Draft Joint Occupational Health and Safety Committee Regulations

DRAFT
14 November 1997

Regulations Respecting Joint Occupational Health and Safety Committees

MADE PURSUANT TO CLAUSES 82(1)(l), (m) AND (n) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT OF NOVA SCOTIA, 1996.

Title

1 These regulations may be cited as the Joint Occupational Health and Safety Committee Regulations.

Application

2 Appendix A to these regulations applies only to an employer or constructor and the committee, in the workplace of that employer or constructor, named in an order of the Director made under section 9 and as specified in the order.

Committee

3 Every committee shall include a sufficient number of members representing employees to equitably represent groups of employees who have substantially different occupational health and safety concerns.

Proficiency

4(1) Every employer or constructor shall ensure that every member of a committee is proficient in

(a) the internal responsibility system;
(b) the Act and general content of the regulations, and the policy or program in the workplace; and
(c) the role, composition and functions of the committee and its rules of procedure.

(2) Every employer or a constructor shall conduct, in consultation with the committee, a periodic review of the training program of the committee to determine training requirements of members.

Support

5 (1) Every employer or constructor shall provide information, instruction, facilities including meeting rooms, materials, equipment and administrative support that is reasonable to enable the committee to perform its functions.

(2) Every employer or constructor shall ensure that every employee, and particularly every supervisor, receives the necessary information, instruction, training, supervision, facilities, and equipment to assist the committee.

Rules of Procedure

6 (1) Every committee shall include, in its rules of procedure, a provision on

(a) the composition of the committee, the term of appointment of a member and quorum for a meeting;
(b) the manner in which a co-chairperson or chairperson is selected in accordance with subsections 30 (8) and (9) of the Act;
(c) the frequency of meetings, the manner in which meetings are called and by whom;
(d) the notice to be given for regular or emergency meetings, conduct of a meeting and recording, maintaining and place of storage of minutes of a meeting;
(e) the conditions, including work refusals or a serious accident , that warrant the calling of an emergency meeting by a co-chairperson or chairperson or, in the absence of a co-chairperson or chairperson, a member of the committee;
(f) the manner in which the agenda for a meeting will be set;
(g) the periodic recurrence on the agenda of items regarding a review of the policy or program in the workplace and any other matter which the Act or the regulations require that the committee be consulted on ; and
(h) provide for any other matter that the committee deems necessary to conduct its meetings.

(2) Every committee shall include, in its rules of procedure, a provision on

(a) scheduling, initiating and conducting inspections;
(b) handling complaints or concerns of employees, work refusals, accidents or incidents reported to the committee or a member of the committee;
(c) the manner in which a recommendation or a response to a complaint or a concern is made, including a response to the employee who made the complaint or raised the concern; and
(d) the manner in which records relating to the performance of its functions will be maintained and the place where the records will be kept.

Implementation

7 Every employer, constructor, contractor and employee shall ensure that all reasonably practicable measures are taken to facilitate the implementation of

(a) functions and duties of the committee; and
(b) the rules of procedure adopted by the committee including those set out in section 6 and those imposed by an order of the Director.

Assessment

8 The Director may assess the functioning of a committee to determine whether it is involving an employer or constructor and employees together in occupational health and safety in the workplace and, in particular, whether the committee is

(a) advising the employer or constructor on occupational health and safety matters;
(b) transferring information between the parties in the workplace in a timely manner;
(c) participating in inspections to identify hazards in the workplace;
(d) participating in investigations to review an accident or incident in the workplace;
(e) responding to complaints or concerns about health and safety in the workplace; and
(f) advising the employer or constructor regarding the policy or program in the workplace or any other matter required by the Act or regulations.

9 (1) If the Director determines that the committee is not carrying out its functions set out in section 31 of the Act, the Director may make an order for the adoption of a code of practice which includes all or specific provisions of Appendix A and any other matter that the Director deems necessary.

(2) The Director may specify in an order made under subsection (1) the date the order shall come into effect and the date it expires.

(3) Where an order made out under subsection (1) specifies provisions to be carried out by a committee, these provisions are deemed to be additional duties of the committee.

Appendix A

Interpretation

1 In this Appendix,

"management member" means a member of a committee chosen or designated by the employer or constructor; and
"employee member" means a member of a committee determined by the employees they represent or designated by the union that represents the employees.

Training

2 (1) In this section, "day of training" means a day consisting of at least six and one-half hours of instruction.
(2) Subject to subsection (7), an employer or a constructor shall ensure that each existing or new member of a committee receives adequate training consisting of at least

(a) five days of training, in the first year following the coming into effect of an order made under section 9 of the regulations; and
(b) three days of training in each of the subsequent years that the order is in effect.

(3) The training referred to in clause (2)(a) shall include instruction on

(a) the internal responsibility system;
(b) the policy or program in the workplace;
(c) the Act and the general content of the regulations;
(d) the functions of a committee to participate in hazard identification, inspections, investigations, complaints, work refusals, the evaluation of a policy or program or any training; and
(e) the operation of a committee including rules of procedure, communication, recommendations, minute and record maintenance.

