4109-96-HS Ontario Public Service Employees Union and Deborah Haring, Applicants v. Ministry of the Solicitor General & Correctional Services - Maplehurst Correctional Centre, and Inspector Chester Paddock, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; November 29, 2001
- The applicants and the responding parties, as a result of mediation efforts undertaken by the Board with their consent, entered into the following Minutes of Settlement:
ONTARIO LABOUR RELATIONS BOARD
Board File No.: 4109-96-HS
IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 61(1) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, R.S.O. 1990, c.O.1, as amended
BETWEEN:
Ontario Public Service Employees Union (OPSEU) and Deborah Haring
(the Applicants)
-and-
Ministry of Correctional Services (Maplehurst Complex)
(the Employer)
MINUTES OF SETTLEMENT
WHEREAS the Employer and OPSEU recognize that illicit drug use by inmates at the Maplehurst Complex has given rise to bona fide health and safety concerns on the part of correctional officers; and
WHEREAS the Employer acknowledges that section 25(2)(h) of the Act requires it to take every precaution reasonable in the circumstances for the protection of workers; and
WHEREAS determining what precautions are reasonable in the circumstances is the responsibility of the Employer, the Employer and OPSEU acknowledge that ongoing consultations between them ought to take place during the process used to make such determinations; and
WHEREAS the Employer and OPSEU acknowledge that such consultations should occur within the existing health and safety internal responsibility system in place at the Maplehurst Complex;
NOW THEREFORE the parties agree as follows:
Management at the Maplehurst Complex (“Management”), as part of the current development of the Institutional Standing Orders, shall develop on or before February 18, 2002, operating procedures for Correctional Officers and Operational Managers to follow when the use of illicit drugs by inmates is observed or when the use of illicit drugs is suspected in inmate living units.
Management shall report, on a quarterly basis, to the Maplehurst Complex Joint Occupational Health and Safety Committee (“JOHSC”) with regards to the effectiveness of unit searches (including canine searches) in the detection of weapons and illicit drugs.
The report referred to in section 2 above will include the following statistical information:
a. Frequency, type and location of searches.
b. Results of searches.
The report will be provided to the JOHSC at least one week before the date of the JOHSC meeting. For greater certainty, it is understood that the statistical information shall not relate to “dry celling” procedures.
The parties agree that the JOHSC shall undertake a review for the purpose of making a recommendation to the Superintendent of the Maplehurst Complex for the provision of information to correctional staff regarding illicit drugs in correctional facilities.
The parties agree that, during the discussions regarding effectiveness of unit searches as set out in paragraph 2, the JOHSC may discuss and make recommendations regarding “dry celling” and improvements to the effectiveness of unit searches (including canine searches).
The parties agree that increasing the effectiveness of search procedures at the Maplehurst Complex improves the ability to meet operational goals and increases the safety of the employees of the Maplehurst Complex.
The parties agree this settlement, which resolves all issues in this application, shall be incorporated into a Board decision and to request that the Board make the necessary declarations and orders and that the Board remain seized with determining any issues of interpretation of these Minutes of Settlement.
“Ronald Davis” For the Employer
“Laura Williams” of counsel Koskie Minsky For OPSEU
“Brian Fukuzawa” For the Ministry of Labour & Inspector
“D. Haring” Deborah Haring
Dated: November 27, 2001
- Having regard to the Minutes of Settlement set out in paragraph 1 above, the Board hereby:
a) declares that illicit drug use by inmates at the Maplehurst Complex has given rise to bona fide health and safety concerns on the part of correctional officers;
b) declares that section 25(2)(h) of the Occupational Health and Safety Act, R.S.O. 1990, c. O. 1 requires the Employer to take every precaution reasonable in the circumstances for the protection of workers;
c) declares that the determination of what precautions are reasonable in the circumstances is the responsibility of the Employer;
d) declares that ongoing consultations between the Employer and OPSEU ought to take place during the process used to determine what precautions are reasonable in the circumstances;
e) declares that such consultations should occur within the existing health and safety internal responsibility system in place at the Maplehurst Complex;
f) directs Management at the Maplehurst Complex (“Management”), as part of the current development of the Institutional Standing Orders, to develop on or before February 18, 2002, operating procedures for Correctional Officers and Operational Managers to follow when the use of illicit drugs by inmates is observed or when the use of illicit drugs is suspected in inmate living units;
g) directs Management to report, on a quarterly basis, to the Maplehurst Complex Joint Occupational Health and Safety Committee (“JOHSC”) with regards to the effectiveness of unit searches (including canine searches) in the detection of weapons and illicit drugs; to include in such reports the following statistical information:
a) Frequency, type and location of searches; and
b) Results of searches
and to provide such reports to the JOHSC at least one week before the date of the JOHSC meeting; (For greater certainty, the statistical information shall not relate to “dry celling” procedures.)
h) directs the JOHSC to undertake a review for the purpose of making a recommendation to the Superintendent of the Maplehurst Complex for the provision of information to correctional staff regarding illicit drugs in correctional facilities;
i) declares that the JOHSC may, during discussions regarding the effectiveness of unit searches, discuss and make recommendations regarding “dry celling” and improvements to the effectiveness of unit searches (including canine searches); and
j) declares that increasing the effectiveness of search procedures at the Maplehurst Complex improves the ability to meet operational goals and increases the safety of the employees of the Maplehurst Complex.
- While these declarations and orders in paragraph 2 above constitute a full and final resolution of this application, should any issues over the interpretation of the Minutes of Settlement set out in paragraph 1 above arise between the parties, the Board remains seized with determining such interpretation issues.
“Harry Freedman”
for the Board