What Stewards Need to Know About Health and Safety

Overview of Module

NOTE: Sources for this workshop include the PSAC’s Health and Safety Education Kit and the CUPE Steward Series module “What Stewards Need to Know about Health and Safety”.

Learning Objectives

§  Know more about the roles and responsibilities of workers, employers and unions regarding healthy and safe workplaces;

§  Feel increased confidence talking with other members about their health and safety rights;

§  Be able to describe ways to build healthy and safe workplaces.

Before the Session:

§  The Legal Framework - review the Facilitator Resources; prepare three flip chart stations for roving workshops (Employer Responsibilities, Worker Rights and Responsibilities (two sheets) and Union Rights and Responsibilities (two sheets).

§  Exercising Our Rights - Select three scenarios from the Facilitator Resource “Exercising Our Rights” and prepare header cards. Make copies of the scenarios you’ve selected (1 per person in the small group).

§  Update the handout “Useful Links and Resources” with region-specific information

Materials:

§  flip charts, paper, markers and tape

§  PSAC Statement on Harassment

§  Handout “Health and Safety Rights and Responsibilities”

§  Handout “Joint Occupational Safety and Health Committees”

§  Handout “”

Facilitation Agenda

§  Opening

§  What’s Health and Safety?

§  The Legal Framework

§  Exercising Our Rights

§  The Steward’s Role with Health and Safety

§  Closing

Facilitation Plan

When / What / How / Tools/Handouts / Who
15 minutes / Opening / ·  Round of Introductions
·  Agenda
·  PSAC Harassment Policy / ·  Intro suggestions on flip chart
·  agenda on flip chart
·  Anti-Harassment Statement
20 minutes / What’s Health and Safety? / ·  What is Health? Safety?
·  The role of Stewards with Health and Safety? / ·  flipchart paper and markers
1 hour / The Legal Framework / ·  Source of rights
·  roving flip charts for rights and responsibilities
·  JOSH cmttee
·  Link Local and JOSH / ·  facilitator resources for legislation, ICRP and Right to Refuse
·  roving flip chart stations
·  handout “Health and Safety Rights and Responsibilities“
·  handout “JOSH Committees”
15 minutes / BREAK
40 minutes / Exercising Our Rights / ·  discuss scenarios and the role of the steward / ·  Facilitator Resource “Exercising Our Rights”
·  scenario headers posted around the room
20 minutes / The Steward’s Role with Health and Safety / ·  complete action plan
·  useful links and resources / ·  handout “Steward’s Action Plan for Health and Safety”
·  handout “Useful Links and Resources”
10 minutes / Closing / ·  closing activity

Opening (15 minutes)

Introductions

Welcome participants and introduce the facilitator(s). Invite participants to briefly introduce themselves i.e. (post on flip chart):

·  Name

·  Local

·  number of members or worksites they represent as a steward

·  one workplace hazard they’re aware of

Agenda

Review the course agenda (posted on flip chart) and provide a brief overview of each section:

o  Opening

o  What’s Health and Safety?

o  The Legal Framework

o  Exercising Our Rights

o  The Steward’s Role With Health and Safety

o  Closing

PSAC Harassment Policy

Distribute and review the PSAC Harassment policy, and ask for 3 volunteers to read the statement out loud.

What’s Health and Safety? (20 minutes)

1.  Explain that the terms “health” and “safety” may mean different things to different people. It’s important for us to have a common understanding of what these words mean – to help set the stage for the workshop.

To explore what ‘health” and “safety” means, divide participants into two groups. One group will discuss “WHAT DOES “HEALTH” AT WORK MEAN TO YOU?” and the other group will discuss “WHAT DOES “SAFETY” AT WORK MEAN TO YOU “. Ask participants to discuss the question assigned to their group and come up with a few examples.

In plenary, ask each group for their response and one or two brief examples.

Point out where the examples provided fit into one of the following two categories (posted on flip):

Health:

·  covers symptoms related to other kinds of hazards (physical/energy sources, biological, chemical, ergonomic, work organization and stressors)

·  symptoms can affect the physical, mental or spiritual aspects of our bodies

·  World Health Organization defines “health” as – being sound in mind, body and spirit, a definition that is widely accepted and referred to by organizations such as Health Canada, Manitoba H&S legislation, the PSAC, etc.

