Which Workplaces Must Establish a JHSC?
While joint health and safety committees (JHSCs) and health and safety representatives (safety reps) are mandatory in all jurisdictions, the rules governing when they’re required at a particular worksite vary by jurisdiction. Here’s a rundown of each jurisdiction’s rules.
Go to the OHS Insider for a complete JHSC laws compliance Game Plan.
JHSC/HSR Requirements Across Canada
JHSC REQUIRED:
At each workplace employer controls with 20 or more normally employed employees (unless workplace is a ship or MOL grants an exemption) [Can Labour Code, Sec. 135(1)].
SAFETY REP REQUIRED:
At each workplace employer controls with fewer than 20 normally employed employees (unless workplace is a ship or Ministry grants an exemption) [Can Labour Code, Sec. 136(1)].
JHSC REQUIRED:
Employer must establish JHSC for site where it employs 20 or more workers or where Director designates the site as requiring a JHSC [OHS Act, Section 13(1)].
SAFETY REP REQUIRED:
Employer must establish safety rep at any site where it employs 5 to 19 workers or where Director designates site as requiring a safety rep [OHS Act, Section 14(1)].
Prime contractor must designate a person in writing for purposes of ensuring cooperation between the employer and workers in respect to health and safety and implementing a system to address the matters set out in section 13(6) [OHS Act, Section 7(b)].
JHSC REQUIRED:
At each workplace employer controls where 20 or more of its workers are regularly employed; WorkSafeBC may order or OK multiple or overlapping JHSCs at same site [Workers’ Comp Act, Sec. 31].
SAFETY REP REQUIRED:
At each workplace employer controls where 9 to 19 of its workers are regularly employed or any other workplace WorkSafeBC orders [Workers’ Comp Act, Sec. 45].
JHSC REQUIRED:
Employer: At each workplace where 20 or more of its workers are: i. regularly employed; or, ii. involved in work expected to last at least 90 days; any other workplace Board orders (1) [Workers’ Health & Safety Act, Sec. 40(1)].
Prime Contractor: At each construction project involving 20 or more workers where work is expected to last longer than 90 days [Workers’ Health & Safety Act, Sec. 40(3)].
SAFETY REP REQUIRED:
Employer: At each workplace, other than a construction project, where 5 or more workers are regularly employed that’s not required to have a JHSC [Workers’ Health & Safety Act, Sec. 41(1)(a)].Prime Contractor: At each construction project even if it has a JHSC [Workers’ Health & Safety Act, Sec. 41(1)(b)] At each workplace the Board orders [Workers’ Health & Safety Act, Sec. 41(1)(c)].
JHSC REQUIRED:
Employer: At each workplace with 20 or more regularly employed employees other than a construction project site [OHS Act, Section 14.3(1)].
Medium Project Site Contractor: At any site for which contractor is responsible where work is expected to last longer than 90 days with 30 to 499 employees [OHS Act, Section 14(3)].
Large Project Site Contractor: At any site for which contractor is responsible with 500 or more employees at any given time [OHS Act, Section 14.4(2)].
SAFETY REP REQUIRED:
Employer: At each workplace with 5 to 19 regularly employed employees other than a construction project site if OHS policy provides for safety rep or WorkSafeNB orders [OHS Act, Section 17(1)].Project Site Contractor: At any site for which contractor is responsible with: i. 5 to 29 employees regardless of how long work lasts; or ii. 30 to 499 employees expected to last longer than 90 days [OHS Act, Section 17.1(1)].
JHSC REQUIRED:
At each workplace with 20 or more employed workers [OHS Act, Section 37].
SAFETY REP REQUIRED:
At each workplace with 19 or fewer employed workers [OHS Act, Section 41].
JHSC REQUIRED:
Employer: At each workplace with 20 or more regularly employed persons.
Constructor: At each project site with 20 or more regularly employed persons [OHS Act, Section 29(1)].
SAFETY REP REQUIRED:
Employer: At each workplace with 5 to 19 regularly employed persons [OHS Act, Section 33(1)].
Constructor: At each project site with 5 to 19 regularly employed persons [OHS Act, Section 33(2)].Any workplace with fewer than 5 regularly employed persons if Director orders [OHS Act, Section 33(3)].
JHSC REQUIRED:
Employer: At each workplace with 20 or more regularly employed workers or fewer than 20 if workplace is subject to Designated Substance Reg. or MOL orders JHSC for site [OHS Act, Section 9(2)].Constructor: At project site where work expected to last longer than 3 months that has 20 or more regularly employed workers or fewer than 20 if workplace is subject to Designated Substance Reg. or MOL orders JHSC for site [OHS Act, Sections 9(1) + (2)].
SAFETY REP REQUIRED:
Employer/Constructor: At each workplace where no JHSC is required where number of workers regularly exceeds 5 (or for which MOL orders safety rep) [OHS Act, Sections 8(1) and 8(2)].
JHSC REQUIRED:
Employer: At each workplace with 20 or more persons regularly employed by employer, or for which Director orders a JHSC [OHS Act, Section 25(1)].
Constructor: At each project with 20 or more persons regularly employed by a constructor for which work is expected to last longer than 3 months, or for which Director orders a JHSC [OHS Act, Section 25(2)].
SAFETY REP REQUIRED:
Employer: At each workplace where no JHSC is required with 5 or more persons regularly employed by employer, or for which Director orders a safety rep [OHS Act, Section 26(1)].Constructor: At each project where no JHSC is required with 5 or more persons regularly employed by a constructor for which work is expected to last longer than 3 months, or for which Director orders a safety rep [OHS Act, Section 26(2)].
JHSC REQUIRED:
At any establishment employing more than 20 workers and listed as a site requiring a JHSC in Schedule 1 of the OHS regulations [OHS Act, Section 68].
SAFETY REP REQUIRED:
*In any workplace with a JHSC, at least 1 member must be designated as safety rep to act independently of JHSC [OHS Act, Section 87].
* In any establishment listed as a site requiring a JHSC in Schedule 1 of the OHS regulations, regardless of how many workers, the union (or 10% of workers if there is no union) may designate safety rep for site, as long as it/they provide employer + CNESST written notice [OHS Act, Section 88].
JHSC REQUIRED:
Employer: At every place of employment where 10 or more workers of one employer work, or for which Director orders JHSC [Sask. Employment Act, Section 3-22(1)].
Contractor: At every construction site where 10 or more workers or self-employed persons work or are expected to work and for which work is expected to last longer than 90 days, or for which Director orders JHSC [OHS Regs., Section 38].
SAFETY REP REQUIRED:
Employer/Contractor: At every place of employment listed in Table 7 of the Appendix to the Regs. where more than 4 but fewer than 10 workers of one employer work [[Sask. Employment Act, Section 3-24(1); OHS Regs., Section 4-8(1)].
JHSC REQUIRED:
At each workplace where 20 or more workers work or are likely to work more than 90 days, or for which Chief Safety Officer orders JHSC [OHS Regs., Section 37].
SAFETY REP REQUIRED:
At each workplace with fewer than 20 workers and no JHSC [OHS Regs., Section 39].
JHSC REQUIRED:
At each workplace where 20 or more workers are regularly employed; Board can order JHSCs at other sites [WSC Act, Section 36].
SAFETY REP REQUIRED:
An employer that’s not required to establish and maintain a committee at a workplace must ensure that at least one worker health and safety representative is selected for the workplace: (a) when the number of workers regularly employed by the employer is 5 or more but fewer than 20; or (b) if required by order of the Board [WSC Act, Section 39(1)].