. 5.
• 15.3 Notice of occupational illness
  • If an employer is advised by or on behalf of a worker that the worker has an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by or on behalf of the worker, the employer shall give notice in writing, within four days of being so advised, to a Director, to the committee or a health and safety representative and to the trade union, if any, containing such information and particulars as are prescribed. R.S.O. 1990, c. O.1, s. 52 (2); 1997, c. 16, s. 2 (12).

16. Related Documents and Links

• Appendix A: Belleville JHSC Members
• Appendix B: Workplace Inspection Zones
• Appendix C: Workplace Inspection Checklists
• Appendix D: Map Zone 1a, 2, 3, 6, 8b
• Appendix E: Map Zone 1b, 4, 7, 9
• Appendix F: Map Zone 4, 5, 6, 7, 8a
• Appendix G: Map Zone 10, 11, 12
• Appendix H: Sample JHSC Workplace Inspection Cover Letter
• Appendix I: Sample JHSC Recommendation Letter.
• Appendix J: Flow Chart of the Work Refusal Process
• Appendix K: Robert’s Rules of Order
• Appendix L: Setting Hazard Priorities
• Form A: Workplace Inspection

17. References

• Occupational Health & Safety Act
• Ministry of Labour – “A Guide for Joint Health and Safety Committee and Health and Safety Representatives in the Workplace.”