The Joint Health and Safety Committee is one of the pillars of Ontario's Internal Responsibility System. It brings workers and management together to identify hazards, make recommendations, and drive continuous improvement in workplace health and safety. This guide covers the legal requirements for establishing and operating a JHSC, the certification process for committee members, and HCMI's specific practices.
In This Guide
- Legal Basis & When a JHSC Is Required
- Committee Structure & Composition
- Roles: Worker Co-Chair & Management Co-Chair
- Part 1 & Part 2 Certification Training
- Meeting Requirements & Procedures
- Monthly Workplace Inspections
- Recommendations & Employer Response
- Additional JHSC Powers & Rights
- HCMI-Specific JHSC Practices
- JHSC Member Checklist
1. Legal Basis & When a JHSC Is Required
The JHSC is established under OHSA section 9. The requirements for when a JHSC must be established are:
- 20 or more workers regularly employed: A JHSC is required at every workplace where 20 or more workers are regularly employed (OHSA s.9(2))
- Construction projects: On construction projects where 20 or more workers are regularly employed, a JHSC is required. On projects where 5 to 19 workers are regularly employed, a health and safety representative must be selected by the workers (OHSA s.8)
- Designated substances: A JHSC is required at any workplace where a designated substance regulation applies, regardless of the number of workers (OHSA s.9(2)(b))
- Minister's order: The Minister of Labour may order the establishment of a JHSC at any workplace (OHSA s.9(3))
As a constructor operating projects across Ontario, HCMI maintains a JHSC for company operations and ensures that project-level health and safety representation is in place on every site.
Regulatory Note: The requirement for a JHSC on a construction project is based on the total number of workers regularly employed on the project — not just the constructor's workers. This includes all subcontractor workers. A project with 6 HCMI workers and 15 subcontractor workers (21 total) requires a JHSC.
2. Committee Structure & Composition
The OHSA sets specific requirements for how a JHSC must be structured:
- Minimum size: At least two members for workplaces with fewer than 50 workers; at least four members for workplaces with 50 or more workers (OHSA s.9(6))
- Worker representation: At least half of the committee members must be workers who do not exercise managerial functions (OHSA s.9(7))
- Worker member selection: Worker members must be selected by the workers they represent, or by the trade union if workers are represented by a union (OHSA s.9(8))
- Management members: Management members are selected by the employer
- Familiarity: Members should be familiar with the work performed at the workplace and committed to active participation
The committee must be representative of the workplace. On a construction project, this means including representatives from different trades and work activities where possible.
3. Roles: Worker Co-Chair & Management Co-Chair
The JHSC operates under a co-chair model, which reinforces the principle of shared responsibility:
Worker Co-Chair
- Selected by the worker members of the committee
- Must be a certified member (see Part 1 and Part 2 training below)
- Co-chairs meetings alternating with the management co-chair
- Represents the interests of workers on health and safety matters
- Signs off on meeting minutes and inspection reports
- Is entitled to one hour or such longer time as the committee determines to prepare for each committee meeting (OHSA s.9(34))
Management Co-Chair
- Selected by the employer (management members of the committee)
- Must be a certified member
- Has authority to act on behalf of the employer on health and safety matters
- Co-chairs meetings alternating with the worker co-chair
- Ensures employer response obligations are met for committee recommendations
- Acts as the liaison between the committee and senior management
Important: The co-chair model means that neither management nor workers control the committee. Decisions should be reached by consensus whenever possible. The JHSC is a collaborative body, not an adversarial one. Its effectiveness depends on mutual respect and a shared commitment to worker safety.
4. Part 1 & Part 2 Certification Training
Under OHSA section 9(12), at least one worker member and one management member of the JHSC must be certified. Certification consists of two parts:
Part 1: Basic Certification
Part 1 training is a standardized program that covers the foundational knowledge required for all JHSC certified members. It must be delivered by a Chief Prevention Officer (CPO)-approved training provider. Topics include:
- The legal framework: OHSA, regulations, and the Internal Responsibility System
- Roles and responsibilities of JHSC members, employers, supervisors, and workers
- Hazard recognition, assessment, and control
- The hierarchy of controls (elimination, substitution, engineering, administrative, PPE)
- Workplace inspections — planning, conducting, and reporting
- Incident investigation and root cause analysis
- Making effective written recommendations
- Work refusal process
- JHSC meeting procedures
Part 1 is typically a three-day program. All JHSC certified members must complete Part 1.
