HomeMy WebLinkAbout1982-0388.Maitland.82-11-24IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE.GRIEVANCE SETTLEMENT BOARD
Between:
Before:
For the Grievor:
OPSEU (Wayne Maitland)
Grievor
-And-
The Crown in Right of Ontario
(Ministry of the Environment)
. . Employer
J. Brunner Vice Chairman
S. R. Hennessy Member
D.-P.-Olsen- ~Member~~.._.- ..__
C. G. Paliare
Counsel
Cameron, Brewin & Scott
Barristers & Solicitors
For the Employer:
Hearing: October 4, 1982
G. S. Feeley
Manager, Personnel Operations
Personnel Services Branch
Ministry of the Environment
i ,:i
DECISION
This is a grievance brought by Wayne Maitland, a Safety
Instruction Officer II employed by the Ministry of the Environment
(Administrative Services) dated May 28, 1982, in which he alleges
that he has been improperly classified and seeks reclassification
as a Safety Instruction Officer III.
At the opening of the hearing it was agreed that this
Board had jurisdiction to hear and determine the within grievance.
The class definition of the Safety Instruction Officer
II position is as follows:
"CLASS DEFINITION:
This class covsrs full-time safety promotion
work in a.Department with an extensive well-
developed program of aicident-prevention through
education and instruction. Thss,e programs-ate
designed to promote safety measures in work
habits and recreational actjvities. Employees
in this class may be in charge of one spec$ilized
activity of a program such as Hunter Training for
the province with responsibility for, securing
compliance. In these positions, duties include
the evaluation of equipment, the development and
distribution of safety material and the training
of departmental personnel and members of interested
groups. It may also cover technical supervision
of other safety instructors. In other positions,
such as those of the Accident Prevention Organizers
in the 'Department of Transport, the employee is
responsible for the implementation of the complete
safety program in an assigned district. They
publicize and promote interest in all aspects of
the program by distributing safety materials,
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addressing groups, arranging for any
demonstrating equipment, and inspecting areas
requiring special measures. These ,employees
are supervised by a senior officer at head
office or the senior official of the region."
The characteristic duties of that classification are
set bt in the same memorandum that contains the class definition.
These are:
"CHARACTERISTIC DUTIES:
1.
2.
.: 3.
i
4.
5.
6.
7.
a.
9.
10.
Train and supervise subordinate officers
in all phases of the program.
Contact line supervisors, educational groups,
municipal councils and other specialized groups
to publicize the program, promote interest
and secure compliance or co-operation; provide
information and material; address interested
groups.
Lecture departmental per.sonnel and others in
the fundamental principles and methods of
accident control, .first aid, resuscitator
and artificial respiration, fire prevention,
drivereducationand traffic safety. ...
Demonstrate the proper- use of equipment and~-~--- ~~
provide instruction to specialized groups such
as gun clubs and sports groups.
Investigate accidents and prepare analytical
reports.
Compile statistics on accidents; recommend
changes in work methods or legislation and
may revise training manuals.
Inspect departmental establishments and
equipment for conformance to safety standards;
issue safety instructions.
Pr~epare or assist in the preparation of bulletins,
circulars, training manuals and demonstration
sets.
Arrange special competitions.
Attend conferences and refresher courses.M
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On br about November 27, 1980, the Ministry of the
Environment issued a position specification for the Safety
Instruction Officer II classification whereby it redefined the duties
and responsibilities as well as the requisite skill and knowledge
for the position.
“PURPOSE OF POSITION.
To provide for the continuing occupational
health and safety education ant accident
prevention programs within the regional
boundaries. To inspect, assess and identify
safety hazards of equipment, plant operations,
buildings, etc... and recommend corrective
measures.
SUMMARY OF DUTIES AND RESPONSIBILITIES
1.
(a)
(b)
(cl
Cd)
(a)
Develop and.maintain an educational and
training program for Regional personnel
by:
arranging, fonducting and instructing in
occupational health safety and accident
prevention in compliance with all pertinent
Safety Acts and Regulations, and other
related areas-assthey-pertain to Mini.stry
Projects, Lab Operations and Field Duties;
prepare or assist in the preparation of
bulletins, information circulars and
training manuals;
review and evaluate safety publications and
texts for use in the Region;
consulting with agencies such as St. John’s
Ambulance, Red Cross, local colleges to
arrange Regional First Aid Courses and
other pertinent courses for Regional personnel;
providing guidance and directio,n to the
Region on administration of medical
surveillance programs including monitoring
health tests and maintenance of employee
health records as required by health and
safety legislation.
