Committee, Representative, and Designate Frequently Asked Questions

Occupational Health and Safety Committee, Worker Health and Safety Representative and Workplace Health and Safety Designate

Issue Date: May 10, 2005

Definitions

Workers: Persons engaged in an occupation, including managers and non-managers, but excluding persons who are considered owners, operators, and partners.
Persons: Workers (managers and non-managers), as well as owners, operators, and partners.

How do I determine whether I need to have an Occupational Health and Safety Committee, Worker Health and Safety Representative, or a Workplace Health and Safety Designate?

Occupational Health and Safety Committee
The Occupational Health and Safety Act Section 37 specifies that where there are 10 or more workers employed at a workplace, the employer shall establish an Occupational Health and Safety Committee to monitor the health, safety and welfare of workers employed at the workplace. When determining the number of workers employed at your workplace, you must include all management and non-management workers but exclude owners, operators or partners.
Worker Health and Safety Representative
The Occupational Health and Safety Act Section 41 specifies that where there are less than 10 workers employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the Worker Health and Safety Representative to monitor the health, safety and welfare of workers employed at the workplace. When determining the number of workers employed at your workplace, you must consider all management and non-management workers but exclude owners, operators or partners.

Workplace Health and Safety Designate

In December 2004, an amendment was made to the Occupational Health and Safety Act to include Workplace Health and Safety Designate. The Act Section 42.1 specifies where less than 6 persons are engaged at a workplace and the designation of a Worker Health and Safety Representative is impracticable, the employer may designate a Workplace Health and Safety Designate to monitor the health, safety and welfare of workers employed at the workplace. When determining the number of persons engaged at your workplace, one must include all management and non-management workers as well as persons who are considered owners, operators or partners. The difference between a Worker Health and Safety Representative and a Workplace Health and Safety Designate is that the "designate" could be connected with management or be the owner, operator or partner and is appointed by the employer.

Number at each workplace	Requirement for WH&S Designate, WH&S Representative, or OH&S Committee
Owners/operators/partners only (i.e. no workers)	None
One worker only (i.e. no owners/operators/partners at the workplace)	None
Combination of 2 - 5 persons (including owners/operators/partners and workers)	WH&S Designate or WH&S Representative
6 - 9 workers (excluding owners/operators/partners)	WH&S Representative
10 or more workers (excluding owners/operators/partners)	OH&S Committee

Who needs to be trained at my workplace?

To determine who requires training, you must first determine whether a Workplace Health and Safety Designate, Worker Health and Safety Representative, or an Occupational Health and Safety Committee is required (see Question #1). The following table summarizes the training requirements:

Number at each workplace	Requirement for , WH&S Designate, WH&S Representative or OH&S Committee	Training Requirements
Owners/operators/partners only (i.e. no workers)	None	None
One worker only (i.e no owners/operators/partners at the workplace)	None	None
Combination of 2 - 5 persons (including owners/operators/partners and workers)	WH&S Designate or WH&S Representative	1 1/2 day training for the WH&S Designate or WH&S Representative
6 - 9 workers (excluding owners/operators/partners)	WH&S Representative	1 1/2 day training for the WH&S Representative
10 - 49 workers (excluding owners/operators/partners)	OH&S Committee	3 day training for Co Chairpersons of the Committee
50 or more workers (excluding owners/operators/partners)	OH&S Committee	3 day training for all Committee members

