|Topic: JHSC Minutes – Format and Content||Issued by: Director, Compliance and Regulatory Review|
|Statute: Occupational Health and Safety Act||Date Issued: September 1, 2016|
|Section: 14(8)||Date Revised:|
Who approves the form on which a joint health and safety committee (JHSC) maintains its minutes?
A directive issued by WorkSafeNB’s president and chief executive officer in 2004 subdelegated the authority to approve the JHSC minutes form to WorkSafeNB’s chief compliance officer (CCO), or a delegate appointed by the CCO.
What elements are required for WorkSafeNB to consider a form to be acceptable?
WorkSafeNB would consider the JHSC minutes form to be acceptable when it contains, at a minimum, the following:
Body of Minutes:
Occupational Health and Safety Act
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;
“Commission” means the Workplace Health, Safety and Compensation Commission* established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act; (known as WorkSafeNB)
“committee” means a joint health and safety committee established in accordance with this Act;
5(1) The Lieutenant-Governor in Council may appoint occupational health and safety officers for the purpose of carrying out the provisions of this Act and the regulations and designate one of the officers as the Chief Compliance Officer.
5.1 The Chief Compliance Officer may delegate any or all of his powers, duties, authority or discretion to another occupational health and safety officer, in such manner and subject to such terms and conditions as the Chief Compliance Officer considers appropriate.
14(8) A committee shall take and maintain minutes of its meeting on a form approved by the Commission*.
Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act
16(1) The Commission* or the President and Chief Executive Officer of the Commission* may delegate any of their powers, duties, authority or discretion under this Act, the Workers’ Compensation Act or the Occupational Health and Safety Act, to one or more persons in such a manner and subject to such terms and conditions as the Commission, the President and Chief Executive Officer, as the case may be, considers appropriate.
16(2) A person may sub-delegate any powers, authority, duty or discretion which has been delegated to the person under subsection (1), if permitted to do so by the terms and conditions of the delegation.
16(3) A decision, order or ruling of a person to whom the Commission* has made a delegation under subsection (1) or of a person to whom a sub-delegation has been made under subsection (2) shall be deemed to be a decision, order or ruling of the Commission.