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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, -3- 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 - 4 - 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. -5- 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. -6- 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; . . . ’ -7- (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 - s - 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. ’ -9- 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 - 10 - 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 -. : ~ - 11 - 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