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Creating a workplace safety and health committee

Creating a committee

Safety and health committees play a crucial role in preventing workplace injuries. Manitoba’s Workplace Safety and Health Act and Regulations require a safety and health committee in all Manitoba workplaces (either provincially regulated or federally regulated) where 20 or more workers of that employer are regularly employed. Provincially regulated workplaces that have five to 19 regularly employed workers are required to designate a worker safety and health representative.

  • The committee must have at least four members and no more than twelve members.
  • At least half of the committee should consist of worker members who are not associated with management (employer members).
  • Worker members must be appointed according to the union’s constitution. If no union exists, they should be elected by the workers they represent.
  • The employer appoints members representing the employer.
  • A committee has two co-chairs. The employer members select one management co-chair, and the worker members select the other.
  • Terms of office usually last two years, after which a representative can run for re-election.
  • The employer or prime contractor must make sure that the names of the committee members are posted clearly in the workplace. 

Committee membership

  • To determine the exact number of members, the employer must consult with the union(s) that represent the workers, or if there is no union, with the workers themselves.
  • At least half of the members, the “worker members,” must represent workers who are not associated with the management of the workplace. That means the number of committee members representing the management, the “employer members,” must not exceed those representing the workers.
  • Worker members of the committee must be appointed in accordance with the constitution of the union. If there is no union, the members are to be elected by the workers they represent.
  • The employer must not influence the election of the worker members.
  • The employer or prime contractor must ensure that the names of the committee members are posted conspicuously in the workplace.

Selection of co-chairs

Each committee must have two co-chairpersons. A management co-chair is selected by the employer members, and a worker co-chair is selected by the worker members. The co-chairs shall alternate serving as chairperson at meetings and participate in all committee decisions.

Term of office

Committee members are elected to two-year terms (or a length set out in the union’s constitution). Members may continue to hold office until reappointed or re-elected, or until a replacement is appointed or elected.

Appointment of worker representatives

Workplaces with between five and 19 regularly employed workers must have a worker safety and health representative. Worker representatives are chosen in the same manner as committee members. They must be appointed in accordance with the union’s constitution. If there is no union, they are to be elected by the workers they represent.

The worker representative, in cooperation with the employer representative, performs the same duties as the safety and health committee.

Rules of procedure

All committees must establish certain written rules of procedure, including:

  • How often the committee will meet and where the meeting will take place.
  • Procedures to be followed when a meeting needs to be rescheduled, for instance, the amount of notice required.
  • How information will be shared.
  • How decisions will be made, including assigning responsibilities and timelines.
  • Rules respecting the conduct of committee meetings.
  • Other matters as the committee considers necessary.

Committee and representative duties

Under The Workplace Safety and Health Act (WSH Act), safety and health committees and representatives have a number of duties to help keep the workplace safe. These duties include:

  • Receiving and follow-up on safety and health concerns, complaints and recommendations.
  • Helping identify risks in the workplace.
  • Cooperating with provincial workplace safety and health officers.
  • The development of programs and provide education and information about safety and health in the workplace.
  • Inspecting the workplace at regular intervals (inspections must take place before each regularly scheduled meeting).
  • Participating in investigations of incidents, dangerous occurrences and right to refuse situations.
  • Maintaining records regarding concerns, complaints and other matters.

Other duties as specified in the Workplace Safety and Health Act and Regulations.

A member of the committee is deemed to be at work and is entitled to be paid by their employer at the member’s regular or premium pay.

Meetings

A committee must meet within one month after it has been established and at regular intervals, not exceeding three months. Members must be given at least three days’ notice prior to the meeting.

Committee members are entitled to take time off from regular work duties:

  • For at least one hour to prepare for each committee meeting.
  • For the time required to attend each meeting.
  • For education leave (the time allowed for education leave is the greater of 16 hours, or the number of hours the worker normally works during two shifts)

All workplace safety and health committee members must be competently trained to perform their duties. Competent training includes knowledge of safety and health rights, roles and responsibilities and tasks they may be required to perform.

Committees must record minutes of each meeting. Minutes are a record of what went on at that meeting. The minutes will detail any workplace hazards discussed during the meeting, including recommendations and timelines for addressing those hazards. The minutes should also include some administrative information, such as the meeting dates and a list of attendees.

The minutes must be signed by both co-chairs or designates and posted on the safety and health bulletin board in a conspicuous location. They should also be kept on file for a period of 10 years.

Training

All workplace safety and health committee members and safety and health representatives must receive competent training to fulfill their duties. Such training covers understanding safety and health rights, roles and responsibilities, as well as the tasks they might be asked to carry out. 

The employer is expected to provide the committee or its representative with information to identify hazards, assist with inspections and investigations and grant access to records as required by Regulation 217/2006, Part 2, Section 3.12.

Besides offering training tailored to the workplace’s needs, the employer must also permit each committee member or representative to attend safety and health training programs or courses each year. The members must be compensated at their regular rate for sixteen hours of training or the equivalent of two shifts, whichever is greater.

Committee training opportunities

Bulletin board

Employers must provide a bulletin board in a prominent place in the workplace that is exclusively for the use of committee members or worker safety and health representatives. The bulletin board must contain the following information:

  • The name of each committee member or worker representative and the date that their term expires.
  • Scheduled dates of committee meetings.
  • The agenda for each meeting.
  • Copies of minutes of each committee meeting, signed by the co-chairs.
  • Any orders or other documentation required to be posted by Manitoba Workplace Safety and Health.

Inspection and investigations

A workplace safety and health committee also has responsibilities for inspection and incident investigation