JHSC – Representatives Legislative Interpretations

14(3) A committee shall consist of equal representation from both the employer and the employees, and the employer shall designate his representative or representatives and the employees shall designate their representative or representatives.

Questions:
How are JHSC employee representatives selected in the following circumstances?

• Employee representatives of a JHSC in a non-unionized workplace.
• Employee representatives of a JHSC in a unionized workplace.
• Employee representatives of a JHSC in a workplace that has both unionized and nonunionized employees?

Can an employee representative have supervisor responsibilities as defined in the Act?

Answers:
The legislation permits enough latitude to enable the parties to work out arrangements to meet the needs of the workplace. Where there is an issue with respect to membership on the Committee and the parties oblige WorkSafeNB to make a decision, WorkSafeNB will make the determination in relation to the following criteria:

1. Employee representatives of a JHSC in a non-unionized workplace.

   If none of the employees are represented by a union, the employee representatives are to be selected by the employees in that workplace.

2. Employee representatives of a JHSC in a unionized workplace.

   If the workers are represented by one or more unions, the worker representatives are to be selected according to the procedures established or agreed on by the union or unions;

3. Employee representatives of a JHSC in a workplace that has both unionized and nonunionized employees?

   If some of the employees are represented by one or more unions and some are not represented by a union, the employee representatives are to be selected in accordance with paragraphs (1) and (2) in equitable proportion to their relative numbers and relative risks to health and safety;

4. Can an employee representative have supervisor responsibilities as defined in the Act?

   The key to a functioning JHSC is having employee and employer representatives who are appointed or elected by the group they represent. If employees choose an employee with some supervisory duties and this person is agreed to by the other employees, then this person is permitted to represent the employees.

Additional Provisions

If the employees do not make their own selection after being given the opportunity under paragraphs (1) to (3), the employer may seek out and assign persons to act as employee representatives.

Where the employer and employees cannot agree on the size of the committee, as required by Section 14(4) of the OHS Act, the Chief Compliance Officer may establish its size.