Members of the CUPW Vancouver Local:
As Canada Post has chosen to revoke our rights under the Collective Agreement, cancel all paid injury on duty and sick leave, as well as our extended health benefits (late last week they did create a temporary plan with Great-West Life but it still leaves CUPW members on the hook for the first $100 of each prescription and 20% of the remainder), now, more than ever, it is critical that we understand our rights and what Canada Post’s legal responsibilities are to ensure our health and safety.
The Canada Labour Code Part II requires that “every employer shall ensure that the health and safety at work of every person employed by the employer is protected.” It does not provide us with the same degree of protection that our Collective Agreement does, but it does give us rights and holds Canada Post responsible for ensuring our health and safety while we are at work.
In accordance with the Canada Labour Code Part II, Canada Post must:
-provide a safe, healthy and violence-free work place;
-investigate all accidents and other hazardous occurrences;
-respond as soon as possible to hazard reports made by employees;
-notify the work place committee or the health and safety representative of any hazardous occurrence and the name of the person appointed to investigate it;
-take necessary measures to prevent a recurrence of any hazardous occurrence;
-ensure that all corporate vehicles and mobile equipment meet prescribed standards;
-provide prescribed safety materials, equipment, devices and clothing;
-ensure that employees have safe entry to, exit from and occupancy of the work place;
-provide each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work;
-ensure that each employee is made aware of every known or foreseeable health or safety hazard in the area where the employee works;
-ensure that the machinery, equipment and tools used by employees meet prescribed health, safety and ergonomic standards and are safe under all conditions of their intended use;
-ensure that the activities of every person granted access to the work place do not endanger the health and safety of employees.
The Right to Refuse under the Canada Labour Code Part II
Section 128 gives all employees the right to refuse to operate machinery, work in an environment or perform an activity if the employee has reasonable cause to believe that doing so would cause danger to the employee or another employee; or if the employee believes a condition exists in their work environment that could be a danger to the employee; or if performing the activity could constitute a danger to the employee or to another employee.
Work Place or Local Joint Health and Safety Committee
Under the Canada Labour Code Part II, Canada Post is still required to respect the role and duties of the Work Place or Local Joint Health and Safety Committee and its CUPW representatives. The following is still mandatory and required of each committee:
-participation in all inquiries, investigations and inspections pertaining to the health and safety of employees;
-ensuring that adequate records are maintained on work accidents, injuries and health hazards relating to the health and safety of employees;
-inspecting each month all or part of the work place;
-meeting during regular working hours at least nine times a year at regular intervals;
-ensuring that accurate records are kept of all matters that come before the Committee, and that minutes are kept of its meetings;
-members of a committee are entitled to take the time required, during their regular working hours to attend meetings or to perform any of their other functions.
If you are aware that any of the requirements of the Canada Labour Code Part II are not being followed in your work place, please inform a union representative immediately.
Bill C-45
It is always imperative that we report hazards to management, and this should be done in the presence of a union representative. Bill C-45 is a very important piece of legislation for Canadian workers that establishes legal duties for work place health and safety. Under Bill C-45, organizations, including corporations, their representatives, and those who direct the work of others, from front-line supervisors to senior executives, can be found criminally negligent for violations that result in injuries or death. Section 217.1 of the Canadian Criminal Code states:
“Every one who undertakes, or has the authority, to
direct how another person does work or performs a
task is under a legal duty to take reasonable steps
to prevent bodily harm to that person, or any other
person, arising from that work or task”.
This is an extremely challenging time for all postal workers, and the additional stress that we are under right now makes us more vulnerable to illness and injury. Please take care, respect your body and your limitations, look out for one another and know your rights!
For more information and a complete version of the Canada Labour Code Part II:
http://www.hrsdc.gc.ca/eng/labour/health_safety/overview.shtml
For more information on Bill C-45:
http://www.ccohs.ca/oshanswers/legisl/billc45.html
To speak to a Labour Canada Health and Safety Officer: 1-800-641-4049
Stay Strong and Proud.
Wendy Lund
Health and Safety Director
CUPW Vancouver
[email protected]