TSI-HSE-POL-002 - R1 - Terms of Reference and Rules of Procedure (JHSC)

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TSI-HSE-POL-002

TERMS OF REFERENCE AND RULES OF


PROCEDURE

TETRANEX INTERNAL USE


REVISION HISTORY
Rev Date Description Originator Checked Approved
0 2023-07-01 Issued for Implementation S. LeDrew K. Pease / JHSC S. LeDrew
1 2024-04-12 Issued for Implementation S. LeDrew JHSC S. LeDrew /
K. Herauf

CURRENT REVISION CHANGE LOG


Section(s) Description
1.3.1 Added content to Replacing a Member During a Term of Office to meet legislative requirements.

FOR TETRANEX INTERNAL USE


The information contained in this document is confidential in nature and may not
be used, reproduced or transmitted in any manner without the prior written
consent of Tetranex Solutions Inc.

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CONTENTS

1 Joint Health and Safety Committee (JHSC) .................................................... 4


1.1 Purpose and Scope ................................................................................................................................ 4
1.2 Committee Membership ....................................................................................................................... 4
1.2.1 JHSC Formation Considerations for Committee Size ................................................................................................ 4
1.2.2 Co-Chairs................................................................................................................................................................... 5
1.2.3 Worker Members ..................................................................................................................................................... 5
1.2.4 Employer Members .................................................................................................................................................. 5

1.3 Terms of Office ...................................................................................................................................... 5


1.3.1 Replacing a Member During a Term of Office .......................................................................................................... 5
1.4 Training Requirements .......................................................................................................................... 6
1.5 Names of Committee Members ............................................................................................................ 7
1.6 Member Responsibilities ....................................................................................................................... 7
1.6.1 Committee Members................................................................................................................................................ 7
1.6.2 Co-Chair Members .................................................................................................................................................... 8
1.6.3 Employer Members .................................................................................................................................................. 8

1.7 Worker Concerns .................................................................................................................................. 8


1.7.1 Process for Addressing Concerns .............................................................................................................................. 9
1.7.2 Confidentiality ........................................................................................................................................................ 11

1.8 Hazard Identification, Assessment and Control ................................................................................... 11


1.9 Worksite Inspections........................................................................................................................... 11
1.10 Meetings ............................................................................................................................................. 12
1.10.1 Quorum .................................................................................................................................................................. 12
1.10.2 Agenda and Meeting Minutes ................................................................................................................................ 12

1.11 Recommendations to the Employer .................................................................................................... 13


1.12 Dispute Resolution .............................................................................................................................. 13
1.12.1 Failure to Reach Consensus .................................................................................................................................... 13
1.12.2 With the Employer/Prime Contractor .................................................................................................................... 13

1.13 Amendments ...................................................................................................................................... 13


1.14 Approval Signatures ............................................................................................................................ 14

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1 J OINT H EALTH AND S AFETY C OMMITTEE (JHSC)
1.1 PURPOSE AND SCOPE

The Tetranex Solutions Inc Joint Health and Safety Committee (JHSC) assists in encouraging a safe and healthy
work site by participating in the identification of hazards in the workplace through regular inspections, receiving
the concerns of various worker groups and through the development and promotion of programs to increase
safety.
Committee members are a representation of both worker and employer groups and recognize collective
contributions of workers and employers across all operations. This also serves to foster effective two-way
communication between the employer and workers by informing employers of concerns at the work site level.
Committees allow workers to participate in Occupational Health and Safety and support the three rights of
workers:
• The right to know.
• The right to participate.
• The right to refuse dangerous work.
Alberta’s Occupational Health and Safety (OHS) Act requires an employer who has a total of 20 or more full part
time workers, and work that is expected to last 90 days or more must establish a Joint Health and Safety
Committee. The workers can be directly employed by the employer or be contract workers.
These written procedures dictate how the JHSC functions based on the guidelines within section 197 of the OHS
Code. The intent of the rules of procedure is to specify how the committee will accomplish its duties.
The Health and Safety Committee:
• Ensures the committee’s membership represents all OHS concerns at their work site.
• Utilizes a process for replacing members of the committee if they depart.
• Utilizes a dispute resolution process to use if the committee fails to reach a consensus about
recommendations put forward.

