Revised September, 1996

INTRODUCTION

As part of our effort to promote safe and healthy workplaces for New Jersey public employees and employers, the New Jersey Department of Health and Senior Services, Public Employees Occupational Safety and Health (PEOSH) Program, is encouraging the establishment of joint labor/management health and safety committees.

The purpose of this bulletin is to provide guidelines for the structural and operational methods for effective joint committees. In cases where the structure and function of health and safety committees has already been prescribed by collective bargaining agreements, these recommendations may be used to supplement the areas not addressed in those agreements.

The information presented here is based on: Working Well: New York State Employees' Health and Safety in the 1980's. Permission to use this publication was granted by the New York State Governoes Office of Employee Relations and the New York State Public Employees Federation, AFL-CIO.

This information has been modified to reflect New Jersey Public Employees Occupational Safety and Health Act (PEOSHA) requirements where applicable.

Consider these points when setting up a committee, whether at the agency or local level:

• The most effective labor/management committees have equal numbers of employee and management representatives, with members appointed by the respective parties.
• Ideally, the members chosen should have the broadest contact with the areas and operations of known high risk and/or with large numbers of workers.
• The number of committee members should be enough to represent all relevant areas of a facility (or agency, if at that level), but not so large that a productive working atmosphere can not be assured.
• Interested members and balanced representation are crucial to a successful committee. All committee members need not be experts in health and safety; interest and concern about this issue are far more important. An understanding of technical and scientific information can be acquired in the course of the committee work.
• Where more than one bargaining unit is represented, it may be appropriate to include representatives from each one for the committee. Separate labor/management committees for each bargaining unit can be counterproductive, since they may duplicate work.
• Committee administrative positions, such as chairperson and recording secretary, are best rotated between labor and management.
• It takes time to develop successful working relationships and to build a foundation of knowledge in health and safety. It is recommended that a balance of experienced and new members be maintained. This can be accomplished by appointing committee members to serve for specified periods, staggering the beginning and ending dates. Ensure that all members have the opportunity to serve on the committee for an equal amount of time.
• Committee members must be allotted time for committee work. Some committee members may have other obligations which prohibit their attendance at scheduled meetings or prevent them from completing designated committee assignments. It may be appropriate to consider giving these members "observer status".
• The committee might include the following personnel in an "ex-officio" status as in-house advisors:
• building manager
• health services nurse
• plant superintendent
• fiscal planner
• facility engineer
• research scientist
• biostatistician
• epidemiologist
• training officer

JOINT HEALTH AND SAFETY COMMITTEE FUNCTIONS

Below is a description of the types of duties that health and safety committees can perform. There is ample room for initiative and creativity. Committees should not feel limited by the activities listed here, but rather use them as guides.

For organizations which have a number of facilities at various locations, it maybe useful to establish committees at both the local and agency levels.

Local health and safety committees are committees formed for a single facility, for a small number of facilities located in close proximity, or for a small department.

Agency-level health and safety committees are committees formed at the level of a large State department, municipality, county, school district, large utility or other government agency which has jurisdiction over a number of facilities.

LOCAL HEALTH AND SAFETY COMMITTEE ACTIVITIES

Local committees are the cornerstone of a good health and safety program. These committees should keep day-to-day watch on worksite conditions, identifying and resolving problems before they become serious. They provide invaluable assistance to the agency, committees and the state-wide committees in problem identification and program implementation. To be effective, however, they need support, since their activities can be numerous. Routine activities essential for effective monitoring of workplace conditions include:

Workplace Inspections - Inspections should be performed monthly in most facilities; more often at worksites where conditions are constantly changing. In instances where the committee has responsibility for several locations, subcommittees may be established for each location. A hazards checklist is a useful tool to use on inspections. Employee interviews are also important to supplement visual inspections. During all inspections, specific requirements of the New Jersey Public Employees Occupational Safety and Health Act and the New Jersey Worker and Community Right to Know Act (RTK) should be evaluated.

