2016 PSAC National Health and Safety Conference I November 18 to 20, 2016

Le Centre Sheraton Montréal Hotel, 1201 René-Lévesque Blvd., West, Montréal, Québec

WORKSHOP

The “Right to Participate” in Workplace Inspections & Investigations

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

HANDOUT # 1

The Legal Framework

Inspection Investigation What does “Participate” mean?

Federal 135(7)(e) 135(7)(e) http://www.esdc.gc.ca/en/reports/health_s

afety/committees.page

http://laws-lois.justice.gc.ca/eng/acts/l-

2/page-27.html#h-58

PEI 25 (7) (a)

& (b)

25 (7) (c) https://www.princeedwardisland.ca/sites/d

efault/files/legislation/o-01_01.pdf

NFLD There is no legal

reference for participation in inspections or

investigations.

http://www.assembly.nl.ca/Legislation/sr/R

egulations/rc120005.htm

NB 15 (b), (g)

& (j)

15 (i) & (e) http://laws.gnb.ca/en/showfulldoc/cs/O-0.2/#anchorga:s_14 http://www.worksafenb.ca/docs/JHS_Book

let_Eng.pdf

NS 31(d) 31(d) http://nslegislature.ca/legc/statutes/occupational%20health%20and%20safety.pdf

http://novascotia.ca/lae/healthandsafety/docs/JOHCommitteeSingEmployer.pdf

QC 78 (9),

(11) &(13)

78 (11) &

(13)

http://legisquebec.gouv.qc.ca/en/ShowDo

c/cs/S-2.1

78 (11) and (13)

ON s. 23-29 31, 43(4)

&(7)

https://www.ontario.ca/laws/statute/90o01#BK18

https://www.labour.gov.on.ca/english/hs/pubs/jhsc/index.php

MB 40(10)(b)

&(h)

40(10) (i) http://web2.gov.mb.ca/laws/statutes/ccsm/

_pdf.php?cap=w210

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

SK OHSA s 28 – SEA

3-27(1)(a)

OHSA 29, 31, 48(1)(b)

– SEA 3-27(1)(e)

http://www.qp.gov.sk.ca/documents/English/Regulations/Regulations/O1-1R1.pdf

AB There is no legal reference for participation in inspections or

investigations unless you work for one of the 24 companies ordered by the minister to establish a committee. This is therefore not

enforceable by an officer.

BC 3.8 140(a) “Be present”; Policy Item D4-140-1

http://www.bclaws.ca/civix/document/LOC

/complete/statreg/--%20W%20--/Workers%20Compensation%20Act%20[

RSBC%201996]%20c.%20492/05_Regulations/15_296_97%20-

%20Occupational%20Health%20and%20Safety%20Regulation/296_97_01.xml#divi

sion_d2e1015

https://www.worksafebc.com/en/health-

safety/create-manage/joint-health-safety-committees

YK 9(a), 8, 9(c), 10(b) & 10(e)

www.gov.yk.ca/legislation/acts/ochesa_c.pdf (bilingue)

NWT 7.1(2)(a) 7.1(2)(b) Guide: www.justice.gov.nt.ca/en/files/legislation/safety/safety.a.pdf?t1471549974071

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

HANDOUT # 2

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #1: You work at Service Canada. Your workplace is routinely inspected and the inspection report from management has identified the presence of Legionnaire’s Disease in the heating ventilation and air conditioning systems. Upon inquiring, you are informed that the disease is contained to a specific section of the building where a couple of staff have recently booked off sick. You don’t know the cause of the illness. Property Management has released a blanket statement to all staff about a potential outbreak. Union members (including yourself) on the Joint Health and Safety Committee were not consulted or informed of the content of the statement before it was released. You contacted the employer co-chair of the Joint Health and Safety Committee who justified these actions by saying management needed to respond quickly to the situation.

1. What is the problem with this scenario?

2. What is the role of the union Health and Safety Representative indealing with this situation?

3. What are your first steps in ensuring the union Health and SafetyRepresentative(s) are part of the solution?

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #2: You are a new member of the Joint Health and Safety Committee in your workplace. A recent workplace inspection uncovered the likelihood of asbestos in the building. Building renovations are scheduled to begin in 3 months and you are concerned about ensuring the safety of staff in the building during this time. You raise this at a Joint Health and Safety Committee meeting and the employer blows you off by telling you not to worry, they will put the applicable measures in place to ensure safety of all staff during renovations. When you press for details, they seem unwilling to share – arguing that they are responsible for managing the issue.

