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HomeMy WebLinkAboutBy-law No. 2016-099 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 2016-099 Being a by-law to establish Guidelines for the Structure and Function of the Joint Occupational Health and Safety Committee for the Municipality of Bayham WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous that a Joint Occupational Health and Safety Committee be established to endeavour to meet the health and safety needs of municipal employees; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the Council of The Corporation of the Municipality of Bayham hereby establishes a Bayham Joint Occupational Health and Safety Committee whose structure is set out in Schedule "A" attached hereto and forming part of this by- law. 2. THAT the said Committee shall operate in accordance with the said Structure being hereby adopted. 3. THAT By-law No. 2003-002 as amended shall be repealed in its entirety. 4. THAT this By-law shall come into full force and effect on the date of its passage. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF NOVEMBER, 2016 MA OR f MUNICIPALITY OF BAYHAM GUIDELINES FOR THE STRUCTURE AND FUNCTION OF THE JOINT OCCUPATIONAL HEALTH & SAFETY COMMITTEE PREAMBLE 1. Although not required by the Occupational Health and Safety Act the Municipality of Bayham has chosen to establish a Joint Occupational Health and Safety Committee whose members will hold meetings on a regular basis. 2. It is our firm belief that through joint education programs, joint investigations of problems, and joint resolution of those problems, the workplace will be made safe and healthy for all employees. 3. The parties acknowledge that the proper functioning of the Joint Occupational Health and Safety Committee can only be carried out where the representatives of the employer and of the employees are committed to these responsibilities. To effect this, the undersigned undertake to make decisions that will be carried out by their respective organizations. 4. The parties hereto adopt these guidelines in good faith and agree to promote and assist the Joint Occupational Health and Safety Committee whenever and wherever possible. STRUCTURE OF COMMITTEE 1.1 The Joint Occupational Health and Safety Committee (referred to hereafter as "the JOHSC"), shall consist of a maximum of three (3) members, of which a minimum of two (2) members shall represent workers. These members will be one selected by the employer, one selected from the Bargaining Unit to represent the Bargaining Unit, and one from and to represent exempt Staff. Member replacement will be done on an alternating basis from each group. 1.2 The JOHSC shall meet on a regularly established schedule at least once every three (3) months. (Changes will be approved by the Co-chairpersons). 1.3 There shall be two (2) Co-chairpersons, one (1) from management, and one (1) from the employees; appointed for a definite period (1 year) who shall alternate the chair at meetings. Members shall be eligible for re-appointment 1.4 A Co-chairperson may, with the consent and approval of his/her counterpart, invite any additional person(s) to attend the meeting to provide additional information and comment, but they shall not participate in the regular business of the meeting. 1.5 The Municipality shall prepare and review at least annually a written occupational health and safety policy and post at a conspicuous place a copy of this policy. The Municipality shall develop and maintain a program to implement that policy. 1.6 The members of a committee shall have one (1) hour, or such longer period of time as the committee deems necessary, to prepare for each committee meeting. FUNCTIONS OF THE JOHSC 2.1 To attain the spirit of the Occupational Health and Safety Act, the functions of the JOHSC shall be: (a) to identify, evaluate and recommend a resolution of all matters pertaining to health and safety in the workplace to appropriate municipal authorities; (b) to encourage adequate education and training programs in order that all employees are knowledgeable in their rights, restrictions, responsibilities and duties under the Occupational Health and Safety Act; (c) to address matters related to Designated Substance Regulations and WHMIS where applicable; (d) to deal with any health and safety matters that the Committee deems appropriate. 2.2 Inspections The members of the Committee who represent employees shall conduct inspections of the physical condition of the workplace, by establishing an inspection schedule that ensures that the entire workplace will be inspected at least once a year. Generally all active workplaces will be inspected monthly where possible. 2.3 All health and safety concerns raised during the physical inspection will be recorded on an appropriate workplace inspection form and signed by the members of the inspection team. 2.4 The workplace inspection form will be forwarded to the JOHSC and to Municipal authorities within three (3) working days of the workplace inspection. The designated Department Head or appropriate authority will inform JOHSC of the status of the outstanding items. 2.5 Recommendations of the Joint Committee Municipal authorities will communicate in writing directly to the JOHSC within twenty-one (21) days with regard to minuted recommendations of the Committee by giving their assessment of the concerns, and outlining who is responsible for resolving the matter, along with a time frame in which the matter will be resolved. If they disagree with or do not accept any recommendations, reasons for the disagreement will be stated. 2.6 Accidents and Accompaniment --The Joint Committee will designate members to investigate all serious workplace accidents, and incidents that have the potential for a more serious accident. The inspection team will be responsible for overseeing that the requirements prescribed in Sections 25 and 26 of the Act and Sections 5 and 6 of the Regulations for Industrial Establishments are carried out. 2.7 The Joint Committee will designate two (2) members to accompany the Ministry of Labour Inspector while carrying out Ministry inspection of the workplace. 2.8 The members of the Committee representing employees shall designate a member to investigate work refusals. 2.9 The members of the committee representing employees shall designate a member to be present at the beginning of any occupational hygiene testing. The Committee members shall be given a copy of any and all reports. MINUTES OF MEETINGS 3.1 The Committee will designate a secretary for the meeting to take minutes and be responsible for having the minutes, typed, circulated and filed within one calendar week of the meeting, or as the Committee may from time to time instruct. Minutes of meetings will be reviewed, and edited where necessary, by the Co-chairpersons, then signed and circulated to all Committee members. A copy will be forwarded to the Municipal Administrator and posted in all work sites. Agenda items will be identified by a reference number, and be readily available in a proper filing system. Names of Committee members will not be used in the minutes except to record attendance. QUORUM 4.1 Where there are three (3) Joint Committee members, they shall have a quorum of two (2) members present in order to conduct business. The number of employer members shall not be greater than the number of employee members. PAYMENT FOR ATTENDANCE AT MEETINGS 5.1 All time spent in attendance at Committee meetings or in activities relating to the function of the Joint Committee will be paid for at the member's appropriate rate of pay for performing work, and the time spent is to be considered as time at work. MEETING AGENDA 6.1 A Co-chairperson will prepare an agenda and forward a copy of the agenda to all Committee members in a timely manner. 6.2 The Committee may accept any item as proper for discussion and resolution pertaining to health and safety. All items raised from the agenda in meetings will be dealt with on the basis of consensus rather than by voting. Formal motions will not be used. 6.3 All items that are resolved or not will be reported in the minutes. Unresolved items will be minuted and placed on the agenda for the next meeting. GENERAL 7.1 All employees will be encouraged to discuss occupational health and safety concerns with their immediate supervisor before bringing it to the attention of the Committee.