1.2 COMMITTEE MEMBERSHIP


Appropriate representation of all departments, groups, or areas, to address all relevant occupational health and
safety concerns at the work site is required. Each department, groups, or area is to be taken into consideration
when choosing the appropriate number of members for the JHSC.
The minimum committee size is four, of whom at least half must represent the workers who are not associated
with management. Complex work sites may require more JHSC members in order to adequately represent the
safety interests of both the workers and the employer. The employer is responsible to ensure that the size of the
committee is an accurate representation. Tetranex can modify the size of the committee based on the factors
below.

1.2.1 JHSC FORMATION CONSIDERATIONS FOR COMMITTEE SIZE


Factors that should be used in determining the committee size include:
• Degree of hazards in the workplace.
• Number of workers.

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• Number of departments.
• Type of shifts.
• Type of employees (full-time, part-time).

1.2.2 CO-CHAIRS
Each committee must have two co-chairs. The worker members select a worker co-chair to represent and the
employer members select and employer co-chair. The co-chairs alternate at the meetings serving as the chair and
must participate in all decisions of the committee.
Additional duties of the co-chairs include:
• Preparation and distribution of the committee meeting agenda.
• Recording the meeting minutes.
• Ensure the meeting minutes are approved and given to employer within 7 days of the meeting.
• Ensure copies of the approved meeting minutes are posted or provided by electronic means at the work
site within 7 days after the day the meeting was held.

1.2.3 WORKER MEMBERS


Worker members participation in the JHSC is on a voluntary basis. In the scenario where further worker members
are needed in addition to volunteers, additional worker members will be nominated by the employer for their
consideration of JHSC membership.
In the case of an employer who operates at multiple work sites, be a person directly employed by the employer.

1.2.4 EMPLOYER MEMBERS


Employer members are appointed to the committee by the employer. In the case of an employer who operates at
multiple work sites, be a person directly employed by the employer.

1.3 TERMS OF OFFICE

The OHS Act states the duration of a member’s term on an JHSC. As stated in the OHS Act, the durations are as
follows:
a) Normally not less than one year.
b) May be longer than one year until a successor is selected or appointed.

1.3.1 REPLACING A MEMBER DURING A TERM OF OFFICE


The committee may remove a member from the committee, if the committee determines that the member has
done any of the following:
a) Not fulfilling duties of the JHSC.
b) Conflict of interest.
c) Disruptive behavior at meetings.
d) Any other reason that could compromise the reputation or functioning of the JHSC.

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Removal of a committee member will be carried out according to the following process:
a) Identification of a any valid reason for removal by a Tetranex employee to any JHSC member, or by any
member of the JHSC itself.
b) The JHSC co-chairs will organize a vote on removal of the member in question; a majority vote (50% plus
1) will be required to proceed with removal of the member. In the instance of a tie, the employer will also
cast a vote to reach a majority decision. Votes cast by individual JHSC members or the employer will be
confidential and not be disclosed.
c) Results of the vote will be shared with the JHSC.

If the vote results in the removal of the JHSC member:


a) JHSC co-chairs to inform the member of the decision of his/her removal from the JHSC.
b) Announce the departure of the leaving member to the committee.
c) Determine the demographic represented by the leaving member.
d) Announce the departure of the leaving member to the work site.
e) Solicit TSI employees for someone to join the JHSC and replace the departing member.
f) Announce the new member to the JHSC and the work site.
g) Amend any documentation to reflect the change.

If the vote results in the JHSC member not being removed, the member is welcome and encouraged to continue
his/her participation and service on the JHSC.