Part 2: Workplace-Specific Hazard Training
Part 2 training is tailored to the specific hazards present in the workplace or sector. For construction, Part 2 topics typically include:
- Construction-specific regulations (O. Reg. 213/91)
- Fall protection and working at heights
- Confined space entry
- Trenching and excavation safety
- Scaffolding and temporary structures
- Electrical safety on construction sites
- Crane and hoisting operations
- WHMIS and hazardous materials in construction
- Noise and vibration exposure
- Musculoskeletal hazards in construction
Part 2 is typically a two-day program. It must be completed within six months of completing Part 1. Once both parts are complete, the member is certified.
Regulatory Note: OHSA s.9(12) requires that certified members complete their certification training within six months of being selected as a JHSC member. If an employer has a JHSC but no certified members, the MLITSD may issue an order requiring certification. HCMI covers the full cost of certification training for all designated JHSC members.
5. Meeting Requirements & Procedures
The JHSC must meet regularly. Under OHSA section 9(33), the committee must meet at least once every three months at the workplace. However, for construction, best practice — and HCMI policy — is monthly meetings. Meeting requirements include:
- Frequency: At least quarterly (OHSA minimum); monthly (HCMI standard)
- Location: At the workplace (on the project site or at HCMI offices)
- During paid time: Committee members are entitled to attend meetings during working hours and must be paid at their regular or premium rate (OHSA s.9(34))
- Minutes: Written minutes must be kept for every meeting, signed by the co-chairs, and made available to all workers (typically posted in the site trailer)
- Agenda: Should include review of previous minutes and action items, review of inspection reports, review of incident/injury reports, new hazards or concerns, worker submissions, training updates, and outstanding recommendations
Effective Meeting Practices
- Distribute the agenda at least 48 hours before the meeting
- Rotate the chairing of meetings between the worker and management co-chairs
- Keep minutes concise but complete — document decisions, action items, responsible parties, and deadlines
- Ensure all action items from previous meetings are followed up
- Invite guest speakers or subject matter experts when specific topics require deeper expertise
6. Monthly Workplace Inspections
Under OHSA section 9(26), the JHSC must designate a worker member to inspect the workplace at least once a month. On construction projects with changing conditions, regular inspections are essential. Inspection requirements include:
- Frequency: At least monthly. On HCMI projects, a formal JHSC inspection is conducted monthly, supplemented by weekly supervisor inspections.
- Inspector: Must be a worker member of the JHSC — not a management representative. The intent is that inspections are conducted from a worker's perspective.
- Scope: The entire workplace must be inspected at least once per year. On construction projects, the inspection covers all active work areas, storage areas, site access and egress, temporary structures, and housekeeping.
- Documentation: A written inspection report must be prepared and submitted to the full committee and the employer.
- Paid time: The worker member conducting the inspection is entitled to do so during paid working hours (OHSA s.9(34)).
What to Inspect
A thorough construction site inspection should cover:
- Housekeeping and site organization
- Personal protective equipment use and condition
- Fall protection systems — guardrails, anchor points, equipment condition
- Scaffolding and ladder condition and setup
- Electrical installations and temporary power
- Excavation and trench protection
- Fire protection and extinguisher locations
- First aid station supplies and accessibility
- Hazardous material storage and labelling (WHMIS compliance)
- Vehicle and equipment operation and traffic control
- Emergency exit routes and muster points
- Signage and barricading
7. Recommendations & Employer Response
One of the most important functions of the JHSC is the power to make written recommendations to the employer. Under OHSA section 9(18), the employer has a legal obligation to respond:
- The JHSC identifies a hazard or concern and formulates a written recommendation
- The recommendation is submitted to the employer in writing
- The employer must respond in writing within 21 days of receiving the recommendation
- If the employer agrees with the recommendation, the response must include a timetable for implementation
- If the employer disagrees, the response must include reasons for the disagreement
The employer cannot simply ignore a JHSC recommendation. Failure to respond within 21 days, or failure to provide reasons for disagreement, is a contravention of the OHSA.