Accident Investigation - Designated employee and management representatives should be notified immediately when a fatality, serious accident, or serious violation of health and safely standards occurs. An investigation should begin promptly. All accident investigation reports should be sent to the agency level committee. Procedures should be established to record "near misses" and less serious problems.

Records Review - The committee should regularly review monthly records of work-related injuries and illnesses (e.g., the NJOSH 200 log, a record of injuries and illnesses which must be maintained). These records should be reviewed for accuracy and used to determine injury and illness rates. Year by year comparisons of these rates are an important indicator of committee progress.

Chemicals and Equipment Audit - The committee should review all chemicals, such as solvents and cleaning agents, in the facility. Manufactures information such as Material Safety Data Sheets (MSDS) and RTK Hazardous Substance Fact Sheets should be collected for each product and examined for toxicity and special handling precautions. In addition, equipment in use should be evaluated for employee safety and comfort, including appropriate machine guards and ergonomic factors. This process requires coordination with the purchasing department as well as with the agency-wide committee.

Respiratory and Protective Equipment Audit - The committee should review respiratory and protective equipment needs at specific workplaces and make recommendations for obtaining additional protective equipment and education of employees using the equipment.

Medical Surveillance - The committee should review the areas where medical surveillance programs are required by law or recommended by the medical community for particular exposures. Care must be taken in implementing these programs in order to guarantee the confidentiality of individual results.

Pre-Occupancy Review of Leased Space - The committee should seek review of all building and office space prior leases being signed to assure that a health and safety inspection has been made and that any hazards will be corrected before occupancy. For state leased facilities, lease language relating to building health and safety should be reviewed by the Department of Treasury, Bureau of Lease Compliance (and the equivalent department on the local level).

KEEPING UP-TO-DATE

Although committee members are not expected to become safety professionals or industrial hygienists, they are encouraged to participate in continuing education programs and health and safety organizations. Both management and employee committee members should enroll in training sessions addressing hazard recognition and prevention. Committee members are thus not only given an opportunity to gain up-to-date information, but also to exchange ideas with others faced with similar problems. Local chapters of national groups such as the Educational Resource Center, National Institute for Occupational Safety and Health (NIOSH), the American Public Health Association, the New Jersey Safety Council and the American Industrial Hygiene Association sponsor conferences and seminars on various health and safety topics.

Agency-level committees should have broad oversight responsibilities for health and safety programming within an agency. They should evaluate conditions and implement a range of programs. To perform these functions, agency committees must:

• routinely have access to information (such as accident frequency data) from the local facility level
• conduct periodic facility tours to find out about workplace problems
• be familiar with legal requirements set forth in laws such as the Public Employees Occupational Safety and Health Act and the New Jersey Worker and Community Right to Know Act.

Besides agency-wide program oversight, evaluation and implementation, the agency-level committee can often assist local committees in resolving problems. Agency-wide committees can provide valuable assistance in program development, particularly in matters affecting more than one workplace.

Agenda items which might be addressed by the agency-wide committee include:

Development of a Toxic Substance Evaluation and Control Program - review the toxic substances used by the agency and determine safe work practices.

Right to Know Education and Training - ensure that appropriate employees receive RTK education and training within the first month of employment, and that they receive update training every two years thereafter,

Evaluation of Purchasing Practices - ensure that the agency considers the safety of chemicals and equipment in the purchasing process. Ensure that Material Safety Data Sheets are obtained for all purchased chemicals and that all product container labels comply with the New Jersey Worker and Community Right to Know Act.

Information on chemicals and equipment should be maintained and made available to the committee. The committee should be informed before new chemicals and equipment are purchased.

Development of Medical Monitoring Program - identify exposure areas and recommend monitoring protocol. To do this, the agency committee must identify medical providers experienced in dealing with occupational health and safety problems in order to provide quality care for employees.

Respiratory Protection Programs - develop uniform policy and procedures for use of respirators according to type of respiratory hazards at each worksite. A local hazards inventory may be conducted by the committee.