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2.
(a)
(b)
Cc)
Cd)
(a)
(f)
3.
‘(a)
(b)
(cl
Cd)
(e)
(f)
Administers the safety program by:
developing a scheduled program and performing
inspections of regional installations and
offices nnd submitting regular reports;
making recommendations for imnrovement of
work conditions, practices and equipment
required to correct deficiencies in procedures
and practices;
ensuring appropriate reports are. completed
for all’ accidents ;
collecting, compiling and analyzing safety
statistics on accidents and recommending
changes in work methods, equipment and
training;
providing advice on safety to Regional Managers
on Acts and Regulations. equipment requirements
and selection, reviewing plans and specifications
for new or expanding projects, plant design and
layout and safety practices;
acting as a ‘resource.person and providing
expertise’on safety matters to the Regional
Safety Committee(s).
Ensures that Ministry policy and health and
safety legislation is being followed by
performing such duties as:
conducting safety audits and reporting hazardous
work conditions and/or work practices,
conformance of equipment and work practices to
existing safety standards and regulations;
recommends immediate action’ to correct
hazardous conditions found during inspection;
provides assistance when necessary for
corrective measures;
being in attendance and aiding personnel
undertaking hazardous jobs such as digester
cleanouts;
visiting accident sites, carrying out
inspect ions, interviews and report findings
with.recommendstions;
.providing expert testimony ate hearings on
accidental injury or death.
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4.
(a)
(b)
(cl
Cd)
(a)
(f
(g
NOTE
‘1~
;I
i
Performs other related duties such as:
investigate disabling or fatal accidents and
prepare analytical reports;
prepare briefs and technical papers,;
advise and assist Regional Safety Committee
in performance of their duties, i.e. safety
audits, investigate health and safety
complaints;
maintain a current knowledge of all aspects
of safety regulations and practices in the
s,afety fields by attending conferences,
seminars and refresher courses and communicating
with other safety professionals and
institutions;
become familar with all aspects of work
performed by Ministry personnel and carry out
regular inspections of work places;
in conjunction with other Safety-Officers,
recommends revisions and additions to
Ministry of the Environment Safety PoliCy~’
and Procedures Manual;
member of Provincial Safety Officers Committee.
The following are examples of specific duties relating
to the above:
TRAINING
(a) setting up driver training programs for
Regional staff including plants;
(b) provide instruction in first aid at the advanced
level (16 hours of instruction);
Cc) set up fire prevention demonstrations in
conjunction with local fire departments;
Cd) present gas detection seminars to plant staff
and Regi~onal field.staff;
(a) instructing in the use of respiratory
,protection techniques.
ADMINISTRATION
(a) performing operational checks on safety
equipment installed throughout the Region;
(b) en,suring that such plant equipment as chemical
feed systems and ventilation systems are
operating safely;
. . . ’
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(cl reviewing the handling and storage
procedures of chlorine and chemicals;
Cd) conducting visual safety checks of plant
vehicles;
(e) reviewing the handling of toxic chemcials
by laboratory staff;
(f) reviewing and recommending the purchase of
personal protective equipment as required
by the duties of plant, field and laboratory
staff.
SKILLS AND KNOWLEDGEREQUIRED TO PERFORM THE WORK
3 year Community Technologist Diploma in safety
technology or an equivalent background in safety
training; three years related work experience in the
safety field;. possession of St. John's Ambulance or
Red Cro,ss Instructor's Certificate; knovledge of
instrumentation, sewage and water treatment operation
and tha.ability to read and understand plans and
drawings would be an asset."
As a result, the grievor,' who was then classified as a
Safety Instruction Officer I, was reclassified to Safety Instruction
Officer II, effective April 1, 1979.
The evidence isthat the grievor performs substantially
all of the duties and responsibilities that are set out in the
position specification and that he has done so with reasonable
skill and ability. But it should be noted that he is the only
Safety Instruction Officer in the northeastern region of the
province and does not accordingly train or supervise subordinate
officers in the various phases of the programme'of accident
prevention.
His position however is that the function that he is called
.upon to perform by the Employer from time to time, take him within
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the “central core” or “distinctive character”, to use well accepted
phraseolo+y ‘developed by arbitrators in, classification grievances,
see t?Aawn and BeaZLy, “Canadian Laboun A&bitnaiian” paragraph
5.2420, Re Canada Valve Ltd. and Intefuw.Ziona.! .Moldehb and
AU.i~d Wahkut.6 Union, (1977) 16 L.A.C. (2d) 254 (Burkett), and
Re RegionaL Municipa1i;ty 04 WaZLtehiZao [Sunnybide Home1 and ~.