Writing Effective Recommendations
Recommendations are more likely to be accepted and implemented when they are:
- Specific: Clearly describe the hazard, the risk, and the recommended corrective action
- Evidence-based: Reference inspection findings, incident reports, regulatory requirements, or industry standards
- Feasible: The recommended action should be practical and proportionate to the risk
- Prioritized: Use the hierarchy of controls to guide the recommendation — favour elimination and engineering controls over administrative controls and PPE
Regulatory Note: If the JHSC and the employer cannot resolve a health and safety dispute, either party may request the MLITSD to intervene. An inspector can be called to investigate the issue and may issue orders to the employer. The JHSC's ability to escalate to the Ministry gives its recommendations real weight.
8. Additional JHSC Powers & Rights
Beyond inspections, meetings, and recommendations, the JHSC has several additional powers under the OHSA:
- Access to information: The employer must provide the committee with the results of any workplace health and safety reports, studies, or tests (OHSA s.9(18)(c)). This includes air quality monitoring, noise surveys, and similar assessments.
- Work refusal investigations: A worker member of the JHSC must be present during the investigation of a work refusal under OHSA s.43.
- Critical injury/death investigations: A certified worker member of the JHSC is entitled to investigate any critical injury or death at the workplace and to inspect the place where the incident occurred (OHSA s.9(31)).
- MLITSD inspector accompaniment: A worker member of the JHSC has the right to accompany a Ministry of Labour inspector during a workplace inspection (OHSA s.9(30)).
- Bilateral work stoppage: Both certified members (worker and management) acting together have the right to stop work that they agree is dangerous to a worker (OHSA s.9(34.1)). This is a significant power — it allows the committee to shut down an operation without waiting for an MLITSD inspector.
9. HCMI-Specific JHSC Practices
HCMI is committed to an effective JHSC that goes beyond minimum compliance:
- Monthly meetings: The HCMI JHSC meets monthly (exceeding the quarterly minimum), with additional meetings called as needed for significant incidents or changes.
- Certification for all members: HCMI encourages all JHSC members to complete Part 1 and Part 2 certification, not just the minimum required one worker and one management member. HCMI covers the cost of all certification training.
- Project-level representation: On each HCMI project site with 20+ workers, a project-level JHSC or health and safety representative is established. For smaller projects, a health and safety representative is selected by the workers.
- Open invitation: Any HCMI worker may attend JHSC meetings as an observer or to raise concerns. Workers do not need to be committee members to bring forward health and safety issues.
- Recommendation tracking: All JHSC recommendations and employer responses are tracked in a recommendation log, which is reviewed at every meeting to ensure accountability and timely implementation.
- Annual review: The JHSC conducts an annual review of the HCMI Health and Safety Policy and Program, providing recommendations for updates and improvements.
- Training budget: HCMI allocates a dedicated annual training budget for JHSC members to attend conferences, workshops, and continuing education related to construction health and safety.
10. JHSC Member Checklist
As a JHSC member at HCMI, confirm the following:
- I understand my role and responsibilities as a JHSC member under OHSA section 9
- I have completed (or am enrolled in) Part 1 certification training
- I have completed (or am enrolled in) Part 2 workplace-specific hazard training
- I know who the worker co-chair and management co-chair are
- I attend all scheduled JHSC meetings and participate actively
- I participate in monthly workplace inspections on a rotating basis
- I understand how to write and submit written recommendations to the employer
- I understand the employer's obligation to respond within 21 days
- I know my rights regarding work refusal investigations and MLITSD inspector accompaniment
- I review and sign JHSC meeting minutes
- I communicate health and safety information to the workers I represent
- I encourage workers to bring forward health and safety concerns
HCMI Policy: JHSC members serve a minimum one-year term. Certified members are expected to mentor new committee members and promote health and safety awareness throughout the organization. If you are interested in serving on the HCMI JHSC, speak with your supervisor or contact office@churchbuilder.ca.