COMMITTEES AT WORK: RUNNING A MEETING

To be effective, health and safety committees must be well organized; and members should come to meetings prepared, with the tasks agreed upon at the previous meeting completed.

Here are some tips to guide committees as they prepare to discuss health and safety problems.

To know when an issue is ready, appropriate, and timely for the agenda: 1) gather all relevant facts, and 2) think through one or two possible resolutions or courses of action to recommend at the meeting. The committee may wish to designate someone at the end of the previous meeting to be responsible for preparing an agenda, or the task might alternate between labor and management.

Step 2: FORMAT

At the outset of the meeting, if not beforehand, agenda items should be ordered by importance. If labor and management cannot agree upon the order, a few items can be discussed alternately from each agenda. It is also important to allocate time appropriate to the significance of the item discussed. Committees should avoid excessive discussion of any single item. If a problem cannot be resolved, it can be tabled, with labor and management agreeing to further investigate it. Subsequent meetings should be sure to cover tabled items.

Step 3: TAKING MINUTES

A person should be designed to keep minutes of the meeting. It need not be the same person each time. One does not need to be a stenographer to do this. All that is needed is a record of the major points and final decision or action on each matter discussed.

The task of the minute taker can alternate between labor and management. After the meeting has been concluded, minutes should be typed. The representatives for labor and management should review and sign the minutes.

Step 4: INFORMING EMPLOYEES ABOUT COMMITTEE PROGRESS

It is very nice to resolve problems at a joint committee meeting. However, if only the people who attend the meeting know about it, the meeting's value is severely reduced. Therefore, it is important to communicate the results to employees at the workplace. This can be done with a minimum of effort. One committee member can write up a brief summary of the meeting, outlining the issues discussed and their resolutions, as well as items deferred for future discussions. This report should be signed by representatives from labor and management and posted.

TIPS ON SUCCESSFUL COMMITTEE FUNCTIONING

• Committees should meet on a regular, monthly basis
• Additional meetings can be called as required
• The entire year's meeting calendar can be set in advance, for purposes of convenience and continuity.
• Meeting time should be adequate to address all agenda items
• Although a non-adversarial atmosphere is ideal, an orderly method for resolving differences between employees and management should be developed, separate from the traditional grievance process.

The Federal Mediation and Conciliation Service has suggested these principles as guides for labor/ management committees:

• Do keep the discussion centered on the issue involved
• Do keep personalities from becoming involved
• Do hold all meetings as scheduled. Cancel meetings only in an emergency
• Do be prompt in attending meetings
• Do submit the agenda in advance to allow sufficient time to investigate problems
• Do submit the agenda; identify all items to be discussed
• Do maintain an agreed-to procedure on recording and drafting the minutes, as well as methods of distribution
• Do maintain accurate minutes on subjects discussed at the previous meetings that have been "completed" or "resolved" as well as those items still "open"
• Do be sure the committee concept is explained to and understood by employees and supervisor's

• Don't start the first meeting with extremely difficult issues. Get accustomed to this problem-solving technique by tackling rather minor problems first
• Don't allow the meetings to become gripe sessions
• Don't deal in generalities. Be specific about the problem and its suggested correction
• Don't anticipate that you know the answer to a question before it has been discussed. Ask questions to get the facts
• Don't treat any issue on the agenda as unimportant. Each item deserves thorough investigation and discussion
• Don't delay in communicating solutions developed for serious problems, or the outcome of issues discussed
• Don't start scheduled meetings late, or drag them on beyond the allotted time. This has often brought failure
• Don't look for immediate results

The following is a health and safety program checklist developed by the British Association of Scientific Technical and Managerial Staffs. While the program is more detailed and comprehensive than many health and safety committees may need, it suggests many important questions which should be asked by committee members about worksite conditions and local health and safety programs. However any such questionnaire must, of course, be adapted to local needs and conditions.

I. The Policy Statement

1. Does it give a clear, unequivocal commitment to health and safety?
2. Is it authoritative? Is it signed and dated by a director?
3. Is the policy to be regularly reviewed? If so, by whom and how often?
4. Has it been agreed with the union representatives?
5. Are there effective arrangements to draw it to the attention of employees?

