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Issue link: https://www.wsps.ca/resource-hub/i/1317286
2 © 2011, Safe Workplace Promotion Services Ontario, publicly known as Workplace Safety & Prevention Services. 1 877 494 WSPS (9777) | 905 614 1400 | www.wsps.ca Joint Health and Safety Committees must ensure there is a replacement within a reasonable period of time. What are the functions and powers of the committee? The Act sets out certain functions and powers that apply to the committee as a whole, and specific duties and powers that apply to worker members. The committee's key functions are to: identify hazards in the workplace (hazard identification is done through such activities as workplace inspections, accident investigations and information analyses); and make recommendations to the employer on health and safety issues and on programs and procedures to improve health and safety. To carry out these functions, the committee has the power to obtain information from the employer on: Potential or existing hazards of materials, processes or equipment; The health and safety experience and work practices of other workplaces (if available); Safety and health tests of machines, equipment and materials [s.9(18)] The committee also has the power to obtain information about the company's compensation claims from the WSIB. [s.12] What are the powers and functions of worker members? Certain powers and functions apply specifically to worker members of the committee. These are: Inspect the workplace at least once a month [s.9(26)] Investigate accidents where there is a critical injury or death [s.9(31)] Represent a worker during a work refusal [s.43(3)] Accompany a Ministry of Labour inspector during an inspection of the workplace [s.54(3)] Be present at the start of safety or industrial hygiene tests [s.(13)] What are the responsibilities of the employer? The Act places a general duty on the employer to cooperate with and help the joint committee to carry out its responsibilities. In particular, the employer must: Provide any information that the committee has the power to obtain from the employer (this includes current material safety data sheets; suppliers' information on devices that emit hazardous agents; and copies of any assessment reports on chemical or biological agents); [s.9(18)(d)(e)(f )] Respond to committee recommendations, in writing, within 21 days and include an implementation timetable or reasons for disagreement, if any [s.9(20)(21)] Give the committee copies of all orders and reports issued by the Ministry of Labour inspector Report any workplace deaths, injuries or illnesses to the committee The employer must also consult with the committee: About assessment and control programs for designated substances In the development and review of instruction and training for workers exposed or likely to be exposed to hazardous materials and physical agents