Statutes of Newfoundland and Labrador 2023 Chapter 15

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL 1990 cO-3
as amended

1. (1) Section 2 of the Occupational Health and Safety Act is amended by adding immediately after paragraph (d) the following:

(d.1) "department" means the department presided over by the minister;

(2) Paragraph 2(f) of the Act is amended by deleting the number "1" and substituting the word "one".

(3) Paragraph 2(i) of the Act is amended by deleting the words "he or she" and substituting the words "the medical practitioner".

(4) Paragraph 2(k) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

2. Section 4 of the Act is amended by deleting the words "his or her" and substituting the words "the employer's".

3. (1) Paragraph 5(a) of the Act is amended by deleting the words "his or her" and substituting the words "the employer's".

(2) Paragraph 5(b) of the Act is amended by deleting the words "his or her" and substituting the words "the employer's".

(3) Paragraphs 5(c) and (d) of the Act are repealed and the following substituted:

(c) shall ensure that the employer's workers and supervisors are made familiar with health or safety hazards that may be met by them in the workplace;

(d) shall, where it is reasonably practicable, ensure that the employer's undertaking is conducted in a manner that does not expose other persons to health or safety hazards;

(4) Paragraph 5(e) of the Act is amended by deleting the words "his or her" and substituting the words "the employer's".

4. Section 5.1 of the Act is repealed and the following substituted:

Supervisors' general duty

5.1 A supervisor shall ensure, where it is reasonably practicable, the health, safety and welfare of all workers under the supervisor's direction and control.

5. Section 5.2 of the Act is repealed and the following substituted:

Specific duties of supervisors

5.2 A supervisor shall

(a) advise workers under the supervisor's direction and control of the health and safety hazards that may be met by them in the workplace;

(b) provide proper written or oral instructions regarding precautions to be taken for the protection of all workers under the supervisor's direction and control; and

(c) ensure that a worker under the supervisor's direction and control uses or wears protective equipment, devices or other apparel that this Act, the regulations or the worker's employer requires to be used or worn.

6. Section 6 of the Act is amended by deleting the words "his or her" and substituting the words "the worker's".

7. Section 7 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the worker's".

8. Section 8 of the Act is repealed and the following substituted:

Imminent danger

8. A worker shall not

(a) carry out work where there exists an imminent danger to the health or safety of the worker, another worker or another person; or

(b) operate a tool, appliance or equipment that will create an imminent danger to the health or safety of the worker, another worker or another person.

9. Section 10 of the Act is amended by deleting the words "for him or her to do so".

10. Section 11 of the Act is repealed and the following substituted:

Duty of supplier

11. A supplier shall ensure, where it is reasonably practicable, that tools, appliances or equipment supplied by that supplier

(a) are in safe operating condition; and

(b) comply with the standards prescribed by the regulations.

11. Section 13 of the Act is amended by deleting the number "1" and substituting the word "one".

12. Subsection 14(3.1) of the Act is repealed and the following substituted:

(3.1) A member whose term of office has expired continues to be a member until reappointed or replaced.

13. Subsection 19(1) of the Act is amended by deleting the words "Department of Employment and Labour Relations" and substituting the word "department".

14. Section 22 of the Act is amended by deleting the words "his or her" wherever they appear.

15. Subsection 24(3) of the Act is amended by deleting the words "Public Service Rearrangements and Transfers of Duties Act" and substituting the words "Executive Council Act".

16. Subsection 26(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the assistant deputy minister or officer".

17. Section 26.2 of the Act is amended by deleting the words "his or her".

18. Subsection 27(3) of the Act is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the worker"; and

(b) deleting the words "him or her" and substituting the words "the worker".

19. Section 31 of the Act is amended by deleting the words "he or she is".

20. Subsection 33(2) of the Act is amended by deleting the words "his or her" and substituting the words "the assistant deputy minister's".

21. Subsection 36(1.1) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

22. Subsection 36.1(1) of the Act is amended by deleting the number "10" and substituting the number "20".

23. Subsection 36.2(1) of the Act is amended by deleting the number "10" and substituting the number "20".

24. Section 37 of the Act is amended by deleting the number "10" and substituting the number "20".

25. Subsection 38.1(2) of the Act is amended by deleting the number "10" and substituting the number "20".

26. Paragraph 39(f) of the Act is amended by deleting the words "his or her".

27. Subsection 41(1) of the Act is amended by deleting the number "10" and substituting the number "20".

28. Subsections 44(2) and (3) of the Act are repealed and the following substituted:

(2) A worker health and safety representative or the workplace health and safety designate, where the workplace health and safety designate is not the employer, shall consult with the employer while performing duties under subsection (1).

(3) Where the workplace health and safety designate is the employer, the workplace health and safety designate shall consult with the workers while performing duties under subsection (1).

