Joint Health and Safety Committees and Representatives: What You Need to Know

by Kasa Consulting

If you are an employer or a worker in Canada, you may have heard of joint health and safety committees (JHSCs) and health and safety representatives (HSRs). These are workplace structures that involve cooperation between workers and employers to identify and address health and safety issues. They are a key element of the internal responsibility system (IRS), which is the underlying principle of the occupational health and safety legislation in Canada.

But what are the requirements for establishing and maintaining a JHSC or an HSR in your workplace? And what are their roles and responsibilities? The following will help answer some of these questions and provide some useful resources for further information.

When are JHSCs and HSRs required?
The requirements for JHSCs and HSRs vary depending on the jurisdiction and the industry. In general, they are based on the number of employees, the type of work, and the level of risk involved. Provided are examples of committee requirements for Alberta, BC, and Saskatchewan:

  • Alberta: A JHSC is required for workplaces with 20 or more workers and where work is expected to last 90 days or more. An HSR is required for workplaces with 5 to 19 workers and where work is expected to last 90 days or more. For workplaces with fewer than 5 workers, or where work is expected to last less than 90 days, the employer must involve workers in hazard assessment and control.
  • British Columbia: A JHSC is required for workplaces with 20 or more workers and where a WorkSafeBC officer orders one. An HSR is required for workplaces with 9 to 19 workers. For workplaces with fewer than 9 workers, the employer must designate a worker to be responsible for health and safety.
  • Saskatchewan: A JHSC is required for workplaces with 10 or more workers and where a Ministry of Labour Relations and Workplace Safety officer orders one. An HSR is required for workplaces with 10 or more workers and where no JHSC is required. For workplaces with fewer than 10 workers, the employer must consult with workers on health and safety matters.

For Those that are Federally Regulated:

  • Federally regulated: A JHSC is required for workplaces with 20 or more workers. An HSR is required for workplaces with fewer than 20 workers. For workplaces with fewer than 5 workers, the employer must appoint a person to be responsible for health and safety.

These are the general rules, but there may be exceptions or additional requirements for specific industries or situations. For example, some workplaces may need more than one JHSC or HSR or may need to have them even if they have fewer workers than the threshold.

What are the terms of reference for JHSCs and HSRs?
The terms of reference for JHSCs and HSRs are the documents that outline their purpose, structure, functions, and procedures. They are usually developed jointly by the employer and the worker representatives and should be reviewed and updated regularly. The terms of reference should reflect the specific needs and characteristics of the workplace and should be consistent with the legal requirements.

The terms of reference typically include the following elements and not specifically in this order:

  • The name and composition of the JHSC or HSR
  • The selection and term of office of the members
  • The roles and responsibilities of the members, including the co-chairs, the secretary, and the designated worker member.
  • The frequency and duration of the meetings
  • The agenda and minutes of the meetings
  • The rules of order and quorum for the meetings
  • The procedures for resolving disputes and making recommendations.
  • The procedures for inspections, investigations, and reports
  • The procedures for training and education of the members
  • The procedures for communication and consultation with the employer and the workers
  • The procedures for evaluation and improvement of the JHSC or HSR

Refer to your jurisdiction’s OHS legislation for the complete Terms of Reference requirements applicable to your company.

Duties and responsibilities of JHSCs and HSRs
The duties and responsibilities of JHSCs and HSRs are to identify and assess health and safety hazards, to make recommendations to the employer for their elimination or control, and to monitor their implementation. They are also to participate in inspections, investigations, and inquiries, and to promote health and safety awareness to all workers, collectively this all together helps to promote a safer and better work environment, as well ensures your company is compliant with governing bodies.

Some of the specific duties and responsibilities of JHSCs and HSRs are:

  • To meet regularly and keep records of the meetings.
  • To inspect the workplace at least once a month or as required by the legislation.
  • To review the results of the completed workplace inspections, whether conducted by the committee or not
  • To investigate work-related accidents, injuries, illnesses, and fatalities
  • To report and follow up on any health and safety concerns or violations.
  • To advise the employer on health and safety policies, programs, and procedures
  • To review and comment on any proposed changes to the workplace that may affect health and safety.
  • To inform the workers of their rights and duties under the legislation. And More..

For further information on roles and responsibilities, refer to your jurisdiction’s OHS legislation.

JHSCs and HSRs have the right to access any information relevant to health and safety in the workplace, such as accident reports, inspection reports, hazard assessments, exposure records, etc. They also have the right to be consulted and informed of any health and safety matters by the employer. They have the right to make recommendations to the employer and to receive a written response within a reasonable time. They have the right to refuse to participate in any activity that they believe is unsafe or contrary to the legislation. They have the right to be protected from any reprisal or discrimination for exercising their duties and responsibilities.

JHSCs and HSRs also have the duty to act in good faith and in the best interest of the workers and the employer. They have the duty to respect the confidentiality of any personal or sensitive information they may also receive.

Conclusion
JHSCs and HSRs are valuable partners for improving health and safety in the workplace. They represent the voice of the workers and the employer, and they work together to find solutions to prevent injuries and illnesses. They are also a source of information and education for the workplace parties, and they help to create a positive health and safety culture, and hope that you can see the importance behind why having once in place is not just important, but crucial to a safe workplace.

If you are an employer or a worker, you should be aware of the requirements and benefits of having a JHSC or an HSR in your workplace and consider the number of departments or areas of focus your company has, considering having at least one member from every relevant department or trade on your JHSC to ensure communication to all areas of focus in your business. Having your team know all the duties and responsibilities of the JHSC or HSR will contribute to making your workplace a safer and healthier place for everyone, while keeping your company compliant withing your jurisdiction and trade.

For more information on JHSCs and HSRs, included are some useful links to reference:

If you have any questions or concerns, please contact KASA Consulting for your local and specific occupational health and safety related questions, and for further guidance and support.