II. The Organization for Health and Safety

1. Is the delegation of duties logical and successive throughout the organization?
2. Is final responsibility placed on the relevant director?
3. Are the responsibilities of senior managers written into the policy or specified in job descriptions?
4. Is the performance of managers an ingredient of their annual review?
5. Are the qualifications of managers where relevant to health and safety considered when making appointments?
6. Do managers understand the nature of their health and safety duties? Have they accepted them?
7. Are key functional managers identified? That is,
   1. Safety Officer
   2. Health Officer (or Health and Safety Officer)
   3. Radiation Safety Officer
   4. Engineering Manager
   5. Training and Education officer
      Are their duties clearly understood?

8. Do managers understand the extent of their discretion to vary from systems and procedures?
9. Do they understand the consequences of failure to implement the policy in their area of responsibility?
10. Are there adequate arrangements for liaison with contractors, managers and others who come onto the site?
11. Are there adequate arrangements for consultation with the workforce?

III. Health and Safety Activities

1. Is there a system for the identification of training needs?
2. Is the responsibility for training properly allocated?
3. Does training cover all levels from senior manager to new entrant?
4. Are special risk situations analyzed for training requirements?
5. Are refresher courses arranged?

Safe systems of work

1. Are those tasks for which a system of work is required identified?
2. Are identified systems properly catalogued?
3. Are the systems monitored?
4. Are there systems to deal with temporary changes in the work?
5. Are there proper systems of work for maintenance staff?

Internal Communication

1. Is the role of health and safety representative agreed upon?
2. Is there a property constituted health and safety committee?
3. Is the level of management participation appropriate?
4. Is there a system for stimulating and maintaining interest in health and safety?
5. What arrangements are there to advise workers about the standard of the organization's performance in health and safety?
6. Are there adequate means of communication on health and safety matters?
7. Are there efficient arrangements to process action on communication from the enforcing authorities?

1. Who is nominated to coordinate fire prevention activities? Does this person have sufficient authority?
2. What arrangements are there for fire fighting?
3. Is there an adequate fire warning system? Is it regularly checked?
4. Are fire drills held and checked for effectiveness?
5. What arrangements are there to check compliance with fire codes?
6. Are means of escape regularly checked and properly maintained? Are they clearly marked?
7. Is there a proper system to account for staff and visitors in the event of an evauation of the buildings being required?
8. Are flammable and explosive materials stored and used in compliance with PEOSHA requirements?

Medical facilities and welfare

1. Are there adequate facilities for first aid treatment?
2. Are sufficient persons trained in first aid?
3. What arrangements are there for medical advice?
4. Are there adequate facilities to administer proper medical supervision, particularly where this is a statutory requirement?
5. What medical records are needed and are they properly kept?
6. Are the washing and sanitary facilities adequate?

Records

1. Are there adequate arrangements for the keeping of statutory records?
2. Are the records checked for accuracy?
3. Is sufficient use made of the information in the records to identify areas of strength and weakness? (e.g., accident and ill health experience or training needs?)
4. Is there sufficient access to records of performance by those with a legitimate interest?
5. Are copies of all the relevant statutory requirements and codes of practice available on site?

Emergency procedures

1. Are the areas of major hazard identified and assessed by qualified staff?
2. Are there procedures for dealing with the worst foreseeable contingency?
3. Have these procedures been promulgated and tested?
4. Are there adequate arrangements for liaison with other parties who may be affected or whose help may be required?
5. Are there arrangements to protect sensitive installations from malicious damage or hoax threats?
6. Do the above arrangements cover weekend/holiday periods?

Environmental control

1. Is the working environment made as comfortable as is reasonably practicable?
2. Is sufficient expertise available to identify the problems and reach solutions?
3. Is sufficient instrumentation available?
4. Are there arrangements to monitor the ventilation systems?
5. Are temperature/humidity levels controlled?
6. Is there adequate lighting provided? Are there satisfactory arrangements for replacement and maintenance?