Safety:

·  usually refers to mechanical problems that cause traumatic or physical injuries such as cuts, broken or amputated limbs caused by slips and falls, lack of guarding, etc.

·  Part II of the Canada Labour Code defines “safety” as meaning protection from danger and hazards arising out of, linked with or occurring in the course of employment.

·  wherever “safety” is used in legislation it places an emphasis on the employer protecting the worker, rather than preventing injuries as a result of exposure to the hazard.

Stress the holistic approach the union takes regarding health and safety – it isn’t just about injuries you can see, but about keeping people whole and safe – mind, body and spirit.

2.  Ask participants:

WHAT’S THE ROLE OF THE STEWARD WITH HEALTH AND SAFETY?

Record responses on flip chart. Responses may include:

·  talk to members about their H&S rights

·  liaise with the JOSH worker committee representative

·  know members H&S rights to advise them

·  communicate any H&S concerns with the JOSH Union reps and with the Union Local

Note that the key goals for the union, regarding health and safety, are:

·  creating healthier and safe workplaces for workers; and

·  building the strength of the union to take on and win improved health and safety conditions.

The Legal Framework (1 hour)

NOTE: Facilitator resources

·  H&S articles in CAs (i.e. Article 22 in Tr Brd and CRA CAs);

·  the NJC H&S directive for Tr Brd groups http://www.njc-cnm.gc.ca/directive/oshd-dsst/index-eng.php ;

·  the Canada Labour Code for employees under federal jurisdiction http://laws-lois.justice.gc.ca/eng/acts/L-2/ ; (Pre C-4 version)

·  applicable legislation for members under provincial or territorial health and safety legislation

·  Facilitator resource “The Internal Complaint Resolution Process (ICRP)”

·  Facilitator resource “Using the Right to Refuse”

1.  Begin by reminding participants about workplace rights i.e.

·  right to different kinds of leave

·  Right to grieve

·  Right to work in a harassment-free environment

·  Right to join a union

WHERE DO THESE RIGHTS COME FROM? HOW DO YOU KNOW THESE ARE YOUR RIGHTS? i.e.

·  Collective agreement

·  Legislation

·  Employer policies

WHY IS IT IMPORTANT TO KNOW THE SOURCE OF OUR RIGHTS? i.e.

·  Recourse procedures

·  Where and how to put pressure to protect and enhance rights

Say that the same is true for health and safety. Employees have rights, and employers have responsibilities, according to collective agreements, legislation, and employer policies. The applicable legislation depends on where the employee works i.e.

Treasury Board / ·  Canada Labour Code, Part ll
·  National Joint Council H&S Directive
Federal Agencies and Crown Corps / ·  Canada Labour Code Part II
Separate Employers and Directly Charted Locals / ·  applicable federal, provincial or territorial legislation

2.  This next exercise (roving flipchart) will help develop participants’ understanding of health and safety rights and responsibilities – for the employer, the employee and the union:

·  Divide participants into three groups and refer participants to the three flip chart stations around the room (Employer H&S Responsibilities, Worker H&S Rights/Responsibilities, and Union H&S Rights/Union H&S Responsibilities).

·  Assign each group a starting flip chart station and explain the task:

TASK:

o  At each flip chart, list what you know about rights or responsibilities – be as specific as possible.

o  When the facilitator calls “time” move to the next flip chart station to your left.

Provide 3-5 minutes for groups to add to the list at each flip chart station. Once all groups have been to all three stations, ask them to bring the flip charts to one wall so they can be viewed side-by-side.

The lists may include:

Employer Responsibilities/Duties:

·  create and maintain a safe work environment

·  promote healthy workplace habits and activities

·  enforce safety guidelines

·  establish (jointly) health and safety processes and procedures

·  comply with all legislative requirements

·  work with the union

·  provide education to workers about their rights, policies, procedures, hazards and potential hazards, etc.

·  provide personal protective equipment

·  attend regular joint workplace health and safety committee meetings

·  resolve problems/hazards in a timely manner

Worker Responsibilities:

·  identify and report hazards and safety issues (to management, the union (i.e. steward), and their OSH rep

·  know policies and procedures regarding health and safety (links to right to know)

·  use personal protective equipment (assuming it fits, works, etc.)