1.4 TRAINING REQUIREMENTS

The employer must ensure that each JHSC co-chair completes a government approved one-time mandatory
JHSC/HS representative training course. The training includes the duties and functions required of the co-chairs.
The mandatory course is six to eight hours long and counts towards the 16 hour/two shift annual training
allowance. The employer is responsible for the cost of mandatory training as well as for compensating workers for
the time spent in training the worker’s applicable rate of pay.
JHSC co-chairs or HS representatives may use the remainder of their 16 hour/two shift annual training allowance
for additional OHS training. The table below (Table 1) describes the training details and payment requirements for
all committee participants.
Additional training may include general health and safety training, or hazard or industry specific OHS training that
would assist in fulfilling duties and responsibilities outlined in the legislation.

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Table 1: Summary of JHSC/HS Representative Training Requirements
JHSC Co-Chairs JHSC Members All Workers
Encouraged for
JHSC/HS prospective JHSC
Mandatory Mandatory
Representatives Course members or HS
Representatives
Discussion with
employer based on
Payment for Training Employer Employer
worker’s needs, job
duties and functions
The greater of 16 hours The greater of 16 hours
Time Allowable for or the number of hours or the number of hours Discussion with
Training the worker normally the worker normally employer
works during two shifts works during two shifts

1.5 NAMES OF COMMITTEE MEMBERS

Members are selected in a manner to provide appropriate representation of all departments, groups, or areas to
address all relevant occupational health and safety concerns at the work site.
The names and contact details of the members must be posted in a conspicuous location at every work site where
the JHSC representative represents the workers.

1.6 MEMBER RESPONSIBILITIES

1.6.1 COMMITTEE MEMBERS


The duties and functions of the committee are identified in the OHS Act Section 19 and 20 and include the
following items:
• Attend all meetings and when unable to attend, ensure all relevant correspondence and documents are
reviewed and any assigned tasks acknowledged.
• Receive and address concerns and complaints about the health and safety of workers.
• Participate in the identification of hazards to workers or other persons in connection with work site
activities.
• Develop and promote measures to protect the health and safety of persons at the work site and check on
the effectiveness of those measures.
• Develop and promote programs for education and information concerning health and safety.
• Participate in the identification of hazards to workers or other persons arising out of or in connection with
activities at the work site.
• Inspect the work site at regular intervals.
• Make recommendations to the employer, prime contractor, or owner respecting the health and safety of
workers.
• Participate in investigations of serious injuries, incidents and work refusals at the work site.
• Deal with concerns and complaints respecting the health and safety of workers and maintain records
related to those activities.

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• Maintain records of any other matters dealt with by the JHSC.
• Cooperate with any officer exercising duties under the OHS legislation.
• Perform any other duties required by the OHS legislation.
• Consult with the employer in the development and implementation of hazardous product procedures.
These duties shall be performed during normal working hours.

1.6.2 CO-CHAIR MEMBERS


Co-chairs facilitate the JHSC meetings by:
• Taking a leadership role in guiding committee discussions towards definite conclusions.
• Ensuring meetings start and end on time and are conducted in accordance with the established agenda
and process.
• Strive to achieve consensus.
• Reviewing previous minutes and materials prior to each meeting.
• Prepare and distribute meeting agenda and materials.
• Post meeting materials to the designated location.

1.6.3 EMPLOYER MEMBERS


Tetranex will:
• Consult and cooperate with the JHSC to develop policies, procedures and codes of practice to meet or
exceed the OHS Act, Regulations and Code.
• Provide all members of the JHSC and HS representatives with reasonable opportunity to inform workers
on matters affecting OHS.
• Ensure records, policies, plans, procedures, codes of practice, reports or manufacturer specifications are
maintained under the Act, Regulations and Code, and are available for examination by JHSC members.
• Distribute any information or documents addressed to the JHSC as soon as reasonably practicable.
• Allow members time for meeting preparation and attendance.
• Allow committee members the necessary time to carry out their functions.

