Everyone has a role to play in workplace safety, no matter the size of your business. Under Ontario workplace health and safety law, the Occupational Health and Safety Act (OHSA), workers have the right to be part of the process of identifying and resolving workplace health and safety concerns. This is called the “right to participate.” 

Workers can use this right to participate as a worker member of a joint health and safety committee (JHSC) or become a worker health and safety representative (HSR). Both the JHSC and HSR act as role models and partners in your organization. They help spot potential hazards and suggest solutions to keep your workplace compliant and workers safe.

Some businesses are required to have a HSR or JHSC, depending on their workplace size and what OHSA regulations apply to their business. Find out if your business needs a HSR or JHSC, what this means and what you need to do as a business owner.

Does my workplace need a joint health and safety committee (JHSC) or a health and safety representative (HSR)?

Depending on the size and type of your business, you may need to establish either a HSR or a JHSC.

• 1-5 employees - you are not required to have a JHSC or HSR unless a designated substance regulation applies to your workplace. There are 11 designated substances in Ontario. Not sure if your workplace is exposed to designated substances? Contact our safety experts for help.
• 6-19 employees – a committee is not required, but one employee must be chosen as the HSR.
• 20-49 employees – two members are required, and both must be certified
• 50+ employees – at least four members, two must be certified.

Even if you currently employ five or fewer employees, you should still understand these requirements in case your team size changes. Ultimately, regardless of the number of employees, you still need to make reasonable efforts to keep workers safe. Providing workers the opportunity to actively participate in building a safe workplace can be of huge benefit to your small businesses.

What is a HSR?

Responsibilities of a HSR

Businesses with six to 19 employees must choose one worker HSR. Their role is to represent the employees’ views on health and safety at work. A HSR’s responsibility and role include:

• Identifying hazards: HSRs must inspect the workplace to identify actual and potential hazards. These inspections should ideally take place once a month.
• Providing consultation: HSRs need to be consulted on health and safety-related testing and investigations.
• Offering recommendations: HSRs make recommendations to the employer to improve workplace safety.
• Participating in investigations: HSRs must be involved in workplace investigations, including work refusals and critical injuries.
• Receiving safety training: HSRs should undergo basic training to effectively perform their duties. This training is often available online.

What training should a HSR have?

HSRs should undergo basic training that is available online. The HSR eLearning basic training program covers:

• occupational health and safety law
• rights, duties and responsibilities of the workplace parties
• duties and responsibilities of the HSR under the OHSA
• common workplace hazards
• hazard recognition, assessment, control, and evaluation (RACE methodology) of hazard controls
• applying the RACE methodology (recognize, assess, control and evaluate) to a workplace hazard
• health and safety resources available to the workplace parties

What is a JHSC?

A joint health and safety committee is required in workplaces with 20 or more workers. They are also required if a toxic substance order applies or a designated substance regulation is applied to the workplace. Not sure if your workplace falls under these regulations? Contact our safety experts for help. 

Responsibilities of a JHSC

The key responsibilities of a JHSC are:

• Identifying hazards: Identifying health and safety issues and bringing them to the employer's attention.
• Offering recommendations: The JHSC makes recommendations to the employer to improve workplace safety.
• Attending committee meetings: Members meet regularly to discuss health and safety concerns, make recommendations to the employer, and follow up on progress made.
• Conducting workplace inspections: A worker member of the JHSC must inspect the workplace at least once a month. If it’s not possible to inspect the whole workplace every month (e.g. large workplace or some areas are closed seasonally), then:
  •  The entire workplace must still be inspected at least once a year.
  • At least part of the workplace must be inspected each month.
  • The JHSC must create a schedule to make sure this happens.
• Training: Ensuring that committee members are trained and certified 

The construction industry has different requirements for JHSC. Please refer to specific information from the Infrastructure Health & Safety Association.

Who should be a part of the JHSC?

The committee has both worker and employer representatives, which promotes a collaborative approach to workplace safety. The number of members will depend on your business size.

• Fewer than 50 workers: At least two committee members who are “regularly employed”. A worker is considered regularly employed if the position exceeds (or is expected to exceed) three months.
• More than 50 workers: At least four members who are regularly employed. Half of the members must be workers who are not managers. The remaining members must be selected by the employer from people who are managers.

What training should a JHSC member have?

The OHSA requires that at least two members of the JHSC (one worker and one manager) take “certification training”. JHSC certification training in Ontario is a two-part program designed to equip employees and managers with the knowledge and skills to identify and address workplace health and safety issues. The training has two parts:

• Part One: Basic training covering health and safety law, hazard recognition, and control measures.
• Part Two: Training tailored to the hazards of the workplace.

Once these members complete Part One and Two of the training, they are considered “certified.” 

The training can be delivered in various formats, including classroom settings, online distance learning, and eLearning for Part One. Training providers must be approved by the Chief Prevention Officer (CPO). You can find an approved training provider on the Ontario.ca website.

Do JHSC members need to recertify their training?

Yes. Members need refresher training every three years to keep their JHSC certification. If a certified member leaves or can't stay on the JHSC, you must find a new committee member in a reasonable time.

The role of the employers

According to the OHSA, employers must cooperate with and help the JHSC carry out its responsibilities.

Responsibilities of employers

Employers must:

• provide information that the JHSC or HSR has the power to obtain (this includes current material safety data sheets, suppliers’ information on devices that emit hazardous agents, and copies of any assessment reports on chemical or biological agents).
• respond to recommendations in writing within 21 days and include an implementation timetable or reasons for disagreement.
• provide copies of all orders and reports issued by the Ministry of Labour, Immigration, Training and Skills Development of Ontario.
• report any workplace deaths, injuries or illnesses to the committee.
  consult with JHSC or HSR on:
  
  • assessment and control programs for designated substances and
  • development and review of instruction and training for workers who are or could be exposed to
  • hazardous materials and physical agents.

How WSPS can help 

Training

• JHSC Certification Part 1 (eCourse; 13 hours)  
• JHSC Certification Part 2 – Offices (Online Instructor-Led Training, 2 days)
• JHSC Certification Part 2 - Warehousing & Distribution (Online Instructor-Led Training. 2 days)
• JHSC Certification Refresher - All Sectors (Online Instructor-Led Training, 1 day)

Resources

• JHSC Requirements Ontario Toolkit & Checklists
• How your health and safety representative (HSR) can help keep your business humming (article)
• Health & Safety Representative Overview (checklist)
• Workplace Inspection Checklist Template - Use, reproduce, or customize this template to meet your health and safety requirements.
• JHSC Notice Board Form
• JHSC Meeting Minutes Template

The information in this article is accurate as of its publication date.