Safe place of work

1. Are there arrangements to keep workplaces in a clean, orderly and safe condition?
2. Are walkways, gangways, paths and roadways clearly marked?
3. Are there arrangements for clearing hazards (e.g., substances likely to cause slipping) from the floors?
4. Is safe means of access provided to all working areas?
5. Are staircases, landings, and openings in the floor protected?
6. Is storage orderly, safe and provided with easy access?
7. Are flammable, toxic and corrosive substances used safely and without hazard to health?
8. Are permit-to-work systems operated and monitored?
9. Is the work site accessible to disabled individuals?

Machinery and support

1. Is new machinery checked for health and safety prior to being brought onto site?
2. Is there a system of inspection to identify and safeguard dangerous machinery?
3. Is there a system for checking plant and machinery after modification?
4. Is there a routine check on interlocking devices?
5. Is pressurized equipment subject to inspection and test?
6. Are monitoring systems and alarms tested at regular intervals?
7. Are lifting machines subject to regular inspection and test?

1. Are noise risks assessed and danger areas identified?
2. Is there a program of noise reduction/control?
3. Are appropriate types of personal protection provided and worn?
4. Are the requirements of PEOSH 29 CFR 1 91 0.95 "Occupational Noise Exposure" being met? Is there a risk from vibration?

Radiation

1. Is a competent person nominated to oversee the use of equipment and materials which may pose a radiation hazard?
2. Are records kept in accordance with statutory regulations?

Dust

1. Do the arrangements for the control of dust meet statutory requirements?

Toxic materials

1. Are there adequate arrangements in the purchasing, storage, safety, medical and production departments for the identification of toxic chemicals and specification of necessary precautions?
2. Are storage areas adequately protected?
3. Are emergency procedures for handling spillage/escape established, known and tested?
4. Is the New Jersey Worker and Community Right to Know Act being complied with?
1. Is the Right to Know Survey being completed every year?
2. Are all containers properly labeled?
3. Are employees receiving RTK education and training, with new employees receiving it within the first month?
4. Is the RTK poster posted?
5. Are Hazardous Substance Fact Sheets, the Right to Know Survey, and other materials kept in the central file?
5. Are there adequate arrangements for the issue, maintenance and use of respiratory protection where it is found to be necessary?

Monitoring at the workplace

1. Is it understood that monitoring will be carried out?
2. Are there sufficient staff with adequate equipment to carry out the monitoring?
3. Are the standards that need to be met known and understood?
4. Is there a system of remedying identified deficiencies within a given timescale?
5. Is the monitoring scheme sufficiently flexible to meet changes in conditions?
6. Are all serious accidents investigated?
7. In the event of an accident is the performance of individuals or groups measured against the extent of their compliance with the safety policy objectives?
8. Is monitoring carded out within the spirit as well as the letter of the written policy document?

REFERENCES

A Worker's Guide to Documenting Health and Safety Problems.Labor Occupational Health Program, University of California, Berkeley, CA (1978)

Fundamentals of Industrial Hygiene. Olishifski, J. and McElroy, F., eds. National Safety Council, Chicago, IL (1981)

Health and Safety Committees: A Good Way to Protect Workers. U.S. Dept. of Labor, OSHA, Washington, DC (1979)

Injury Fact Book. Baker, S., Lexington Books, Lexington, Mass. (1984)

Occupational Safety. Why Do Accidents Happen? Michaels, D. and Zoloth, S. Occupational Health Nursing, October 1982, pp. 12-6.

Protecting Worker's Lives, National Safety Council, Chicago IL (1983)

Safety and Health Standard for Public Employees. N.J.A.C. 12:100 - 17.3 (1996)

Safety Management. Grimaldi, J. and Simonds. I., Homewood, IL (1984)

What Employers Need to Know About OSHA Recordkeeping. U.S. Dept. of Labor, OSHA, Washington, DC (1978)

Worker and Community Right to Know Act. N.J.A.C. 8:59

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Last Updated: October 8, 1997