Worker Rights:

·  know (about health and safety, WHMIS)

·  participate (in joint committees, through their union representatives)

·  refuse to do unsafe or dangerous work

·  work in a safe environment

·  help from a union representative (i.e. steward)

·  education on health and safety

·  information on workplace hazards

·  compensation if injured while on duty

Union Responsibilities:

·  support and represent members

·  provide education and promotion on the importance of workplace health and safety

·  make the employer follow the legislation and policies

·  ensure the employer provides the appropriate training

·  police the collective agreement and other sources of workplace health and safety rights

Union Rights:

·  appoint representatives to the joint occupational safety and health committee

·  represent members

·  participate in joint workplace committees

·  lobby and work pro-actively to enhance workplace safety and health legislation, policies and practices

Work with the group to add additional important rights/responsibilities (from the handout) if they weren’t identified during the roving exercise. It is critical that participants understand the “three R’s” – right to know, right to participate and right to refuse.

Distribute and review the handout ““Health and Safety Rights and Responsibilities“…”

3.  Say that, as the previous exercise illustrates, joint health and safety committees at the workplace can play a significant role. There are two kinds of Health and Safety Committees:

·  Policy Committees where there are more than 300 employees (for the employer) are mandatory; Policy Committees may exist if there are between 20 and 300 employees (CLC legislation).

·  Workplace Committees are mandatory for workplaces with twenty* or more employees (exceptions for ships’ crews) (*CLC)

NOTE: check provincial or territorial legislation, if applicable.

Discuss participants’ experiences of the Joint Occupational Safety and Health (JOSH) Committee i.e.

WHAT ARE SOME OF THE ROLES AND RESPONSIBILITIES OF THE JOINT WORKPLACE COMMITTEE?

The following are from the Canada Labour Code Part II and are similar to legislation for other jurisdictions:

·  Consider and efficiently deal with complaints related to worker health and safety;

·  Participate in the implementation and monitoring of the required workplace program designed to prevent hazards. This program must also cover the education of employees about health and safety related to those;

·  Develop (if there’s no policy committee) or implement policies to implement changes that may affect occupational health and safety, including work processes and procedures;

·  Participate in all inquiries, investigations, studies and inspections about worker health and safety, including investigating work refusals and participating in consultations with professional and technical experts;

·  Ensure that adequate records are maintained about work-related incidents, injuries and health hazards, and regularly monitor data related to them;

·  Each month, inspect all or part of the workplace, so that every part is done at least once a year;

·  Meet at least nine times a year at regular intervals, and during regular working hours.

All of these duties apply to the representatives of the JOSH committee, including the union representatives. This is very important to remember because it shows that the law recognizes the role the union should play regarding health and safety (consultation, input, developing policy, membership education, etc.)

WHO SITS ON THE JOINT COMMITTEE?

·  For those under federal jurisdiction, a joint committee must have at least two people, and at least half of the committee members shall be employees who aren’t managers and who have been selected by the union (if it’s a unionized workplace).

NOTE: check provincial or territorial legislation, if applicable.

WHO ARE YOUR UNION REPRESENTATIVES ON THE JOSH?

HOW DID THEY GET THERE? WERE THEY APPOINTED BY THE UNION? BY THE EMPLOYER? HOW CAN YOU FIND OUT?

4.  To help participants understand the importance of a strong local union connection with the JOSH union reps, ask participants to form triads and refer to the following task (post on flip chart): Provide 10 minutes for this task.

1. WHAT IS THE CONNECTION BETWEEN YOUR JOSH COMMITTEE UNION REPS AND YOUR UNION LOCAL?

2. HOW COULD THE LINK BETWEEN THE JOSH UNION REPS AND THE UNION LOCAL BE STRENGTHENED?

In plenary, using a round robin format, record one idea (question #2 above) from each group on a flip chart titled “Making the JOSH work for workers”, and continue until all ideas have been recorded.

Distribute and highlight key points of the handout “Joint Occupational Safety and Health Committees”. Ask participants to record some of the ideas from the flip chart on the applicable part of the handout.

Exercising our Rights (40 minutes)

NOTE: See Facilitator Resource “Exercising Our Rights”