(4) The training referred to in subsection (2) shall include a component that evaluates

(a) the training by the members of the committee who participated in it; and
(b) the knowledge acquired by the members of the committee who participated in it.

(5) Every employer or constructor shall provide for the joint participation in training of employee members and management members of the committee.

(6) Every employer or constructor shall provide the training, referred to in subsection (2), within 90 days of the coming into effect of the order made under section 9 of the regulations for existing members and of the appointment of a new member, unless the order specifies otherwise.

(7) Every employer or constructor is not required to provide the training referred to in sub- section (2) to a member of a committee

(a) who has received training previously and has left the committee, if the member rejoins the committee; or
(b) who demonstrates in writing that the member has received the training in the previous three years at another workplace, other than site-specific training.

(8) If a co-chairperson or chairperson of a committee is not proficient in conducting a meeting of the committee, every employer or constructor shall ensure that the co-chairperson or chairperson receives training to become proficient.

Committee

3 (1) Every committee shall consist of at least 3 members, at least two of which will be employee members.

(2) Subject to subsection 30(8) and 30(9) of the Act, every committee shall have two co-chairpersons, one elected by the management members and one elected by the employee members.

4 A quorum of a committee shall be one-half of the members, consisting of one-half of the employee members and one management member, including a quorum for a decision on a work refusal referred to in clause 43(1)(b) of the Act.

5 A member of a committee shall be appointed for a period of at least one year and not more than five and may be re-appointed.

Duties of committee

6 Unless the rules of procedure of a committee state otherwise, a committee shall use the Rules of Order set out in Appendix B to conduct its meetings.

7 The rules of procedure of a committee shall provide that a notice of a meeting of the committee shall be given to members at least two working days prior to the meeting, unless an emergency exists as defined in its rules.

8 The minutes of a meeting of a committee shall include

(a) the name and address of the workplace and employer;
(b) the date of the meeting;
(c) the names of the co-chairpersons or chairperson of the meeting;
(d) the names of the members present;
(e) the agenda items discussed and action taken;
(f) a list of agenda items not discussed or unfinished;
(g) a numerical list of concerns or complaints of the members, if any, and a description of each concern or complaint;
(h) the name of the member of the committee responsible for responding to a concern or complaint, a statement of the action to be taken and the target date of completion of the action, if the concern or complaint has not been resolved;
(i) a list of concerns dealt with between meetings, if any;
(j) a statement about an inspection or investigation which was done, a complaint received, a work refusal or an accident or incident reported, if any; and
(k) the date of the next scheduled meeting.

9 (1) At least one employee member and one management member of every committee shall conduct jointly a monthly inspection of the workplace.

(2) Every committee shall review and record a temporary change in the established inspection schedule.

(3) Despite subsection (1), where in the opinion of the committee circumstances warrant, the members of the committee conducting an inspection may restrict the monthly inspection to a portion of the workplace or to a specific type of inspection provided that the entire workplace is inspected in a 12-month period.

10 (1) Where an employee identifies a concern or complaint to a member of a committee, the committee or a member of the committee, shall assess and respond to it.

(2) To the extent practicable, a committee or a member of the committee, in accordance with the rules of procedure, shall respond to the employee who made the complaint or raised the concern referred to in subsection (1) within one shift worked by that employee.

(3) The committee or a member of the committee, in accordance with the rules of procedure, in the response on a complaint or concern, shall indicate the action taken by the committee or member and the follow up to be done, if the complaint or concern has not been resolved.

Duties of employer

11 Every employer or constructor shall

(a) promptly post in the workplace and distribute the minutes signed by a co-chairperson to each committee member; and
(b) keep a copy of the minutes for at least five years.

12 Every employer or a constructor shall provide to every employee information on the role of the committee and the manner in which it can be accessed.

13 Every employer or a constructor shall provide to a committee accident and incident information two days prior to a regularly scheduled meeting of the committee where practicable.

14 An employer or a constructor shall adopt a procedure for providing a committee with access to a manager who can address the recommendations referred to the employer or constructor by the committee.

15 (1) Every employer or constructor who initiates an investigation, respecting occupational health and safety in the workplace or referred to in the rules of procedure, shall

(a) inform the committee and give the committee an opportunity to participate in the investigation, in accordance with the rules of procedure; and
(b) advise the committee that it may conduct its own investigation.

(2) Where an emergency exists and a member of the committee is not available, the employer or constructor may proceed with the investigation referred to in subsection (1)..

Appendix B Rules of Order of Meetings of a Committee

Presiding a Meeting

1 (1) A co-chairperson or a chairperson is responsible for conducting a well-organized and effective meeting of the committee in accordance with the following rules of order.

(2) A co-chairperson or a chairperson shall conduct a meeting in a fair and impartial manner and give every member an opportunity to participate and speak at a meeting.

2 Prior to every meeting, a co-chairperson or chairperson shall ensure that the person who is to record the minutes of the meeting is present or request a member present to record the minutes.