The Occupational Health and Safety Act requires that the Worker Health and Safety Representative must be a worker not connected with management. What does that mean?
The intention of the appointment of the Worker Health and Representative is to provide an avenue for workers to have their health and safety concerns addressed. The Worker Health and Safety Representative should be able to speak on behalf (and represent) workers at a workplace. When determining whether a worker is "connected with management", consider whether the worker has the authority to act or make decisions on behalf of the owner, operators or partners. If such an authority exists, the worker would be considered to be connected with management.
What if I have more than one location for my business?
The Occupational Health and Safety Act requires that every WORKPLACE have either a Workplace Health and Safety Designate, Worker Health and Safety Representative or an Occupational Health and Safety Committee, depending on the number of workers at each individual workplace in accordance with Question #1. Each workplace must be considered separately when determining whether a Workplace Health and Safety Designate, Worker Health and Safety Representative or Occupational Health and Safety Committee is required.
I have workers who work out of my head office, but travel throughout the province for short periods as part of their work. What am I required to do?
Because all of the workers work out of one location, a Worker Health and Safety Representative or an Occupational Health and Safety Committee must be established at this location, depending on the number of workers employed as per Question #1.
How would these requirements apply to the Construction Industry?
All employers in the construction industry are required to have a Workplace Health and Safety Designate, Worker Health and Safety Representative or an Occupational Health and Safety Committee (depending on the total number of workers in accordance with Question #1) at their headquarters. In addition, for construction projects that last for longer than 30 days, the employer should ensure one of the following is in place at each construction site:
(a) the employer has representation on an established site Occupational Health and Safety Committee, or (b) where no site Committee exists, a Workplace Health and Safety Designate, or Worker Health and Safety Representative is appointed or an Occupational Health and Safety Committee is established (depending on the number of workers at that site) to monitor the health, safety and welfare of the employer's workers employed at that site.
I am the owner of a company with only two workers. Can I take the training instead of one of my workers?
To comply with the requirements of the Occupational Health and Safety Act, as the employer, you must attempt to appoint a worker as the Worker Health and Safety Representative and ensure that worker attends the training. However, where this is impracticable (i.e. high turnover in staff or part-time positions), you may appoint a Workplace Health and Safety Designate. The designate may be the owner/operator/partner or a worker connected with management. Additional workers, owners, managers can take the training if they wish.
My company hires seasonal workers only. Am I exempt from this training?
No, seasonal companies are not exempt from the requirements. Refer to questions 1 and 2.
My company employs all part time workers. Am I exempt from this training?
No, the legislation makes no distinction between part time and full time workers. Therefore training must take place as per the requirements outlined in Question #2. Remember, when it is impracticable to have a Worker Health and Safety Representative, a Workplace Health and Safety Designate may be appointed as long as the number of persons at that workplace is less than six.
Is there a deadline for completing the training?
The legislation regarding training for Worker Health and Safety Representatives and Occupational Health and Safety Committee members came into effect on January 1, 2002.
The legislation regarding training for Workplace Health and Safety Designates came into effect on December 17, 2004. Employers should make every effort to have the training completed immediately. As employers may have continuing requirements for training (i.e. as Workplace Health and Safety Designates, Worker Health and Safety Representatives or Occupational Health and Safety Committee members change) the training will continue to be provided on an ongoing basis.
What happens if my company has not completed the training when an Occupational Health and Safety Officer conducts an inspection at my workplace?
It is important that employers review their legislative requirements so that they are aware of their obligations. They should then take the necessary measures to register their Workplace Health and Safety Designate, Worker Health and Safety Representative or Occupational Health and Safety Committee members for the training by contacting one of the Commission's approved training providers. The Workplace Health, Safety and Compensation Commission maintains a registry of employers who have completed the training and the Occupational Health and Safety Division of the Department of Government Services actively monitors employers to ensure that they are in compliance with the legislation. If an Occupational Health and Safety Officer visits your workplace to conduct an inspection and you cannot demonstrate that your Workpalce Health and Safety Designate, Worker Health and Safety Representative or Occupational Health and Safety Committee members (whichever is appropriate) have participated in the training, the Officer will issue an order. This order will require that the employer ensures the training be completed within a specified period of time.
If an employer is not in compliance, what could be the consequences?
The Occupational Health and Safety Act states that a person who contravenes the Act or the Regulations or who fails to comply with an Officer's order is guilty of an offence. Upon conviction in Provincial Court, a person is liable to a fine of not less than $500 and not more than $250,000 per offence. A Corporation is liable to a fine of not less than $2000 and not more than $250,000 per count. As well, the court may impose an additional fine not exceeding $25,000 for each day during which the offence continues.
Upon conviction, in addition to the fines referenced above, the court may order alternative sentencing such as community service.
I'm still not sure how the requirements apply to my workplace. Who should I contact?
You should call or write the Workplace Health Safety and Compensation Commission or the Occupational Health and Safety Division of the Department of Government Services. If you are writing, please be sure to include as much information as possible about your workplace situation. The contact information for the Commission and the Department is listed below:
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WORKPLACE HEALTH, SAFETY AND COMPENSATION COMMISSION
146-148 FOREST ROAD
ST. JOHN'S NL  A1A 3B8
CANADA
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Telephone: (709) 778-1552
Toll Free: (800) 563-9000
Occupational Health and Safety Branch Locations