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Article 40 - Safety and Health

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40.01All standards established under the Safety Act and Regulations thereunder shall constitute minimum acceptable practice. The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. Such reasonable provisions shall include the provision of personal protection devices, such as alarms or other items which could enhance the safety of employees who are routinely required to work in potentially dangerous situations, where immediate help is not always available. The Employer will entertain suggestions on the subject from the Union and the Employer and the Union undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.
40.02(a)

The Employer and the Union agree to establish Joint Health and Safety Committees. There shall be a Union co-chair and an Employer co-chair. A Committee shall be established for each work place where the Employer and the Union agree such a Committee is appropriate.

Each Committee shall consist of at least two persons, one of whom is an employee or, where the Committee consists of more than two persons, at least half of whom are employees who:

  (i)do not exercise managerial functions; and
  (ii)have been selected by the Union.
 (b)The following provisions will apply to the Health and Safety Committees:
  (i)

Powers of Committee

A Safety and Health Committee:

  (a)shall receive, consider and expeditiously dispose of complaints relating to the safety and health of the employees represented by the Committee;
  (b)shall maintain records pertaining to the disposition of complaints relating to the safety and health of the employees represented by the Committee;
  (c)shall co-operate with any occupational health service established to serve the work place;
  (d)may establish and promote safety and health programs for the education of the employees represented by the Committee;
  (e)shall participate in all inquiries and investigations pertaining to occupational safety and health including such consultations as may be necessary with persons who are professionally or technically qualified to advise the Committee on such matters;
  (f)may develop, establish and maintain programs, measures and procedures for the protection or improvement of the safety and health of employees;
  (g)shall monitor on a regular basis programs, measures and procedures related to the safety and health of employees;
  (h)shall ensure that adequate records are kept on work accidents, injuries and health hazards and shall monitor data relating to such accidents, injuries and hazards on a regular basis;
  (i)shall co-operate with safety officers appointed pursuant to the Safety Act;
  (j)may request from an Employer such information as the Committee considers necessary to identify existing or potential hazards with respect to materials, processes or equipment in the work place; and
  (k)shall have full access to all Government and Employer reports relating to the safety and health of the employees represented by the Committee but shall not have access to the medical records of any person except with the consent of that person.
  (l)shall, in workplaces where employees are required to work alone, develop, establish, and maintain procedures with respect to employees working alone which may include: performing risk assessments on individual worksites; and identifying and outlining reasonable precautions to eliminate or reduce identified risks.
  (ii)Records

A Safety and Health Committee shall keep accurate records of all matters that come before it pursuant to subsection (b)(i) and shall keep minutes of its meetings and shall make such minutes and records available to a safety officer on his/her request. Such minutes shall be approved by the Co-Chairs.
  (iii)

Meetings of Committee

A Safety and Health Committee shall meet during regular working hours at least once each month and, where meetings are required on an urgent basis as a result of an emergency or other special circumstance, the Committee shall meet as required whether or not during regular working hours.
  (iv)Payment of Wages A member of a Safety and Health Committee is entitled to such time from his/her work as is necessary to attend meetings or to carry out any other functions as a member of the Committee, and any time spent by the member while carrying out any of his/her functions as a member of the Committee shall, for the purpose of calculating wages owing to him/her, be deemed to have been spent at his/her work.
  (v)

Limitation of Liability

No member of a Safety and Health Committee is personally liable for anything done or omitted to be done by him/her in good faith under the purported authority of this section or any regulations made under this section.
  (vi)The Employer shall post and keep posted the names and work locations of all the members of the Safety and Health Committee established for the work place controlled by him/her in a conspicuous place or places where they are likely to come to the attention of his/her employees.
 (c)The Employer and the Union shall, by mutual agreement, appoint Safety and Health representatives where the Employer and the Union agree such appointments are appropriate.
 (d)

The following provisions will apply to the Safety and Health representatives:

  (i)

Powers of Representative

A Safety and Health representative:

  (a)shall receive, consider and expeditiously dispose of complaints relating to the safety and health of the employees represented by the representative;
  (b)shall participate in all inquiries and investigations pertaining to occupational safety and health including such consultations as may be necessary with persons who are professionally or technically qualified to advise the representative on such matters;
  (c)shall monitor on a regular basis, programs, measures and procedures related to the safety and health of employees;
  (d)shall ensure that adequate records are kept on work accidents, injuries and health hazards and shall monitor data relating to such accidents injuries and hazards on a regular basis;
  (e)may request from the Employer such information as the representative considers necessary to identify existing or potential hazards with respect to materials, processes or equipment in the work place; and
  (f)shall have full access to all Government and Employer reports relating to safety and health of the employees represented by the representative but shall not have access to the medical records of any person except with the consent of that person.
  (ii)