3 At the opening of every meeting, a co-chairperson or chairperson shall

(a) call a meeting of the committee to order;
(b) note if a quorum exists, in accordance with the rules of procedure or the regulations but if there is no quorum, call a vote to adjourn the meeting to another time;
(c) call for a motion to adopt the previous minutes of the committee, if any, after requesting if any corrections or additions are needed to the minutes;
(d) after a discussion of the motion to adopt the previous minutes, call for a vote to declare the minutes, with corrections or additions, if any, to be adopted;
(e) call for a motion to adopt the agenda for the meeting after requesting if any changes or additions are proposed to the agenda;
(f) after discussion of the motion to adopt the agenda, call for a vote to adopt the agenda as proposed or as amended;
(g) proceed with the agenda items;
(h) call for a motion to adjourn the meeting if all the agenda items have been dealt with or no more time is available; and
(i) after discussion of the motion to adjourn, call for a vote to adjourn the meeting.

Motions

4 (1) A member may make a motion by

(a) raising a hand or standing; and
(b) after being recognized by the co-chairperson or chairperson, by moving a proposal as clearly and as simply as possible.

(2) The co-chairperson or chairperson may rule the motion of a member in order or temporarily out of order, if it does not conform to the order of business.

5 (1) For a motion which is in order, a co-chairperson or chairperson shall call for a second to the motion unless it has been seconded.

(2) If no member seconds the motion, the co-chairperson or chairperson shall state that the motion is dropped for want of a second.

(3) After a motion has been seconded, the co-chairperson or chairperson shall restate the motion and ask for discussion.

(4) The co-chairperson or chairperson shall allow adequate time for discussion before voting.

6 (1) A member may move an amendment to a motion on the floor.

(2) If seconded, discussion and a vote shall be held on the motion as amended prior to discussion and vote on the main motion. 7 (1) A member may raise a point of order involving the rules of order and the rights of a member at any time during the meeting.

(2) The co-chairperson or chairperson shall make a decision on the point of order before a motion or amendment to a motion is acted on.

8 (1) A member may make a motion - 1. to adjourn, 2. to recess, or 3. to raise a personal privilege at any time during the meeting.

(2) A motion to adjourn or to recess, requires a second and is not debatable and shall be voted on prior to any other motion pending.

(3) If more than one motion referred to in subrule (1) is made, it shall be acted on in the order set out in subrule (1).

(4) A co-chairperson or chairperson shall declare the meeting adjourned if the motion to adjourn carries.

9 (1) A member seeking personal privilege may interrupt the speaker and raise a matter that involves the immediate comfort or right of a member.

(2) A co-chairperson or chairperson shall attend to the motion which involves personal privilege without delay.

Discussion and Vote

10 Every member has the right to participate in any meeting and to one vote.

11 A member may speak without interruption except if another member makes a motion

(a) subject to time limit or a motion to reconsider by a member voting with the side that carried the motion; or
(b) a motion raising a personal privilege, a request for information, or a point or order.

12 Where several members simultaneously want to be recognized, a co-chairperson or chairperson shall recognize a member in the following order of preference

(1) a member who explains a proposal has the first opportunity to offer a motion;
(2) a member who has not engaged in the discussion is recognized ahead of one who has spoken; and
(3) a member who is opposed to a motion is given an opportunity to follow one who is in favour of the motion.

13 A member's remarks shall

(1) pertain to the question being debated, if the member wanders off the subject, the co-chairperson or chairperson must request remarks be confined to the pending question;
(2) be impersonal and addressed to the motion being considered; and
(3) be orderly and courteous; otherwise, the co-chairperson or chairperson may refuse the offending member the right to speak.

14 The co-chairperson or chairperson shall assure that the member speaking is heard by insisting members listen and not permit irrelevant discussion.

15 (1) When all members wishing to speak have spoken, the co-chairperson or chairperson brings the question to a vote by asking if there is further discussion, and then calls for the vote.

(2) If the discussion drags on for too long or no new facts or opinions seem to surface by further discussion, any member may move to close debate and vote on the question and this motion requires a second.

(3) A motion referred to in subrule (2), if seconded, is not debatable and the co-chairperson or chairperson shall at once call the vote on whether the discussion continues.

(4) Without a motion to close debate, a member wishing to discuss the question, even after part of the vote is taken, may do so and the complete vote shall be retaken.

16 (1) Unless otherwise specified in the Act, the regulations or the rules of procedure, a vote of a majority of the members present carries a motion.

(2) In the case of a tie vote, the co-chairperson or chairperson may cast the deciding vote, or the motion is lost.

(3) The co-chairperson or chairperson shall

(a) ask first for a vote of those in favour of a motion to say "yes", and then for those opposed to it to say "no" and
(b) decide and declare the outcome of the vote.

(4) If a voice vote is uncertain, the co-chairperson or chairperson may call for a show of hands.

(5) Members may change their vote until the co-chairperson or chairperson announces the result of the vote.