• Site Map
• Search
• Contact Us
• Français
• Privacy Statement

 

Services

Model Clause on Health and Safety

1
The employer is responsible under the Occupational Health and Safety Act [insert the name and current date of relevant provincial legislation governing occupational health and safety] to provide an environment that protects the health, safety and security of Members as they carry out their responsibilities. Changes to the legislation shall be implemented in accordance with the agreement between the parties (or the employer and the association).

2
Members have the right to refuse work if they have reasonable cause to believe it is unsafe.

3
The Employer agrees:

(a)    to establish and maintain a Joint Health and Safety Committee (JHSC) with broad representation drawn from all sectors of the institution, including two (2) persons appointed by the Association;¹ and two (2) co-chairs (1 selected from employer representatives by the employer and 1 selected by employee group representatives from among their number);

(b)    to act promptly on the recommendations of the committee referred to in (a) to maintain a safe, secure, healthy, and accessible work environment;

(c)    that the Association has the right to appoint at least one (1) person to any representative committee whose terms of reference specifically include the health, safety, accessibility, and security of Members as they carry out their responsibilities;

(d)    that the committee meets a minimum of four (4) times per year or more often as determined by the committee or legislation;

(e)    that monthly inspections of the workplace shall be carried out by the Joint Health and Safety Committee; and

(f)    that all health and safety meetings are properly minuted, signed off by the co-chairs and posted with the Occupational Health and Safety Act [insert the name of relevant provincial legislation governing occupational health and safety], in every building considered a workplace.

4
The Employer shall provide the JHSC with:

(a)    an annual budget administered by the committee to address proactively the requirements of this Article;

(b)    paid time for committee members to work on health and safety issues, prepare for and attend health and safety meetings; and

(c)    all information requested by the committee to carry out its duties, including but not limited to the generality of the foregoing: all reports required by health and safety legislation; a list including place, date and time of all enquiries or complaints about health, safety and security issues made by employees; and reports on all inspections and responses to employee enquiries and complaints.

5
The Employer shall provide Members with:

(a)    facilities, supplies, procedures and services that are either required by the Occupational Health and Safety Act or identified by the JHSC to protect the health, safety, and security of employees and to ensure physical accessibility as they carry out their responsibilities of employment on the employer’s premises;

(b)    a private office providing a healthy and safe environment which includes, but is not limited to: ergonomically sound furnishings and equipment; sound insulation; lockable doors; sufficient lighting for reading, writing, and computer work; appropriate window and floor coverings; temperature control and proper ventilation;

(c)    protective equipment whenever such equipment is either required by the Act or the regulations pertaining to the Act or identified by the JHSC for the safe performance of the Members’ responsibilities of employment; and

(d)    All training required by the provincial health and safety legislation and any other training as identified by the JHSC.

Endnote
1. Entitlement of the association’s membership on such committees will vary according to provincial legislation. Ensure that you are asking for the maximum allowable under the Act.