ARTICLE HEALTH AND SAFETY The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Employer, in order to prevent injury and illness and abide by the Occupational Health and Safety Act as amended from time to time. The Employer shall prepare a comprehensive policy on resident handling and safe work practices within six (6) months of the date of Such policies will be reviewed by the Joint Health and Safety Committee. A joint management and employees health and safety committee shall be constituted with representation of at least half by employees from the various bargaining units and by employees who are not represented by the Unions and who do not exercise managerial functions, which shall identify potential dangers, recommend means of improving the health and safety programs and obtaining information from the Employer or other persons respecting the identification of hazards and standards elsewhere. The committee shall normally meet at least once a month. Scheduled time spent in such meetings is to be considered time worked for which shall be paid by the Employer at her regular or overtime rate. Minutes shall be taken of all meetings and copies shall be sent to the committee members. Minutes of the meetings shall be posted on the workplace health safety bulletin board. The Employer shall provide the time from work with pay and all related tuition costs and expenses necessary to certify the employee representative. Where an inspector makes an inspection of a workplace under the powers conferred upon her under the Occupational Health and Safety Act, the Employer shall afford a certified committee member representing employees the opportunity to accompany the inspector during her physical inspection of a workplace, or any part or parts thereof. Where a certified employee is not on-site and available, the Employer shall afford an employee health and safety representative if any, or an employee selected by a Union, because of knowledge, experience and training, to represent it, the opportunity to accompany the inspector during her physical inspection of a workplace, or any part or parts thereof. Two (2) representatives of the Joint Health and Safety Committee, one (1) from management and one (1) from the employees, shall make monthly inspections of the nursing home premises and shall report to the health and safety committee the results of their inspection. The members of the committee who represent the employees shall designate a certified member or person who is properly trained to inspect the nursing home premises. The Employer shall provide the member with such information and assistance as the member may require for the purpose of carrying out an inspection of the nursing home premises. In the event of accident or injury, such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Employer on the nature and causes of the accident or injury. Furthermore, such representatives must be notified of the inspection of a government inspector and shall have the right to accompany her on her inspections. Scheduled time spent in all such activities shall be considered as time worked. The Joint Health and Safety Committee and the representatives thereof shall have access to Report Forms as prescribed for under sections and of the Occupational Health and Safety Act and the annual summary of data from the relating to the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that required medical aid without lost workdays, the incidence of occupation injuries, and such other data as the may decide to disclose. It is understood and agreed that no information will be provided to the committee which is confidential. This information shall be a standing item recorded in the minutes of each meeting. The Union will use its best efforts to obtain the full co-operation of its membership in the compliance of all safety rules and practices. The Employer will use its best efforts to make all affected direct care employees aware of residents who have serious infectious diseases. The nature of the disease need not be disclosed. Employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that all employees are aware of the requirement to practice universal precautions in all circumstances.
Work Health and Safety (a) The employer and employee acknowledge their responsibilities under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2012.
(b) Where there is a Work Health and Safety Representative they must be elected and will carry out the tasks associated with the role of Work Health and Safety Representative set out within the Work Health and Safety Act 2011.
Claims and Review Procedures 6.1 For all claims other than Disability benefits:
Health and Safety Committee 29.01 The Employer and the Union agree that they mutually agree to maintain standards of safety and health in the facility in order to prevent injury and illness.
29.02 A Joint Health and Safety Committee shall be continued with at least fifty percent (50%) of its membership representative of the bargaining unit.
29.03 The Committee will assist wherever possible in the promotion of safe work practices, identify and communicate to employees and the Employer potential hazards and recommend methods of improving accident prevention programs.
29.04 The Committee shall endeavour to meet at least bi-monthly and more frequently as the need arises. Scheduled time spent in such meetings is to be considered time worked. Minutes shall be taken of all meetings and copies shall be provided to the Employer and Committee members
29.05 One (1) or more Committee-appointed representative(s), on a rotating basis, shall make monthly inspections of the workplace and equipment and shall report to the Joint Health and Safety Committee the results of the inspection.
29.06 In the event of serious injury, a Committee-appointed representative shall be notified as soon as possible and shall investigate and report to the Committee and the Employer on the nature and causes of a serious accident, or such potentiality, and recommend corrective action.
29.07 Committee representatives must be notified of an inspection by a Ministry of Labour inspector and shall have the right to accompany her on her inspection. Scheduled time spent in all such activities shall be considered time worked.
