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					                    Trent University Health and Safety Standards:

                         Joint Health and Safety Committee
                                 September, 2003.



                          TERMS OF REFERENCE

                                    FOR THE

                   STRUCTURE AND FUNCTION OF THE

                 TRENT UNIVERSITY MULTI-WORKPLACE

                 JOINT HEALTH AND SAFETY COMMITTEE




                              AS AGREED BETWEEN


                CANADIAN UNION OF PUBLIC EMPLOYEES,
                       LOCAL 3908 (CUPE), UNIT 1
                CANADIAN UNION OF PUBLIC EMPLOYEES,
                       LOCAL 3908 (CUPE), UNIT 2
      ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 365 (OPSEU)
            TRENT UNIVERSITY FACULTY ASSOCIATION (TUFA)

                                        and

    THE BOARD OF GOVERNORS OF TRENT UNIVERSITY (THE UNIVERSITY)




April 23, 2002
                   PREAMBLE


       1. It is a requirement of the Occupational Health and Safety Act to establish a policy
   which should encourage the active participation of all employees in the prevention of accidents
   and the promotion of occupational health and safety in the workplace.

2. The Canadian Union of Public Employees, Local 3908, Units 1 and 2; the Ontario Public
   Service Employees Union, Local 365; the Trent University Faculty Association; and Trent
   University have established a Joint Health and Safety Committee under the Occupational
   Health and Safety Act and have reached an understanding as to the terms of reference for the
   composition, practice and procedure thereof.

3. The parties acknowledge that a Joint Health and Safety Program can only be successful where
   everyone in the workplace is committed to these responsibilities. Therefore, the parties
   undertake to co-operate in ensuring that these Terms of Reference and the full intent of the
   Occupational Health and Safety Act will be carried out by their respective organizations.

4. The parties hereto adopt these Terms of Reference in good faith and agree to promote and assist
   the Joint Health and Safety Committee and committee members by providing such information,
   training and assistance as may be required for the purpose of carrying out their responsibilities.
GENERAL

1.1 (a)This document respecting the Joint Health and Safety Committee Terms of Reference is
    mutually developed and agreed to by the noted workplace parties and is submitted to the
    attention of the Minister of Labour for sanction and approval, pursuant to Section 9(3.1) of the
    Occupational Health and Safety Act.

   (b) The Minister of Labour reserves the right to withdraw the sanction of this arrangement if
   deemed appropriate for any reason after consultation with the workplace parties.

1.2 The Joint Health and Safety Committee (referred to hereafter as the " Joint Committee ") will
    not be empowered to amend, alter, subtract from or add to, any of the terms of the Collective
    Bargaining Agreement(s).

1.3 All employees will be encouraged to discuss their occupational health and safety concerns with
    their immediate supervisor before bringing it to the attention of the Joint Committee.

1.4 Joint Committee members will ensure the factual basis of all unresolved health and safety
    concerns brought to their attention. All resolutions will be reported in the minutes.

1.5 Medical or trade secret information will be kept confidential by all Joint Committee members.

1.6 The Joint Committee shall review this document, at least annually, and recommend revisions as
    required to ensure continued compliance with the Occupational Health and Safety Act and
    applicable legislation.

1.7 Any amendments, deletions or additions to this document must have the consensus of the total
    Joint Committee and shall be set out in writing and forwarded to the President of Trent
    University and the Presidents of CUPE, OPSEU, and TUFA and the Minister for comment and
    approval prior to being attached as an Appendix to these Terms of Reference.
JOINT COMMITTEE STRUCTURE

2.1   The Joint Committee shall consist of eleven (11) members; four (4) members selected by
      the employer, three (3) members selected by OPSEU, two (2) members selected by TUFA,
      one (1) member selected by CUPE Unit 1, and one (1) member selected by CUPE Unit 2.
      Alternates may be allowed; however, they shall only be used in situations with the approval
      of the Co-Chairpersons. Each party will supply a listing of one (1) alternate for each
      member.

2.2   The Joint Committee shall meet monthly during the academic year (September to May) on a
      regularly established schedule; predetermined and approved by the Joint Committee. Any
      changes to the meeting schedule must be approved by the Co-Chairpersons.

2.3   There shall be two Co-Chairpersons, one (1) from the employer and one (1) from members
      of the committee representing workers who shall alternate the chair at meetings.

2.4   A Co-Chairperson may invite, with the consent and approval of his/her counterpart, any
      additional person(s) to attend the meeting to provide additional information and comment,
      but they shall not participate in the regular business of the meeting.

2.5   The Joint Committee shall have a minimum of two (2) certified members; one (1)
      representing the employer and one (1) representing the workers.
JOINT COMMITTEE FUNCTIONS

3.1 To attain the spirit of the Occupational Health and Safety Act, the functions of the Joint
Committee shall be;

      (a) to identify, evaluate and recommend a resolution of all matters pertaining to occupational
          health and safety in the workplace to the President of the University.

      (b) to encourage adequate education and training programs in order that all employees are
          knowledgeable in their rights, restrictions, responsibilities and duties under the
          Occupational Health and Safety Act.

