WSBC Regulatory Changes for JOHS Committee, Safety Reps and Accident Investigations

NEW Regulation 3.26 – Evaluation of Joint Committees

Synopsis

All joint occupational health and safety (JOHS) committees must be evaluated annually by:

  1. The co-chairs of the JOHS committee or
  2. Member or members of the JOHS Committee as designated by the co-chair or
  3. The employer or
  4. Person retained by the employer.

If option #3 or #4 is used to conduct the evaluation, input from the co-chairs and members must be sought out.

The evaluation must include the following information:

  • JOHS committee membership as per WCA 127 (a) to (d)
  • New Regulations take effect on:
  • April 3, 2017.
  • Selection of worker reps as per WCA 128
  • Selection of employer reps as per WCA 129
  • Fulfillment of duties and functions under WCA 130
  • JOHS committee met regularly as per WCA 131(2)
  • Written recommendations to employer as per WCA 133
  • Members receive time from work as per WCA 134
  • Safety training courses for each member as per WCA 135
  • JOHS Committee was provided with equipment, premises, clerical and information as per WCA 136
  • Meeting minutes and reports of meetings as per WCA 138
  • JOHS committee member instruction and training as per OHS Regulation 3.27 (new regulation)
  • Assessment of effectiveness of the JOHS Committee’s rules of procedure as per WCA 131(1)
  • Overall effectiveness of the JOHS Committee

A copy of the evaluation must be provided to the employer and the JOHS committee after completion.

The JOHS Committee must discuss the evaluation at the meeting immediately following receipt of evaluation. The JOHS Committee must ensure that all required items have been evaluated as listed above.

NEW Regulation 3.27 – Minimum Training Requirements for New JOHS Committee Members or Safety Representatives

JOHS Committee Synopsis

All new Joint Occupational Health and Safety (JOHS) Committee members selected on or after April 3, 2017 must be trained for at least 8 hours immediately, but no more than 6 months after becoming a member, on the following topics:

  • Duties and functions of a Joint Committee as per WCA 130
  • Rules of procedure of JOHS committees as per WCA 131
  • Investigation requirements as per WCA 173 – 176
  • Inspection requirements as per Regulation 3.5, 3.7 and 3.8
  • Refusal of Unsafe Work requirements as per Regulation 3.12
  • Evaluation of Joint Committees as per 3.26 (as listed above)

This training is NOT required if:

  • The new JOHS member was a JOHS Committee member within the last two years and was trained for 8 hours or more on all topics described here.

Safety Representative Synopsis

New Regulations take effect on: April 3, 2017.

All new Safety Representatives members selected on or after April 3, 2017 must be trained for at least 4 hours immediately, but no more than 6 months after becoming a member, on the following topics:

  • Duties and functions of a Joint Committee as per WCA 130
  • Investigation requirements as per WCA 173 – 176
  • Inspection requirements as per Regulation 3.5, 3.7 and 3.8
  • Refusal of Unsafe Work requirements as per Regulation 3.12

This training is NOT required if:

  • The new safety rep was a Safety Rep or JOHS Committee member within the last two years and was trained for at least 4 hours all topics described here.

Important Notes:

  1. All training for new JOHS Committees members and Safety Reps as laid out in this new Regulation is NOT considered part of educational leave required under WCA 135.
  2. All training provided for JOHS Committee and Safety Reps must provide a record of training to the employer.
  3. Training records must be maintained by the employer for 2 years after the employee ceases to be a member of the JOHS Committee or Safety Representative.

NEW Regulation 3.28 – Participation by Employer or Representative or Employer and Worker Representative

Investigation Process Synopsis

New Regulations take effect on: April 3, 2017.

Currently, WCA 174(1.1) states the following:

WCA 174 – Investigation Process

(1.1) For the purposes of subsection (1), the participation of the employer or a representative of the employer and a worker representative includes, but is not limited to, the following activities:

  1. Viewing the scene of the incident with the persons carrying out the investigation;
  2. Providing advice to the persons carrying out the investigation respecting the methods used to carry out the investigation, the scope of the investigation, or any other aspect of the investigation;
  3. Other activities, as prescribed by the Board.

Under Regulation 3.28, worker and employer representatives must now be included in the following activities in addition to (a) to (c) above:

  • Assisting the persons carrying out the investigation with gathering information relating to the investigation;
  • Assisting the persons carrying out the investigation with analyzing the information gathered during the investigation;
  • Assisting the persons carrying out the investigation with identifying any corrective actions necessary to prevent recurrence of similar incidents.


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