1. What is the problem with this scenario?

2. What is the role of the union Health and Safety Representativein dealing with this situation?

3. What are your first steps in ensuring the union Health andSafety Representative(s) are part of the solution?

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #3: You work in a large government building that is quite old and in ill repair. You are a member of the Joint Health and Safety Committee. Over a month ago, an inspection uncovered water damage on three floors in the building and you suspect it may be more proliferate. These work areas are carpeted and there is a bad smell that is likely because of mould. You send a letter to the employer Co-Chair of the Joint Health and Safety Committee asking that an investigation take place to determine what exactly is causing the water damage and if there is in fact, mould in the building. The employer responds that they have already brought in specialists to conduct an investigation and will implement any recommendations arising from the investigation report.

1. What is the problem with this scenario?

2. What is the role of the union Health and Safety Representative indealing with this situation?

3. What are your first steps in ensuring the union Health and SafetyRepresentative(s) are part of the solution?

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #4: You are a member of the Joint Health and Safety Committee. You work in a large warehouse with offices on the top two floors. One of your members who works at reception refers a phone call to you, as a member of the Joint Health and Safety Committee. It turns out that a former employee died recently of mesothelioma and the family contacted the Employer to see if there was asbestos in the building. When you talk to the family member, they inform you that their initial conversation with the employer triggered the promise of an investigation to see if there is asbestos in the building. The family member is calling to follow-up because they haven’t heard back from the employer as to the outcome of the investigation. This is all news to you.

1. What is the problem with this scenario?

2. What is the role of the union Health and Safety Representative indealing with this situation?

3. What are your first steps in ensuring the union Health and SafetyRepresentative(s) are part of the solution?

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

ANSWER SHEET

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #1: You work at Service Canada. Your workplace is routinely inspected and the inspection report from management has identified the presence of Legionnaire’s Disease in the heating, ventilation and air conditioning (HVAC) systems. Upon inquiring, you have been informed that the disease is contained to a specific section of the building where you are aware that a couple of staff have recently booked off sick, but you don’t know why. Property Management has sent out a blanket statement to all occupants about a potential outbreak. Union members (including yourself) on the Joint Health and Safety Committee were not consulted or informed of the content of the statement before it was released. You have contacted the employer co-chair of the Joint Health and Safety Committee who has justified these actions by saying a quick response was necessary.

1. What is the problem with this scenario? No participation by employee representatives Concerns about testing/maintenance of HVAC Communication with committee not effective Hazard information not communicated to affected workers by

employer (sent by property manager)

2. What is the role of the union Health and Safety Representativein dealing with this situation?

Contact employer co-chair to determine if there is correlation withemployee absences

Request to participate in an inspection with a qualified person Obtain copies of relevant documents- previous inspection reports,

qualified person’s qualifications Communicate with the membership about potential linkages between

illness and the workplace

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

3. What are your first steps in ensuring the union Health andSafety Representative(s) are part of the solution?

Insist on participating in all aspects of investigation Request an emergency committee meeting Gain technical expertise in determining the adequacy of existing

testing protocol Identify what the next steps will be and draft a joint communique Request interim accommodation for high risk groups (immuno-

compromised, pregnant, etc)

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

ANSWER SHEET

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #2: You are a new member of the Joint Health and Safety Committee in

your workplace. A recent workplace inspection uncovered the likelihood of asbestos in the building. Building renovations are scheduled to begin in 3 months and you are concerned about ensuring the safety of staff in the building during this time. You raise this at a Joint Health and Safety Committee meeting and the employer blows you off by telling you not to worry, they will put the applicable measures in place to ensure safety of all staff during renovations. When you press for details, they seem unwilling to share – arguing that they are responsible for managing the issue.