      (c) to address matters related to all Regulations, including WHMIS, Industrial Establishments,
          and Designated Substances where applicable.

      (d) to deal with any occupational health and safety matter that the Joint Committee deems
          appropriate.

Inspections

3.2      The Joint Committee members who represent workers shall designate one (1) of the
         members representing workers to inspect the physical condition of part of the workplace(s)
         at least once a month such that the entire workplace is inspected once a year in accordance
         with a schedule established by the Joint Committee. Where and when possible, a
         management person shall accompany the worker member.

3.3      All occupational health and safety concerns raised during the physical inspection will be
         recorded in a workplace inspection report and signed by member(s) performing the
         inspection.

3.4      The workplace inspection report will be forwarded to members of the Joint Committee, the
         Area Manager and the President (or Designate) within ten (10) days of the workplace
         inspection. The Area Manager (or Designate) will inform the Joint Committee of the status
         of the outstanding items by the next Joint Committee meeting.


ACCIDENTS

3.5      The Joint Committee will designate members and/or alternates if required, chosen by those
         they represent to be responsible for overseeing that the requirements prescribed in Sections
         51 and 52 of the Occupational Health and Safety Act and Section 5 and 6 of the Regulations
         for Industrial Establishments are carried out. In addition, incidents that have the potential
         for serious injury shall be reviewed by the members so chosen and investigated if deemed
         warranted by mutual determination of the Co-Chairpersons.
OTHER

3.6    The Joint Committee will designate two (2) members and/or alternates if required, chosen
       by those they represent, to accompany the Ministry of Labour Inspector while carrying out
       Ministry inspections of the workplace.

3.7    The members of the committee representing workers shall designate a member and/or
       alternate if required, to attend work refusals. Senior Management will be informed in
       writing of the names of the worker(s) so designated.

3.8    A Joint Committee member who represents workers shall be consulted concerning proposed
       workplace testing strategies related to industrial hygiene, and shall be entitled to be present
       at the beginning of such testing.

3.9    If possible, the member(s) designated in the "Joint Committee Functions' shall be certified
       member(s).


JOINT COMMITTEE MEETINGS

Agenda
4.1   The Co-Chairpersons will jointly prepare an agenda and forward a copy of the agenda
      to all Joint Committee members at least one (1) week in advance of the meeting.

4.2    The Joint Committee may only consider such occupational health and safety issues as have
       been listed on the agenda or have been agreed upon in advance by the two (2) Co-
       Chairpersons.

4.3    All items raised from the agenda in meetings will be dealt with on the basis of consensus
       and formal motions will not be used. All items that are resolved or not will be reported in
       the minutes and unresolved items will be placed on the agenda for the next meeting.

4.4    Committee members shall be entitled to one (1) hour or such longer period of time as the
       Joint Committee determines is necessary to prepare for each Joint Committee meeting.

Quorum
4.5  The Joint Committee shall have a quorum of 50% + 1 members present in order to
     conduct business. One (1) Co-Chairperson must be present in order to conduct business and
     chair the meeting. The number of employer members shall not be greater than the number
     of worker members.
Minutes
4.6   The Joint Committee will designate a secretary for the meeting to take minutes and be
      responsible for having the minutes typed, circulated and filed within one (1) calendar week
      of the meeting, or as the Joint Committee may from time to time instruct. Minutes of
      meetings will be reviewed, edited where necessary by the Co-Chairpersons, then signed and
      circulated to all Joint Committee members and a copy forwarded to the President of Trent
      University (or Designate). A copy of the minutes will also be displayed in a conspicuous
      place in the workplace. Agenda items will be identified by a reference number, and be
      readily available in a proper filing system. Names of Joint Committee members will not be
      used in the minutes except to record attendance, or for the purpose of receiving specific
      direction from the Joint Committee.

Recommendations
4.7  The President of Trent University (or Designate) shall respond in writing within twenty
     one (21) days to the Co-Chairpersons with regard to written recommendation(s) of the Joint
     Committee by giving their assessment of the problem and outlining the person(s)
     responsible for resolving the matter along with a timetable for implementing the
     recommendation(s) with which the employer agrees. If the employer disagrees with or does
     not accept any recommendation(s), reasons for the disagreement will be stated.

ISSUE RESOLUTION

5.1    Items unresolved by the Joint Committee after three (3) regularly scheduled meetings will
       be referred to a committee comprised of the President of Trent University (or Designate)
       and both Co-Chairpersons to attempt to resolve the outstanding issue. A written response
       shall be given to the Joint Committee by the next scheduled meeting.

JOINT COMMITTEE MEMBER ENTITLEMENTS

6.1    All time spent in attendance at Joint Committee meetings or in activities relating to the
       function of the Joint Committee will be paid for at the member's appropriate rate of pay for
       performing work, and the time spent is to be considered as time at work.


Please note: These Terms of Reference provide a framework for an effective functioning Joint
Health and Safety Committee. References can be made to the Occupational Health and Safety Act
and its guidebook.

				
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