The Ontario Institute for Studies in Education of The University of Toronto

&The Department of Sociology

JOINT HEALTH AND SAFETY COMMITTEE

TERMS OF REFERENCE

Draft12 February 2003

PREAMBLE

The University of Toronto as an employer is responsible for establishing and maintaining joint health and safety committees to deal with health and safety issues concerning employees in all bargaining units and other employee groups in University workplaces.

The University of Toronto and its employees (the “parties”) firmly believe that through joint investigations of health and safety issues and joint resolution of these issues, the workplace will be co-operatively maintained in a safe and healthy condition.

The University of Toronto and its employees have acknowledged that the proper functioning of the Committee can only be carried out where the representatives of the parties are committed to their responsibilities under the Act and have agreed to endeavour to promote a co-operative, positive and progressive effort concerning health and safety in the workplace.

The University and the representatives of its staff in the Faculty of O.I.S.E./UT and the Department of Sociology agree to establish and maintain a Joint Health and Safety Committee (the "Committee") to deal with health and safety issues within all workplaces of the Faculty and have agreed to the terms of reference set out herein for the composition and function of this committee pursuant to Section 9 of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1.

1.0 COMPOSITION OF THE COMMITTEE

.1 There shall be “worker” representatives on the Committee chosen as follows:

(a) Certified Worker Representative - minimum 1

(b) C.U.P.E. Local 3902 Worker Representative - minimum 1

(d) U of T Faculty Association Worker Representative - minimum 1

(e) U.S.W.A. Local 1998 Worker Representative - minimum 1

The process for the selection of the worker representatives for the Committee shall be determined by the various worker groups, both Union and Non Union withing O.I.S.E./UT

and the Department of Sociology.

1.2 The Unions and other employee groups may also select alternate worker members for the purpose of attending Committee meetings if a worker member cannot attend the meeting.

1.3 There will be a maximum of three (3) and a minimum of one (1) management representatives on the Committee appointed by the Dean of O.I.S.E/UT and the Chair of the Department of Sociology. The Dean and Chair of Sociology may also select alternate members from among persons who exercise managerial functions if a management member cannot attend the meeting.

1.4 There will be two co-chairpersons (“co-chairs”) of the Committee, one co-chair to be selected by the worker members of the Committee and one co-chair to be selected by the management representatives on the Committee. Term of office will be as determined by each representative.

1.5 There will be a minimum of two (2) certified members as required by the Occupational Health and Safety Act. The certified member representing the workers shall be chosen by the worker members of the committee; the certified member representing management shall be appointed by the Dean of OISE and the Chair of the Department of Sociology.

The Committee may recommend that additional Committee members be trained where, in the Committee’s view the nature of the workplace hazards warrant their presence.

1.6 Committee meetings will be scheduled at least once every three months. Changes to the meeting schedule may take place with the agreement of the Committee’s co-chairs, provided that the period of time between any two committee meetings do not exceed three months.

1.7 Additional person may attend Committee meetings to provide additional information and comment with the approval of both co-chairs. Such persons will have no voting rights within the committee.

2.0 FUNCTIONS OF THE COMMITTEE

General

2.1 It is the function of the Committee to:

(a) identify, evaluate, and amke recommendations concerning workplace health and safety issues;

(b) inspect the workplaces on a regular basis

(d) discuss other workplace health and safety issues and reports as appropriate

WORKPLACE INSPECTIONS

2.2 The worker membership will designate one or more worker members to conduct workplace inspections. With the agreement of the worker members, management members may accompany the worker members on the inspection.

2.3 Committee members will inspect 45 Walmer Road, 371 Bloor Street, and 252 Bloor Street on a regular basis. An inspection schedule will attempt to have some parts of the workplaces inspected each month and that entire workplaces are covered during the course of one year.

2.4 The Committee will prepare and adopt inspection forms. All Committee members conducting inspections will use the approved inspections forms and the forms will be signed by the committee member(s) conducting the inspection upon completion of the inspection. Completed inspected forms will be provided to the committee co-chairs. Where a problem is identified in the report, the co-chairs shall promptly send a copy of the report to the supervisor of the area involved. The supervisor of the workplace will acknowledge receipt of the inspection form and respond in writing before the next scheduled Committee meeting and will provide a copy of his/her written response to the co-chairs outlining appropriate action taken to correct any deficiencies identified by the inspection.