29.08 The Joint Health and Safety Committee members shall have access to the annual summary of data from the WSIB relating to number of work accident fatalities, the number of lost time accidents, the number of lost workdays, the number of accidents that required medical aid without lost time, the incidence of occupational injuries and such other data as the Workers’ Compensation Board may decide to disclose.
29.09 The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all accident prevention policies and procedures.
29.10 Prior to implementing new accident prevention policies and procedures, they will be discussed at the Committee level.
HEALTH AND SAFETY 11.01 The Parties to this Collective Agreement will cooperate to the fullest extent in the matter of occupational health, safety and accident prevention. The Employer will require that Employees utilize safety equipment and devices as required by the Occupational Health and Safety Code. Required safety equipment and devices will be provided where necessary by the Employer. The Employer and Employees will take reasonable steps to eliminate, reduce or minimize all workplace safety hazards.
11.02 The Employer shall establish a Health and Safety Committee(s) which shall be composed of representatives of the Employer and at least one (1) Employee representative of the Union and may include representatives of other employee groups. Where practical, the Union shall have two (2) representatives sit on the Committee(s). This Committee shall meet at least once a month.
11.03 The number of Employer representatives on the Committee shall not exceed the number of representatives from the Union and other employee groups. The Committee will, on an annual basis, discuss and determine the most effective means of chairing meetings.
11.04 The Basic Rate of Pay shall be paid to an Employee representative for time spent in attendance at a meeting of this Committee.
11.05 The Employer shall not unreasonably deny Employee representatives of the Health and Safety Committee(s) access to the workplace to conduct safety inspections.
11.06 The Committee shall consider such matters as occupational health and safety including responsibility for communication and education as required. The Union may make recommendations to the Employer in that regard.
11.07 The Health and Safety Committee shall also consider measures necessary to protect the security of each Employee on the Employer’s premises and may make recommendations to the Employer in that regard.
(a) If an issue arises regarding occupational health or safety, the Employee or Union shall first seek to resolve the issue through discussion with the applicable immediate supervisor in an excluded management position. If the issue is not resolved satisfactorily, it may then be forwarded, in writing, to the Committee. The Committee shall meet within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of receiving a written issue regarding occupational health and safety.
(b) Should an issue not be resolved by the Committee, the issue shall be referred to the Senior Program Officer, or designate(s) with accountability for Workplace Health & Safety. A resolution meeting between the Union and the Senior Program Officer, or Designate(s), shall take place within twenty- one (21) calendar days of the issue being referred to the Senior Program Officer. The Senior Program Officer or designate(s) shall reply in writing to the Union within seven (7) days (excluding Saturdays, Sundays and Named Holidays).
(c) Should an issue not be resolved by the Senior Program Officer, or Designate(s) the issue shall be referred to the Chief Executive Officer (or Designate). A resolution meeting between the Union and the CEO (or Designate) shall take place within twenty-one (21) calendar days of the issue being referred to the CEO. The CEO (or Designate) shall reply in writing to the Union within seven (7) calendar days (excluding Saturdays, Sundays and Named Holidays).
(d) Should the issue remain unresolved following the CEO’s written response, the Union may request and shall have the right to present its recommendation(s) to the governing Board. The governing Board shall reply in writing to the Union within twenty-eight (28) calendar days of the presentation by the Union.
11.09 The Employer shall have in place a Workplace Violence Prevention and Response Policy (that includes harassment and bullying), and working alone policies and procedures to support a working alone safety plan which adheres to the Occupational Health and Safety legislation.
11.10 The Employer shall have a process in place to protect the Employees in situations that could impact the safety of the Employees in the workplace such as: isolation/contagious disease communication and notification of violent patient/resident.
11.11 Employer policies, plans and procedures related to Occupational Health & Safety shall be reviewed annually by the Committee.
11.12 Where the Employer requires that the Employee receive specific immunization and titre, as a result of or related to their work, it shall be provided at no cost.
(a) Occupational Health & Safety education, training and instruction shall be provided to Employees, at the Basic Rate of Pay, to fulfill the requirements for training, instruction or education set out in the Occupational Health and Safety Act, Regulation or Code.
(b) The Employer shall provide training at no cost to all Employees on the Committee to assist them in performing their duties on the Committee. Such training shall be provided at the Employee’s basic rate of pay.
11.14 When introducing a regularly scheduled shift that begins or ends between the hours of twenty-four hundred (2400) and zero six hundred (0600), the Employer will notify the Union.
