May 1, 2014
20.4.241
Background
The grievor is grieving that the washrooms are not cleaned on a daily basis (Central Control, Principle entrance), contrary to part IX of the OHS Directive on sanitation. The grievor is also aggrieved by the insufficient ventilation in most washrooms and the visibility of the toilets and/or urinals when the door to the bathroom is open, both of which are in contravention of the Canada Occupational Health and Safety Regulations (COHSR).
The Executive Committee considered the information provided in the case and agreed that the matters of the washroom ventilation and visibility of the toilets and/or urinals was not within the Directive's scope but rather addressed by the Canada Labour Code. Therefore, the cleanliness of the bathrooms was the only matter to be examined by the Occupational Health and Safety Committee.
Bargaining Agent Presentation
The Bargaining Agent representative explained that there have been issues for years at the workplace regarding the cleanliness of the bathrooms in the secure areas where cleaners are not allowed to work.
The Bargaining Agent representative submitted that in 2009, a section 127 complaint was filed in which the complainant identified maintaining the washroom area on restricted posts to be outside of the employee's functions. As a result, the identified posts had Cleaning Service Officers assigned to clean them daily from Monday to Friday, with cleaning supplies available to other employees for weekends. Although restricted posts such as those in question are occupied 365 days a year and are never left unattended, cleaning on Saturdays and Sundays takes place only when the service is requested. In such cases, the cleaners would be called in on overtime.
The Bargaining Agent representative indicated that this solution is not in compliance with the Directive or the Canada Labour Code (CLC) and its regulations as the areas in question would not be maintained in a clean and sanitary condition, and some employees are not trained in using the cleaning chemicals safely, biohazard containment, or in cross-contamination containment. The representative referred to the Directive at section 9.1.1, which states that each personal service room and food preparation area used by employees shall be maintained in a clean and sanitary condition in accordance with the appropriate standard. She also referred to the CLC and its regulations at section 9.4, which states that each personal service room shall be cleaned at least once every day that it is used, and submitted that the NJC Directive goes over and above the CLC as the Directive does not put a limitation on cleaning frequency. The Bargaining Agent representative indicated that the minimum acceptable standard is a once daily cleaning by qualified personnel.
The Bargaining Agent representative noted that the government-owned and operated workplace is subject to the Directive as well as the Code and its regulations, and that there is no alternative administrative redress procedure available under the Code. The representative also submitted that the Employer's financial concerns should not be taken into account in matters of cleanliness, as it is a matter of safety, and the Employer should allocate the appropriate funds.
Departmental Presentation
The Departmental representative noted that the grievor claims to be forced to work in areas where the washrooms are not cleaned on a daily basis and that the facilities provided by the Employer are "deplorable at best".
The Departmental representative submitted that the Cleaning Shop Supervisor stops by the restricted posts in question each day to clean the washrooms and would also come in to clean these two washrooms on Saturdays and Sundays when requested to do so by the keeper on duty. He indicated that the washrooms are only cleaned on weekends when it is necessary due to lack of funding, but local Management is not aware of any weekend requests made by any employee on duty. The representative further noted that when the grievor filed the grievance, the days worked were from Monday to Thursday, which are the days the bathrooms were cleaned without having the Duty Manager call for them to be cleaned. The representative submits that the claim made by the grievor that the washroom cleanliness is "deplorable at best" cannot be supported.
The Departmental representative indicated that under "jurisdiction", the NJC Occupational Health and Safety Directive states that: "The NJC grievance procedure can be used to file a grievance for any language in the Directive that provides protection additional to the Code. It shall not be used if any alternative administrative redress procedure is available under the Code."
Executive Committee Decision
At a previous meeting, the Executive Committee decided that the portions of this grievance pertaining to the washroom ventilation and the visibility of the toilets and/or urinals were not within the Directive's scope but should rather be addressed by the Canada Labour Code (CLC). The OHS Committee was tasked with reviewing the matter of the cleanliness of the bathroom and reporting back to the Executive Committee on that single issue.
The Executive Committee considered and agreed with the report of the OHS Committee which concluded that the grievor had been treated within the intent of the Directive. The Committee indicated that the OHS Directive is intended to enhance the provisions of the CLC. As such, it was noted that the NJC grievance procedure was not the most efficient way to deal with this matter, but that it could have been dealt with more expeditiously at the departmental level by the OHS Committee or through a CLC complaint. The grievance is therefore denied.