RECOMMENDATIONS OF THE COMMITTEE

2.5 The Committee shall forward any recommendations to the Dean of OISE/UT, the Director of Environmental Health and Safety, and the unions represented on the Committee. The Dean of OISE/UT will provide a written response to Committee recommendations (in accordance with section 9(20) and 9(21) of the Act) to the co-chairs within twenty-one (21) calendar days after receipt of the written recommendations. This response shall include a timetable for implementing the recommendations the Dean agrees with, and the reasons for disagreement with any recommendations not accepted.

ACCIDENT INVESTIGATIONS

2.6 The Office of Environmental Health and Safety will provide lost-time/medical aid information to the co-chairs on a regular basis and upon request.

2.7 Where a worker is killed or critically injured on the job, the worker members of the committee shall designate one or more such members to investigate the accident and inspect the place where the accident occurred. The findings of investigation shall be provided to the committee, the appropriate manager, the unions represented on the committee the Office of Environmental Health and Safety, and the Ministry of Labour.

2.8 A designated worker certified member and a management member are to be notified and accompany any Ministry of Labour inspector conducting inspections in the workplaces. The Director, Environmental Health and Safety shall also be notified, and the Director or his/her designate may accompany the inspector during the inspection of the workplaces.

2.9 A designated worker member and an management member will be notified and attend a work refusal of any bargaining unit member without delay. The Director, Environmental Health and Safety will also be notified, and the Director or his/her designate may attend the work refusal.

3.0 MINUTES OF MEETINGS

3.1 The Dean of OISE/UT will provide clerical assistance with respect to typing, filing and timely circulation of the agenda and minutes of Committee meetings

3.2 The Dean of OISE/UT shall designate a Secretary of the Committee to take minutes at all Committee meetings, maintaining committee records and posting of names and work locations of committee members in the workplaces.

3.3 Minutes of Committee meetings are to be reviewed and signed by both co-chairs prior to circulating or posting.

3.4 Copies of minutes signed by co-chairs will be forwarded to the committee members, the Dean of OISE/UT or his/her designate and the Chair of the Department of Sociology or his/her designate, the union(s) represented on the committee, and the Director of Environmental Health and Safety.

3.5 The names of Committee members should not be used in the minutes of Committee meetings except for attendance purposes.

4.0 QUORUM

4.1 A quorum for scheduled Committee meetings will consist of one (1) management member (can be co-chair), one (1) co-chair (can be management or worker), and five (5) worker members. Student representatives or guests do not count towards the determination of the quorum.

5.0 PAYMENT FOR COMMITTEE MEMBERS

5.1 All time spent by Committee members in connection with attending at Committee meetings or performing duties prescribed by the Act or these terms of reference will be considered as time at work for which Committee members will be paid at the appropriate rate of pay,

6.0 COMMITTEE MEETING AGENDAS

6.1 The co-chairs will prepare a copy of the agenda for each meeting and distribute it to all members,

the Office of Environmental Health and Safety, and the unions represented on the committee at least

one (1) week in advance of regularly scheduled Committee meetings.

6.2 Agenda items will consist of workplace health and safety issues. Agenda items should be dealt with by consensus and there should be no voting. Where consensus is not reached, this will be recorded in the minutes.

6.3 Agenda items continuing to be unresolved by the committee will be referred to the Director of Environment Health and Safety. The Director, Environmental Health and Safety will meet with the workplace parties and endeavour to resolve the outstanding issue.

7.0 GENERAL

7.1 It is agreed that employees are to be encouraged to take health and safety concerns to their immediate supervisor before bringing it to a Committee member.

7.2 It is understood and agreed that all personal and medical information is to be kept confidential. Any reference to such information in Committee minutes must be done in a manner that prevents any identification of an individual’s personal or medical information.

7.3 Committee members are to be provided one (1) hour or such longer period of time as the Committee determines is necessary to prepare for each Committee meeting.

7.4 Pursuant to sections 11(1, (2), (3), and (4) of the Act, the Dean of OISE/UT will advise the Committee through the co-chairs, concerning any relevant workplace testing and a worker member of the Committee may be present at the beginning of such testing. A copy of relevant workplace test reports will be provided to the co-chairs.

7.5 The Committee may amend these terms of reference at any time, as deemed necessary to facilitate the on-going harmonious operation of the Committee. All changes to these terms of reference must receive final approval by the Dean of OISE/UT, and the Chair of the Department of Sociology.

7.6 A copy of these terms of reference and any subsequent revision must be filed with the Director of Environmental Health and Safety and the unions represented on the Committee.

RATIFICATION

The following worker and management members of the O.I.S.E./UT and Department of Sociology Joint Health and Safety Committee have agreed to these terms of reference.