29. (1) Subsections 45(1) and (2) of the Act are repealed and the following substituted:

Right to refuse to work

45. (1) A worker may refuse to do work that the worker has reasonable grounds to believe is dangerous to the health or safety of the worker, another worker or another person at the workplace

(a) until remedial action has been taken by the employer to the worker's satisfaction;

(b) until the committee or worker health and safety representative has investigated the matter and advised the worker to return to work; or

(2) Where a worker refuses to do work under subsection (1), the employer may reassign the worker to other work that is reasonably equivalent to work that is normally performed by the worker and the worker shall accept the reassignment until the worker is able to return to work under subsection (1).

(2) Subsection 45(3) of the Act is amended by

(a) adding a comma after the reference "subsection (2)";

(b) deleting the words "him or her" and substituting the words "the worker"; and

(3) Subsection 45(4) of the Act is amended by

(a) adding a comma after the reference "subsection (2)"; and

(b) deleting the words "he or she" and substituting the words "the worker".

30. Section 46 of the Act is repealed and the following substituted:

Report to supervisor

46. Where a worker exercises the worker's right to refuse to work in accordance with section 45, or where the worker believes that a tool, appliance or piece of equipment, or an aspect of the workplace is or may be dangerous to the health or safety of the worker, other workers or another person at the workplace, the worker shall immediately report it to the worker's supervisor.

31. Section 47 of the Act is repealed and the following substituted:

Report to division

47. Where a worker has made a report under section 46 and the matter has not been remedied to the worker's satisfaction, the worker shall report it, either in writing or orally, to the division or an officer.

32. Section 48 of the Act is amended by deleting the words "his or her" and substituting the word "the".

33. (1) Section 49 of the Act is amended by deleting the words "him or her" wherever they appear and substituting the words "the worker".

(2) Paragraph 49(a) of the Act is amended by deleting the word "workers" and substituting the word "worker's".

(3) Paragraph 49(c) of the Act is amended by deleting the words "his or her" and substituting the word "the".

(4) Paragraph 49(d) of the Act is repealed and the following substituted:

(d) because the worker has reasonably refused to work in accordance with section 45.

34. Section 50 of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the worker"; and

(b) deleting the words "him or her" and substituting the words "the worker".

35. Section 51 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the worker's".

36. (1) Paragraph 52(1)(b) of the Act is amended by deleting the words "his or her".

(2) Paragraph 52(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the worker's".

(3) Subsection 52(2) of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

37. Subsection 54(3) of the Act is repealed and the following substituted:

(3) In this section and section 55, "serious injury" means

(a) a fracture of the skull, spine, pelvis, femur, humerus, fibula or tibia, or radius or ulna;

(b) an amputation of a major part of a hand or foot;

(d) a serious internal haemorrhage;

(e) a burn that requires medical attention;

(f) an injury caused directly or indirectly by explosives;

(g) an asphyxiation or poisoning by gas resulting in a partial or total loss of physical control; or

(h) another injury likely to endanger life or cause permanent injury,

but does not include injuries to a worker of a nature that may be treated through first aid or medical treatment and the worker is able to return to work either immediately after the treatment or at the worker's next scheduled shift.

38. Section 56 of the Act is amended by deleting the words "he or she" and substituting the words "the assistant deputy minister or officer".

39. Paragraph 58(a) of the Act is amended by deleting the words "his or her" and substituting the words "the worker's".

40. Subsection 59(2) of the Act is amended by deleting the words "his or her" and substituting the words "the worker's".

41. (1) Section 60 of the Act is amended by deleting the words "him or her" and substituting the words "the physician".

(2) Paragraph 60(b) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

42. Section 62 of the Act is repealed and the following substituted:

Medical reports

62. (1) A medical practitioner who

(a) attended a worker who became ill or was injured while engaged in an occupation; or

(b) performed a medical examination under section 58,

shall, where requested, provide to a medical practitioner whose services the minister has obtained under section 20 the medical reports of the worker required by that medical practitioner.

(2) Notwithstanding the Personal Health Information Act, the provincial health authority shall, where requested by a medical practitioner whose services the minister has obtained under section 20, provide to that medical practitioner those records prepared by the provincial health authority required by that medical practitioner that relate to the medical treatment given to a worker who became ill or was injured while engaged in an occupation.

43. (1) Subsection 63(1) of the Act is amended by deleting the number "1" and substituting the word "one".

(2) Subsection 63(2) of the Act is amended by deleting the words "Public Inquiries Act" and substituting the words "Public Inquiries Act, 2006".

44. Subsection 65.1(3) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the minister's".

45. Subsection 67(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

46. Paragraph 70(b) of the Act is amended by deleting the words "Occupational Health and Safety Division" and substituting the word "division".

Commencement

47. This Act comes into force on March 1, 2024.