Overview of Part II of the Canada Labour Code

Occupational Health and Safety Committees and Representatives

Where Committees or Representatives are Required

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Health and Safety committees must be established in work places where there are 20 or more employees. At least half of the committee members must be employees who have no managerial functions. In work places where there are 5 to 19 employees or in work places exempted from the committee requirement, there must be a Health and Safety representative.

Exemptions

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The only specific exemption to the committee requirement applies to employees working on a ship or aircraft. The Minister of Labour may also exempt other organizations where it is felt that the nature of the work performed is relatively free from risks to Health and Safety. However, where such exemptions are granted, there must be a Health and Safety representative. Exemptions are valid for three years.

Number of Employees	What is Required	Exemptions
5 to 19	Health and Safety Representative	none
20 or more, but exempt from committee requirement	Health and Safety Representative	none
20 or more	Health and Safety Committee	where industry applies to the Minister of Labour and gets permission for exemption because work environment is relatively free from risks to Health and Safety; on board ships or aircrafts; where industry applies for recognition of a committee which has at least the same rights, duties, powers, privileges and obligations as those required by the Canada Labour Code.

Organizations that had a work place Health and Safety committee in place prior to the changes to the Code may apply to be exempted from the committee requirement and ask that the existing committee be validated. A safety officer must authorize this exemption/validation. Once authorized, the committee must perform as outlined in the Code and will have all the rights, powers and functions set out by the Code in addition to those included in any existing collective agreement.

Selecting Health and Safety Committee Members or Representatives

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The way committee members or representatives are selected depends on whether the work place is unionized or non­unionized. The chart below explains the methods for choosing committee members and representatives.

	Unionized Work place	Non-Unionized Work place
Health and Safety Representative	Selected by Union	Selected by Employees
Health and Safety Committee (Employee Members)	Selected by Union	Selected by Employees
Health and Safety Committee (Employer Members)	Selected by Management	Selected by Management

The employer must post the names of the committee members or the representative in places accessible to employees.

Operation

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All Health and Safety committee members or Health and Safety representatives are allowed to take the time during regular working hours to carry out their responsibilities. Time spent performing these Health and Safety duties will be considered as if the members/representatives were working on normal tasks, and normal rates of pay will apply. Committee members and representatives are not liable for any act or omission done, or omitted to be done in good faith while engaged in Health and Safety activities.

Duties of the Health and Safety Committee

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The Health and Safety Committee

• meets at least once a month and during emergencies when required. The agenda should be prepared by the committee secretary in cooperation with the two committee co­chairpersons. Minutes of the meeting should be posted as soon as possible after the meeting;
• ensures that adequate records are kept on work accidents, injuries and health hazards, and data monitored on a regular basis;
• receives and deals with complaints relating to the Health and Safety of the employees represented;
• participates in all inquiries and investigations concerning occupational Health and Safety. Consults technical experts as is necessary;
• regularly monitors the Health and Safety programs, measures and procedures;
• may request from an employer any information considered necessary to identify existing or potential hazards with respect to materials, processes or equipment in the work place;
• may review any government and employer reports relating to the safety and health of the employees represented by the committee. However, the consent of the employee concerned must be obtained before requesting personal medical records;
• may develop, establish and maintain Health and Safety programs for the education of the employees the committee represents;
• cooperates with safety officers by providing information and assisting in investigations of accidents and refusals to work;
• cooperates with any occupational health service established to serve the work place; and
• maintains records about Health and Safety complaints and the committee actions taken on complaints. Keeps records of refusals to work and accidents. CLC: 135(6)

Duties of the Health and Safety Representative

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Representatives are responsible for the duties outlined above in items 2 through 7 for Health and Safety committees. CLC: 136(4)