1. What is the problem with this scenario? Employer withholding information Failure to cooperate with the committee Not informing employees of potential hazards – Right to Know Union may know what questions to ask

2. What is the role of the union Health and Safety Representativein dealing with this situation?

Insist that the employer engage with them on the matter Continue asking specific questions about the hazards and control

measures Communicate with the membership about their workplace

environment and work activities Conduct a survey of the membership

3. What are your first steps in ensuring the union Health andSafety Representative(s) are part of the solution?

Request a meeting of the health and safety committee Document the concerns including detailed questions put to the

employer Recommend a qualified person do an investigation Request scope of work information and list of contractors

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

Develop contingency plans (building maintenance, complaintmechanism, emergency procedures)

Establish protocol for future work Recommend a registry of exposure for current and past employees

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

ANSWER SHEET

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #3: You work in a large government building that is quite old and in ill repair. You are a member of the Joint Health and Safety Committee. Over a month ago, an inspection uncovered water damage on three floors in the building and you suspect it may be more proliferate. These work areas have carpeting and there is a bad smell that is likely because of mould. You send a letter to the employer Co-Chair of the Joint Health and Safety Committee asking that an investigation take place to determine what exactly is causing the water damage and if there is in fact, mould in the building. The employer responds that they have already brought in specialists to conduct an investigation and will implement any recommendations arising from the investigation report.

1. What is the problem with this scenario? Employees were not aware that there may be a health hazard Committee was not involved in developing interim measures Lengthy delay between inspection and qualified person’s

investigation Employer withholding information from committee and employees Committee not informed of date/time/location/name of qualified

person and upcoming investigation

2. What is the role of the union Health and Safety Representative indealing with this situation?

Advise the employer they wish to participate and Request necessary details about the potential risk of hazard of mould Seek to identify any members who may be high risk of injury/illness in

the affected work areas Recommend interim measures to the employer

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

3. What are your first steps in ensuring the union Health and SafetyRepresentative(s) are part of the solution?

Establish a line of communication with appropriate employerrepresentatives

Make sure you document all questions/concerns put to the employer Hold an emergency meeting of the Committee Seek to obtain a qualified person who has technical expertise Review existing inspection protocols and make recommendations for

improvements Monitoring the employer’s response to action items arising from

inspection reports

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

ANSWER SHEET

Inspection/Investigation Case Studies

You have 15 minutes to read the case study assigned to your group, answer the questions below, and be prepared to report on question #3 only.

Case Study #4: You have been a member of the Joint Health and Safety Committee for many years. You work in a large warehouse with offices on the top two floors. One of your members who works at reception refers a phone call to you, as a member of the Joint Health and Safety Committee. It turns out that a former employee died recently of mesothelioma and the family contacted the Employer to see if there was asbestos in the building. When you talk to the family member, they inform you that their initial conversation with the employer triggered the promise of an investigation to see if there is asbestos in the building. The family member is calling to follow-up because they haven’t heard back from the employer as to the outcome of the investigation. This is all news to you.

1. What is the problem with this scenario? No communication from employer on potential risk No existing records of exposure or hazard assessments for the

workplace No existing registry in place

2. What is the role of the union Health and Safety Representative indealing with this situation?

Gather information from the family member of the deceased worker Request information from the employer Seek to obtain hazard assessments and asbestos surveys Consult with members (survey) Hold a membership meeting advocating the benefits of a public

registry

3. What are your first steps in ensuring the union Health and SafetyRepresentative(s) are part of the solution?

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

Request a meeting to document a request for information aboutbuilding and materials

Request a hazard assessment to determine the presence of asbestos Establish a mechanism for documenting current /past exposure Request employer contact past employees – notification/call-out, etc.

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

HANDOUT # 3

Strategies you can use & Resources

Keep good records (personal diary, notebook, copies of emails, etc.)

Always document the union recommendations in writing and keep onrecord.

Contact members on your local union executive.

Contact your PSAC Regional H&S Representative (List on the website.

Contact your Component for advice and assistance.

Contact the PSAC National H&S Program.

Contact Canadian Centre for Occupational Health and Safety(www.ccohs.ca)

Consider filing a Grievance (for some participants a National JointCouncil Grievance on the NJC OHS Directive is an option(https://www.tbs-sct.gc.ca/tbsf-fsct/340-55-nf.PDF ).

File a complaint or make a general inquiry with the governmentinspectors (Federal jurisdiction is with ESDC-Labour Programs(www.labour.gc.ca or by phone at 1-800-641-4049).

2016 National Health and Safety Conference – Montreal QC

Workshop – The “Right to Participate” in Workplace Inspections & Investigations

HANDOUT # 4

Workshop Evaluation

Name: ______________________________________

Workshop title: _______________________________

Facilitator(s) ____________________________________________

1. Do you feel that the workshop objectives were met? Explain …

2. What is your best take-away from this course? Why?

3. Is there anything we could have done better? Please be specificin providing us with this feedback.

4. Will the materials provided be useful to you as a health andsafety activist? Why? / Why not?

5. Other – anything else you would like us to know to improve thisworkshop.