Payment of Wages

A Safety and Health representative is entitled to such time from his/her work as is necessary to attend meetings or to carry out any other function as a Safety and Health representative of the Committee and any time spent by the Safety and Health representative while carrying out his/her functions as a Health and Safety representative of the Committee shall, for the purpose of calculating wages owing to him/her, be deemed to have been spent at his/her work.
  (iii)Limitation of Liability No Safety and Health representative is personally liable for anything done or omitted to be done by him/her in good faith under the purported authority of this section.
  (iv)Posting of Name and Work Location An Employer shall post and keep posted, in a conspicuous place or places where it is likely to come to the attention of his/her employees, the name and work location of the Safety and Health representative appointed for the work place controlled by him.
40.03The Employer shall make reasonable efforts to refrain from assigning unnecessary outside work to an employee when extremely adverse outside weather conditions prevail.
40.04For the purpose of the foregoing section, unnecessary work shall be taken to mean not requiring immediate attention to duties requiring outside work. The postponement of such could result in or might cause hazards or danger to the Employer's facilities or hazards, dangers, or discomfort to users of the Employer's services.
40.05The Employer and the Union agree to encourage the employees to work in a safe manner and the employees shall observe the safety and health rules and practices established by the Employer. Employees failing to abide by safety rules and regulations may be subject to disciplinary action.
40.06(a)Where the Employer requires an employee to undergo a specific medical, hearing or vision examination by a designated qualified medical practitioner, the examination will be conducted at no expense to the employee. The employee shall, upon written request, be able to obtain results of all specific medical, hearing or vision examinations conducted.
 (b)Employees shall authorize that the requested specific medical, hearing, or vision examination information be supplied to the Employer with the understanding that such information shall be maintained in a confidential manner in the Human Resource Section of the applicable Department, Board, Agency or Region. Employees shall not refuse to take such medical, hearing, or vision examinations.
 (c)Where an employee is required to undergo a medical examination in order to qualify for or maintain a license or other qualification required in the performance of that employee’s duties, the examination will be conducted at no expense to the employee.
 (d)Where the Employer requires an employee to undergo vaccination, inoculation or other immunization, the vaccination, inoculation or other immunization will be conducted at no expense to the employee.
40.07(a)Employees shall, as soon as practical, report all personal injuries and/or accidents, which occur on the job, to their immediate or designated supervisor. As deemed necessary, such accidents shall be jointly investigated by one member from management and one employee. Where practical, such members shall be from Joint Health and Safety Committees.
 (b)If an issue arises regarding occupational health or safety, the Employee or the Union shall first seek to resolve the issue through discussion with the applicable immediate supervisor. If the issue is not resolved satisfactorily, it may then be forwarded in writing to the Committee.
40.08Employees who are required to attend First Aid and Safety training courses shall be granted time off with pay for such training. The Employer shall pay for such course fees and tuition.
40.09Transportation of Injured Workers The Employer shall provide, at no expense to the employee, appropriate transportation to the nearest physician or medical facility and from there to his/her home or place of work depending on the decision of the attending physician, when such services are immediately required for an employee as a result of injury or serious ailment occurring in the work place.
40.10Right to Refuse Dangerous Work An employee shall have the right to refuse to work in situations, which can reasonably be considered dangerous.
 (a)"danger" means any hazard or condition that could reasonably be expected to cause injury or illness to an employee or other persons exposed thereto before the hazard or condition can be corrected.
 (b)An employee may refuse to do any particular act or series of acts at work which he/she has reasonable grounds to believe are dangerous to his/her health or safety or the health and safety of any other employee at the place of employment until sufficient steps have been taken to satisfy him/her otherwise or until the Chief Safety Officer or his/her representative has investigated the matter and advised him/her otherwise.
 (c)The Employer shall not assign another employee to do the work assignment until a Union member and an Employer member of the Safety and Health Committee have investigated the situation and deemed it to be safe.
40.11The Right to KnowThe Employer shall identify in writing new or presently used chemicals, substances or equipment present in the work area including hazards, precautions and antidotes or procedures to be followed following exposure.
40.12Employees who are required to regularly work directly with Video Display Terminals (VDTs) shall have a 10 minute break away from the VDT after each hour of continuous operation.