1.7 WORKER CONCERNS

JHSC members and HS representatives are responsible for the receipt, consideration and disposition of concerns
and complaints respecting the health and safety of workers.
A JHSC can be invaluable in encouraging workers to discuss their concerns and suggest solutions. Methods include;
• Conversations,
• Contact during inspections and investigations, and
• Meetings.

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1.7.1 PROCESS FOR ADDRESSING CONCERNS
• Encourage workers to bring specific concerns to their supervisor and general concerns to the JHSC. If a
concern cannot be resolved with the supervisor, it should be brought to the JHSC for investigation. Keep
the worker and supervisor informed during the investigation.
• If the JHSC cannot resolve the concern, delegate resolve to the employer.
• The JHSC helps the worker and employer by gathering information on the risks posed by each hazard
identified and alternative courses of action. Take recommendations to the employer for corrective action.
Keep workers informed.
• If the JHSC and employer cannot resolve a health and safety concern with 30 days, any work site party
may contact Alberta OHS to refer the matter to an OHS officer.
• Communicate the status and final resolution of the concern to everyone involved. Post meeting minutes,
distribute bulletins or hold discussions with workers, supervisors and managers.
• The JHSC can help everyone concerned by monitoring the effectiveness of the corrective action the
employer has taken.

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1.7.1.1 Process Flowchart

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1.7.2 CONFIDENTIALITY
All information discussed in the meetings will be held in confidence and remain internal to the company.
Health and Safety issues will be discussed omitting names of any people who may be involved. Any violation
of confidentiality may result in the request of immediate resignation from the JHSC by the JHSC member
and, if warranted, the violation will be communicated to senior management.

1.8 HAZARD IDENTIFICATION, ASSESSMENT AND CONTROL

The JHSC representatives are required to participate in hazard identification at the worksite including harassment,
violence, physical, biological and chemical or radiological hazards. Hazard identification occurs through regular
work site inspections.
When hazards are identified, the committee, with consultation of the employer, must develop measures to protect
workers and develop a healthy and safe worksite for all persons present. When measures are developed to
eliminate, reduce or control the hazards, their effectiveness must be monitored.
Employers hold the obligation to inform workers of work site hazards and the measures being taken to control
them. The below are requirements for the hazard assessment process at the worksite:
• Assess the worksite for existing or potential hazards prior to work beginning, and prior to the construction
of a new work site.
• Prepare a report with the results of the hazard assessment and the methods of control to eliminate those
hazards.
• Repeat the hazard assessment at regular intervals to ensure there is no new development of hazards.
• Perform a hazard assessment when new process or operation is introduced.
• Ensure that affected workers are involved in the process of assessment control.

1.9 WORKSITE INSPECTIONS

JHSC members are required to regularly inspect the work site at least once before each quarterly committee
meeting to identify health and safety hazards that have not been controlled. One worker member of the
committee, and not necessarily the same member on each occasion, shall be afforded the time from work to
inspect the work site as per the inspection and maintenance schedule.
Inspections are a planned walk-through or examination of a work site that looks at hazards, machinery, tools,
equipment and work practices. Regular inspections reduce incidents and occupational illnesses.
Committee members have a duty to cooperate with any OHS officer conducting an inspection.
Tetranex in conjunction with the JHSC has established inspection requirements for the schedule and procedures of
work site inspections. These details are outlined in the Inspections and Maintenance section within the Health and
Safety Manual.
Inspections help the JHSC to:
• Compare existing conditions with standards, such as regulations and industry practices.
• Determine if gaps exist between workplace practices and standards set by the organization, industry or
legislation.
• Identify the root cause for any gaps.

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• Develop recommendations for corrective action.

1.10 MEETINGS

The committee shall meet in accordance with the OHS Act during normal working hours. Either co-chair may
request special meetings to deal with urgent concerns at the work site. A JHSC must also convene a special
meeting if requested to do so by an Alberta OHS officer.
The minimum meeting frequency requirement is intended to encourage the resolution of concerns and issues at
regular intervals rather than go unresolved for long periods of time.
The requirements are as follows:
a) Meet within 10 days of being established.
b) Meet at least quarterly, or more often if necessary.
c) Meet if requested by a co-chair.
d) Meet if requested by an OHS officer.

