Mr. Lachemi,
RE: Health and Safety of Campus Community Members
CUPE Local 233 is writing to affirm TMU is currently engaged in activities that pose health and safety risks on campus. Specifically, management is seeking volunteers or directing untrained staff/faculty to clean and maintain buildings using hazardous products and equipment during CUPE’s legal job action without proper guidelines, equipment, and gear. The actions taken by TMU amount to violations of law and place the campus community at high risk.
Beginning on April 17, CUPE has observed and received first-hand accounts of students and staff/faculty using hazardous cleaning chemicals and equipment used by CUPE bargaining unit members. Neither students nor staff/faculty have received training on the safe use of these chemicals and equipment as required by the Occupational Health and Safety Act (OHSA) and the WHMIS regulation. Further, there is no supervision to ensure that the chemicals and equipment are used in a manner that protects the students and staff or anyone on campus who may be endangered by their misuse.
The OHSA requires a director and every officer of a corporation to take all reasonable care to ensure that the corporation complies with the OHSA and its Regulations.
In particular, the legislation requires an employer to comply with the following:
- Ensuring proper training, education and supervision to protect the health and safety of a worker; 25 (2) (a) OHSA
- Ensuring workers and those who supervise workers must be acquainted with the hazards in the work and the handling, storage, use, and disposal of chemical agents; s. 25 (2) (d) OHSA
- Ensure a worker exposed or likely to be exposed to a hazardous material participates in prescribed (WHMIS) instruction and training; 42 (1) OHSA
- Ensure that a worker who works with or who may be exposed to a hazardous product is informed about all hazard information the employer receives from the supplier concerning the hazardous product and all further hazard information of which the employer is or ought to be aware concerning its use, storage and handling; 6 (1) Reg. 866 (WHMIS)
- Ensure every worker who works with or who may be exposed to a hazardous product in the course of their work is instructed in:
- the contents required on labels and the purpose and significance of the information contained on the labels;
- the contents required on a safety data sheet and the purpose and significance of the information contained on a safety data sheet;
- procedures for the safe use, storage, handling and disposal of a hazardous product;
- procedures for the safe use, storage, handling and disposal of a hazardous product when it is contained or transferred in a pipe, a piping system including valves, a process vessel, or a reaction vessel;
- procedures to be followed when fugitive emissions are present; and
- procedures to be followed in case of an emergency involving a hazardous product; 7 (1) Reg. 866 (WHMIS)
- Ensure hazardous material must not be used, handled or stored at a workplace unless the prescribed requirements concerning worker instruction and training are met; 37 (3) OHSA
- Make available safety data sheets to those who work with hazardous materials and those who may be exposed to hazardous materials; 38 (1) (a) OHSA
NOTE: Worker instruction must be relevant to existing safety training prevention programs and results in the workers being able to use the information to protect their health and safety; s. 7 (2) (3) Reg. 866 (WHMIS).
To our observation and understanding, none of the training required above has been carried out in compliance with existing legislation. Not only is TMU endangering health, safety and life, but they are also exposing themselves to liability.
A violation of the OHSA carries a potential fine of up to $500,000 or up to twelve months imprisonment for a person upon conviction. A corporation could face up to $1,500,000 upon conviction for a violation under the OHSA. A director of a corporation who does not take reasonable care to ensure the OHSA and Regulations are followed could face up to $1,500,000 or up to twelve months imprisonment upon conviction.
Further, we would like to address the potential liability under the Criminal Code of Canada due to unsafe working conditions. Specifically, we would like to draw your attention to section 217.1, which reads:
“217.1 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.”
The above-noted requirement can apply to both an individual and/or a corporation.
All persons have the right to a healthy and safe working environment. Should management continue endangering health and safety and showing a reckless disregard for the law, we reserve the right to pursue further action, including but not limited to filing complaints with the Ministry of Labour, Immigration, Training and Skills Development and the Ontario Labour Relations Board.
Regards,
Jason Vigilante, Vice-President, CUPE 233 on behalf of the CUPE Local 233 Executive
CC: Seema Bhat, Executive Assistant, Offices of the President and Chancellor (via email)