Q - Could the requirement that the employer must request that the WPHSC participate in all inquiries be included in the WPHSC’s Terms of Reference?

Health and Safety Committee
Q - Could the requirement that the employer must request that the WPHSC participate in all inquiries be included in the WPHSC’s Terms of Reference?

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The following section of the CLC Part II states:

Duties of committee

135. (7)
...(e) shall participate in all of the inquiries, investigations, studies and inspections pertaining to the health and safety of employees, including any consultations that may be necessary with persons who are professionally or technically qualified to advise the committee on those matters;

 

A - Given the above, it is not necessary to include this in the Terms of Reference as should the employer not do this it would be dealt with as a contravention of the Act and Regulations and not as a contravention of the Terms of Reference.  It should be noted that a contravention of the Act or Regulations is dealt with as a complaint, section 127.1 of the CLC Part II