At the heart of every effective joint health and safety committee (JHSC) is a solid grasp of the fundamentals – the core knowledge that prevents confusion and builds confidence, says WSPS Account Manager Kim English. “When members are unclear about the basics, false assumptions may arise.”

These might include the belief that:

• the JHSC has enforcement power
• members can be held liable for injuries
• worker members can be chosen by management
• recommendations must be implemented immediately, and
• the role of the co-chairs is strictly administrative.

All of these assumptions are incorrect. “When the JHSC understands their role, the committee can focus on making real safety improvements,” says Kim. “A clear understanding of the basics helps ensure compliance and boosts committee effectiveness.”

With Kim’s help, we will review the fundamental information that JHSCs need to know to prevent misconceptions. This includes the JHSC’s role within the Internal Responsibility System (IRS), its composition and structure, and its duties and limitations under the Occupational Health and Safety Act (OHSA).

The JHSC's role in the IRS

As the foundation for health and safety in Ontario, the IRS sets out a framework in which employers, supervisors, and workers all play a role in maintaining workplace health and safety,” explains Kim. “The intent of the IRS is to promote a collaborative safety culture." 

The employer has ultimate responsibility for health and safety in the workplace and bears legal liability, notes Kim. “The JHSC is an advisory body to the employer and workers. Its role is to monitor the effectiveness of the employer’s health and safety program, identify hazards in the workplace, and make recommendations to the employer for improvements to policies, procedures and control measures,” says Kim. 

The collaboration envisioned by the IRS extends to the inner workings of the committee, says Kim. “Management and worker members of the JHSC are expected to work as partners within the IRS, focusing on shared goals for workplace safety.” This requires active listening, respectful communication, and joint effort to identify hazards and develop recommendations. 

Duties under OHSA

Under the OHSA, joint health and safety committees have specific duties aimed at promoting workplace safety through collaboration and proactive hazard management. 

Their key duties are to:

• identify hazards in the workplace through inspections, incident investigations, and analysis of safety data,
• have a worker member of the JHSC carry out monthly workplace inspections,
• make written recommendations to the employer for improving health and safety. The employer must respond in writing within 21 days. “While the employer is not required to accept every recommendation, they must provide a written justification if they disagree,” notes Kim.
• participate in investigations of work refusals, and incidents involving critical injuries and fatalities,
• review inspection reports, incident investigations, and orders from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD),
• be consulted on the development and review of health and safety policies, training programs, and hazard control measures
• review information from the employer about workplace hazards, testing, and safety procedures
  retain copies of meeting minutes and inspection reports and make them available to an MLITSD inspector as needed. 

“The JHSC does not hold authority to implement safety changes, manage worker performance issues or enforce workplace safety policies. These responsibilities rest with supervisors and management, not the committee,” says Kim. 

Committee requirements

JHSC’s must meet legislated requirements regarding their composition, meeting frequency and operational duties. 

Requirements for JHSCs

In Ontario, a JHSC is required if:

• a workplace has 20 or more regularly employed employees
• a designated substance regulation applies 
• it is ordered to have one by the Ministry of Labour, Immigration, Training and Skills Development  (MLITSD)

Committee composition

A JHSC in Ontario must have at least two members if the workplace regularly employs 20 to 49 workers, and at least four members if the workplace regularly employs 50 or more workers. At least half of the members must be workers who do not exercise managerial functions and are selected by workers or the trade union, if there is one. The remaining members must be selected by the employer from among people who exercise managerial functions. 

Certified Members 

At least two members (one worker and one management representative) must be certified through Part 1 (basic) and Part 2 (workplace-specific) certification training. Refresher training is required every three years to maintain certification. Certified members have specific rights and duties, including participating in work refusal and Stop Work investigations.

Co-Chairs

Committees must have two co-chairs – one selected by workers and one selected by management. Together, they are responsible for leading committee meetings, facilitating communication between members, coordinating committee activities, and acting as a liaison between the committee and management. 

Meeting frequency

JHSCs must meet at least once every three months. However, it’s common practice for committees in high-risk industries or complex operations to meet monthly. 

Terms of Reference

Although not legally required, it’s best practice for JHSCs to develop a Terms of Reference to guide their operation. This document outlines the committee’s purpose, structure, roles, responsibilities and operating procedures. “The Terms of Reference serve as a roadmap to ensure the JHSC functions effectively, aligns with the OHSA, and supports the IRS”, says Kim. It should be reviewed annually.

How WSPS can help

Training

• JHSC Certification Part 1 (3-day instructor-led virtual or in-person training) or (self-paced online learning)
• JHSC Certification Part 2 by sector (2-day instructor-led virtual or in-person training)
  
  • Warehousing & Distribution
  • Service
  • Offices
  • Manufacturing
  • Agriculture
  • JHSC Refresher (1-day instructor-led virtual or in-person training)

Resources

• JHSC Meeting Minutes Template Recording Form
• Workplace Inspection Recording Form Template
• Joint Health and Safety Committee Terms of Reference
• JHSC Notice of Recommendation (PDF) 
• JHSC Toolkit (PDF)
• JHSC Notice Board Form - Use this form to post the names of your joint health and safety committee members.
• Joint Health and Safety Committees (JHSC): An Overview
• How can a JHSC conduct effective workplace inspections on-site? (video)

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