Landacand I7ib&i& Se&vice WOhkehb Union Locat 220, (1978)
20 L.A.C. (2d) 77 (Roberts) , of the Safety Instruction Officer III
classification.
The class definition and the charactertistic duties of
that position are the folloviing:,
"CLASS DEFINITION:
This class covers specialized~ safety promotion
work in a Department with an extensive, well-
developed programme of accident prevention
through education and instruction. These
programmes are designed to promote safety
measures in work habits and recreation activities.
Employees in this class co-ordinate all phases
of the programme including the evaluation of
equipment, the development of training manuals,
the instruction and supervision of subordinate
officers, and the assessment of results. The
work requires constant development of original and
effective promotional methods, together with
re-evaluation of existing methods. In some
positions employees are responsible for the
implementation.of a programme which covers a
variety of activities in a large area of the
province. This class also includes positions
of directors or programmes such as the Director
of Safety Education, Department of Transport who
supervises a number of field officers in assigned
districts through the province.
’
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CHARACTERISTIC DUTIES:
1.
2.
3.
4.
5.
6.
7.
a.
9~.
Train and supervise subordinate field safety
instruction officers is all phases of the
programme.
Supervise the development and preparation of
training manuals, bulletins,~demonstration
sets, and methods ‘of presentation.
Lecture departmental personnel and others in
the fundamental principles and methods of accident
control, first aid. resuscitator and artificial
respiration, fire prevention, driver education
and traffic safety.
Contact line supervisors, educational groups,
municipal councils and other specialized
groups to publicize the programme, promote
interest and secure compliance or co-operation.
Inspect departmental establishments and
equipment for conformance to safety standards;
issue safety instructions.
Advise on use of,new or existing equipment to
reduce accident hazards.
Assess departmental accidents, compile statistics
and develop,preventive procedures; follow up to
ensure instructions are being enforced.
Recommend changes or additions to legislation.
Attend conferences and refresher courses for
the purpose of updating methods and manuals;
assist in planning and conducting conferences.”
The evidence justifies the conclusion that the grievor
performs substantially~ all of the~'duties of the Safety Instruction
Officer III classification, save and’except that he does not
train and supervise subordinate field safety 'instruction officers,
as there are none in his region; that while he has an input in the
development and preparationof training manuals, he does not supervise
such and that his role in recommending changes or additions to the
relevant legislation is rather self-motivated rather than one. that
has been assigned to him by the Employer.
I
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It is to be emphasized that the class definition of the
Safety Instruction Officer 111 position makes it clear that the
encumbent must be one who co-ordinates-all phases of the accident
prevention program, including the evaluation of equipment, the
development of training manuals, the instruction and supervision
of subordinate officers and the assessment of results. (Reliance
is not~placed on the last two sentences of the class definition
which clearly have no application to the grievor.)
The evidence however falls short of bringing the grievor
within the class definition of Safety Instruction Officer III.
In this respect, due regard must be given to the class definitions
of the two job classifications which to some extent overlap.~
In our opinion, the grievor does n.ot perform the central core
or distinctive characteristic of the Safety Instruction Officer..
That in our view is the co-ordination of the various phases of
the accident prevention progranme.In our opinion, the griever,
although discharging his duties and responsibilities with admirable
skill and diligence, and although possessing the qualifications
for the higher classification, is not really performing a sub-
stantial part of those duties of the Safety Instruction Officer III
position which clearly distinguish it from the lower Safety Instruction
Officer II positicn. Leaving aside the acknowledged fact that he
does not train and supervise subordinate field safety instruction
officers, he in our view, does not in any meaningful or
substantial way, co-ordinate .phases of the accident prevention
programme and particularly does not supervise the development
-. :
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and preparation of training manuals. In our opinion, .the work
that he performs does not involve the supervision and co-ordination
aspects of the position in a way that would bring him within the,
central core or distinctive character of the Safety Instruction
Officer III classification.
For these reasons we are not satisfied that the grievor
has been improperly classified and dismiss the grievance
accordingly.
DATED at 'Poronto this 24th day of November, 1982.
, ~.- ..~ c .- ,.,_.._
L-P. &IN BRUNNER, VICE CHAIRMAN
.
s IL gc?-=-,
S. R. HENNESSY. / -.-
- .-. DAVID P. OLSEN, MEMBER
5: 2400