1.10.1 QUORUM
Quorum is the minimum number of members of the JHSC that must be present at its meetings to make the
proceedings of that meeting valid. Quorum consists of at least half of the committee members as long as the
representative from both the employers and workers are present and at least half of the persons represent
workers.
A meeting that takes place without a quorum is not a valid committee meeting. Because of this, any decisions or
recommendations made at that meeting are not binding.
The composition of the quorum shall follow these requirements:
a) A quorum consists of at least half of the committee members being present.
b) Both worker and employer members must be present.
c) At least one half of the members present are workers.
d) At least one co-chair must be present.

1.10.2 AGENDA AND MEETING MINUTES


The JHSC co-chairs must ensure to record the minutes of each meeting to document the items raised. This includes
the receipt, consideration and disposition of concerns and complaints respecting the health and safety of workers
in the meeting. Accurate records of all activities conducted and all items addressed by the committee must be
recorded.
Records include meeting agendas, meeting minutes, recommendations to the employer, inspections, hazard
reports, incident reports, investigations, action plans, orders, interactions with OHS officers, or any other
documentation related to the duties and functions of the committee.
Meeting agendas and minutes will adhere to the following guidelines:
a) Recorded and approved by those who attended the meeting and are considered to be an accurate record
of what happened at the meeting.
b) Agendas and minutes will follow the approved templates.
c) Agenda will be prepared by the co-chairs and distributed to members prior to the meeting.
d) The co-chairs must ensure meeting minutes are recorded.

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e) The co-chairs must ensure meeting minutes are approved and given to the employer within 7 days of the
meeting.
f) The co-chairs must ensure copies of the approved meeting minutes are posted or provided by electronic
means at the worksite within 7 days after the meeting was held.
g) Meeting minutes will be kept on file for a period of 2 years.

1.11 RECOMMENDATIONS TO THE EMPLOYER

The JHSC will make recommendations to the employer respecting the health and safety of workers and follow up
on the status. If the committee fails after trying in good faith to reach a consensus about making recommendations
to the employer, either co-chair has the power to make a unilateral written recommendation to the employer.
Some recommendations could include:
• Improvements pertaining to health and safety in the workplace.
• Improvements in response to incidents and accidents in the workplace.
• Improvements pertaining to work site inspection or review of local work site programs.
Recommendations follow a standardized process and ensure that the key information collected is submitted to
Tetranex to ensure a timely approval for corrective actions from the employer. The response from the employer or
management designee must be written and provided within 30 days. The response will contain a timetable for
implementation of acceptable recommendations or give reasons for not accepting recommendations.
Recommendations to the employer will follow these requirements:
a) Precisely describe the item or problem and its location.
b) Include any necessary background information and research from the committee. Including the proposed
cost for solutions along with the timeline and cost.
c) State what could happen if the problem is not resolved.
d) If warranted, propose both short-term and long-term solutions.

1.12 DISPUTE RESOLUTION

1.12.1 FAILURE TO REACH CONSENSUS


When the committee is unable to reach an agreement regarding a health and safety matter, the committee will
first contact a third-party consultant and then contact OHS if further resolution is required.

1.12.2 WITH THE EMPLOYER/PRIME CONTRACTOR


When a matter cannot be resolved after written reasons are given by the employer, the employer, or a member of
the JHSC may refer the concern to an OHS officer.

1.13 AMENDMENTS

These Terms of Reference and Rules of Procedure should be reviewed annually and will remain in force and in
effect until the new terms of reference are entered into.

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1.14 APPROVAL SIGNATURES

April 12, 2024

Kassie Herauf, Worker Co-Chair Date

April 12, 2024

Shawn LeDrew, Employer Co-Chair Date

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