November 16, 2005
20.4.204
The employee grieved the employer's continued use of the cleaning product Pinosan despite Joint Occupational Safety and Health Committee's (JOSH) request to cease use due to pesticide content. The grievor requested compliance with the standard.
In March 2001, the JOSH Committee requested that the employer stop utilizing the cleaning product "Pinosan" in favour of a more environmentally friendly product. The department and Building Maintenance Contractor are responsible for contracts with cleaning companies. As of the day of the grievance, a greener product that met the antibacterial disinfectant requirements had not been found. As a result the employee filed a grievance asking the department to stop using the cleaning product Pinosan as the grievor maintains that the chemicals listed fall under the Pesticides Directive.
The Bargaining Agent representative explained that the pesticides contained in PINOSAN do not dissipate, but continue to build up toxic residue day after day. The Bargaining Agent representative stated that studies show that repeated and increasing exposure to toxic substances can lead to a variety of physical ailments, such as allergies, auto-immune diseases and debilitating environmental sensitivities occurring in the general population, as well as various types of cancer.
The Bargaining Agent representative stated that management was supportive in theory but had to be pressed for a significant period of time to "take action" by writing to Public Works and Government Services Canada (PWGSC) and their agents with the JOSH Committee's concerns. The Bargaining Agent provided lists of "green" products to the Regional OSH Committee Chairperson, which they researched in detail. PWGSC refused the list for various reasons, such as saying a product was flammable, not disinfectant enough, etc., but made no suggestions in return.
The Bargaining Agent representative explained that the employee filed the grievance after many attempts to engage all the players (PWGSC, BLJC then SNC Lavalin ProFac, the Employer, etc), and that the grievance was put in abeyance many times to continue the effort to find a solution.
The representative stated that the NJC Directive requires that where pests are a problem requiring the application of pesticides, that these pests be identified prior to the use of pesticides and that the pesticide of least toxicity be chosen.
The Bargaining Agent representative stated that there was some difficulty in getting information from the Employer about which specific pests they were fighting, e.g. what type of microbes and viruses were targeted, and what the requirements were with regards to disinfectant to destroy them. The Bargaining Agent representative stated that this was not a special facility that might require a higher level of disinfectant, such as hospitals or places where food is prepared.
It was explained that the grievor was asking the Committee to rule that the employee, and the JOSH, which ruled that the product should be changed, were not being treated within the intent of the NJC Pesticides Directive. An order of compliance for ProFac and PWGSC was requested, as well as requesitng that they provide a list of alternate, green products. Once chosen, the grievor was seeking an order that the product could not be changed again without written authorization from the Committee.
The Departmental representative explained that PWGSC had advised that they were receptive to utilizing a greener product as long as it satisfied the antibacterial requirements. He stated that the product Pinosan is a General Purpose Germicidal Cleaner – 5th Generation and has been proven effective in killing harmful viruses (source - Health Canada). The representative explained that greener products tended to be far less effective in this regard. Pinosan's active compounds (Quaternary Ammonium Compounds - known for their bactericidal and disinfecting qualities) are at very low concentration. Furthermore, it was noted that the product was diluted up to 80-fold when used by cleaners.
The Departmental representative explained that on April 20, 2001, a letter was received from the Occupational Health and Safety Program of Health Canada which confirmed that the use of the product Pinosan "...is not hazardous under the conditions which were described to our department".
Nevertheless, greener alternatives to Pinosan were researched to alleviate the concerns of the grievor and the JOSH, including Eco-MaxTm, Green Earth Daily Disinfectant Cleaner, BioseptTmHTP Hard Surface Disinfectant Spray and Veridien® Viraguard.
The purpose of the Pesticide Directive is to protect employees' health. It does this by providing guidelines for the use of pesticides. The Departmental representative also pointed out that the employees are not involved in the use of the product, i.e. cleaning.
Although the Employer believes it has treated employees within the intent of the directive, as the product is considered safe, it continues to look for alternatives to satisfy the concerns of the grievor.
The Executive Committee considered and agreed with the report of the Occupational Safety and Health Committee, which concluded that the department had not met the burden of proof to demonstrate that the research necessary to determine the disinfectant requirements – as well as to determine the option of least toxicity that meets the requirements – had not been undertaken. The Committee also pointed out that the JOSH request for a report to this effect had apparently not been met, as required under the Canada Labour Code.
The Executive Committee agreed that the department should provide the requested report to JOSH, detailing the disinfectant requirements and demonstrating the options of least toxicity, in compliance with the Canada Labour Code within 30 days.