Joint health and safety committee (JHSC)

A buyer of a business with staff meets the committee in safety diligence: whether one is required, whether one exists and what it has recorded. See the employment red flags to look for when buying a business.

Ontario

Under section 9 of the Occupational Health and Safety Act, a committee is required in the cases listed in section 9(2), which include a worker-count threshold, subject to the exceptions in subsections 9(1) and (4); the Minister may also order one under section 9(3). At least half the members must be workers who do not exercise managerial functions, selected by the workers or their union. Two members co-chair, one chosen by the worker members and one by the management members. The committee must keep minutes and make them available to an inspector, and an employer who receives written recommendations from the committee or a co-chair must respond in writing within the period section 9(20) sets.

Federal and what to ask

The Canada Labour Code, subject to section 135, requires an employer to establish a work place health and safety committee for each controlled work place with a stated number of employees. Ask for the minutes, the written recommendations and the employer’s responses. At some Ontario workplaces without a committee, section 8 calls for a health and safety representative. This entry covers Ontario and the federal Code only; check the rules where you are. See OHS compliance.