KNOW THE LAWS: General JHSC Member Training Requirements

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For more information on this topic, see “JHSCs: Complying with the Member Training Requirements

KNOW THE LAWS: General JHSC Member Training Requirements
FED Canada Labour Code:

Employers are required to ensure that members of workplace committees receive the prescribed training in health and safety and are informed of their responsibilities under this Part [Sec. 125(1)(z.01)].

Policy Committees, Work Place Committees and Health and Safety Representatives Regs.:

1. For the purposes of the above requirement, training for members of workplace committees must be developed by the employer after consultation with the committee and must include the following aspects:

a. the Act and any regulations made under it;

b. the means that allow the committee members and the health and safety representatives to fulfill their responsibilities under the Act;

c. the rules and procedures of each of the committees; and

d. the principles of consensus building regarding health and safety issues [Sec. 14(1)].

2. The health and safety training program must be reviewed and updated at least once every three years, and whenever there’s a change of circumstances that may affect the content of the training [Sec. 14(2)].

AB The OHS laws don’t address JHSC member training.
BC Workers Compensation Act:

1. Each member of a joint committee is entitled to an annual educational leave totalling eight hours, or a longer period if prescribed by regulation, for the purposes of attending OHS training courses conducted by or with the approval of the Board [Sec. 135(1)].

2. A member of the joint committee may designate another member as being entitled to take all or part of the member’s educational leave [Sec. 135(2)].

3. The employer must provide the educational leave under this section without loss of pay or other benefits and must pay for, or reimburse the worker for, the costs of the training course and the reasonable costs of attending the course [Sec. 135(3)].

MB Workplace Safety and Health Act:

1. A member of a committee is entitled to take the following time off from his or her regular duties: the time required to attend workplace safety and health training in accordance with Sec. 44, as approved by the committee and the employer [Sec. 40(11)(c)].

2. The employer or prime contractor must ensure that committee members are trained to competently fulfill their duties as committee members [Sec. 40(13)].

3. Subject to this section, every employer at a workplace where there’s a committee, must allow each member of the committee or their respective designates, to take educational leave each year, without loss of pay or benefits, for the purpose of attending workplace safety and health training seminars, programs or courses of instruction:

a. offered by the branch;

b. approved by the committee; or

c. provided for in the current collective bargaining agreement respecting the workers at the workplace [Sec. 44(1)].

4. The amount of time allowed for educational leave under the above is the greater of:

a. 16 hours; and

b. the number of hours the worker normally works during two shifts [Sec. 44(1.1)].

5. The total number of safety and health committee members for whom the employer is required to provide educational leave in accordance with the above during any year is equal to the number of members constituting the normal size of the committee [Sec. 44(2)].

6. The employer must pay a committee member or designate who attends a workplace safety and health training program referred to above at the worker’s regular or premium pay, as applicable, for the greater of:

a. the actual number of hours spent attending the training; and

b. the number of hours the worker normally works during a normal shift [Sec. 44(2.1)].

NB OHS Act:

1. An employer must ensure that each person who’s designated to serve on a JHSC:

a. has attended an educational program as prescribed by the regulations; or

b. attends an educational program prescribed by the regulations within 12 months after being designated, if the person hasn’t attended such program [Sec. 14.1(2)].

2. Each member of the committee shall, for the periods during which the member is taking any educational program required under this Act that relates to the member’s service on the committee or during which the member is attending any committee meetings, receive pay at his or her rate and other benefits to which he or she would otherwise be entitled [Sec. 14.1(6)].

Training and Designated Trades Reg.:

1. An educational program for persons who are or may become a member of a JHSC must be delivered over a period of at least three days and must include the following topics:

a. responsibilities of JHSCs;

b. health and safety and the law;

c. inspections and hazard identification at a place of employment;

d. accident review;

e. prevention resources; and

f. elements of a sound health and safety program [Sec. 2].

NL OHS Act:

1. Where 50 or more workers are employed at a workplace, the employer must provide and pay for training for the members of the occupational health and safety committee at the workplace [Sec. 38.1(1)].

2. Where 10 to 49 workers are employed at a workplace, the employer must provide and pay for training for the co-chairpersons of the occupational health and safety committee at the workplace [Sec. 38.1(2)].

3. The above training must meet the requirements the Workplace Health, Safety and Compensation Commission may set [Sec. 38.1(3)].

4. A member of the committee who’s provided the above training must participate in the training [Sec. 38.1(4)].

5. An employer must compensate a worker for participating in training under this section as if the training were regular work [Sec. 38.1(5)].

NS OHS Act:

An employee who’s a member of a committee is entitled to such time off from work as is necessary to take any training prescribed by the regulations and such time off is deemed to be work time for which the employee must be paid by the employer at the applicable rate [Sec. 30(6)].

NT OHS Regs.:

1. If a Committee is established at a work site, the employer must ensure that the co-chairpersons of the Committee receive training respecting the duties and functions of the Committee [Sec. 51(1)].

2. If a member of a Committee attends a training program, seminar or course of instruction on health and safety matters conducted or provided by the Commission or by an approved training agency, the employer shall credit the member’s attendance as time at work and ensure that he or she loses no pay or benefits as a result of that attendance [Sec. 51(3)].

NU The OHS laws currently don’t address JHSC member training. But the OHS regulations that took effect in NWT on June 1, 2015 are expected to take effect eventually in NU.
ON OHS Act:

1. Unless otherwise prescribed, a constructor or employer must ensure that at least one member of the committee representing the constructor or employer and at least one member representing workers are certified members [Sec. 9(12)].

2. A member of a committee must be deemed to be at work while the member is fulfilling the requirements for becoming a certified member and the member’s employer must pay the member for the time spent at the member’s regular or premium rate as may be proper [Sec. 9(36)].

Note: On March 1, 2016, the new program and provider standards for certification training for designated JHSC members will take effect. For details, see “Ontario Sets New Training Standards & Requirements for JHSC Members.”

PE OHS Act:

1. An employer must provide such additional training of committee members as may be prescribed by the regulations [Sec. 12(2)(c)].

2. A worker who’s a member of a committee is entitled to take the necessary time off from work to take training prescribed by the regulations [Sec. 25(10)].

3. The time off from work referred to above must be deemed to be work time for which the worker’s entitled to the worker’s usual salary and benefits, without change [Sec. 25(11)].

QC The OHS laws don’t address JHSC member training.
SK OHS Regs.:

1. At a place of employment where a committee is established, an employer or contractor must ensure that the co-chairpersons of the committee receive training respecting the duties and functions of a committee [Sec. 46(2)].

2. Where a member of a committee gives reasonable notice, an employer or contractor must permit the member to take leave for a period or periods of not more than five working days per year to attend OHS training programs, seminars or courses of instruction [Sec. 46(3)].

3. Where a member of a committee attends a training program, seminar or course of instruction on health and safety matters conducted or provided by the division or by an approved training agency, an employer or contractor must credit the member’s attendance as time at work and ensure that the member loses no pay or other benefits [Sec. 46(4)].

YT OHS Act:

The employer must orientate JHSC co-chairs to their functions and duties within 90 days of their selection and must permit them to participate in a training course offered or designated by the director as soon as such a course is available to them after their selection. Time spent by the employees in the orientation and the course shall be deemed to be regular working hours [Sec. 14].