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Newfoundland and Labrador
Regulation 2001


NEWFOUNDLAND AND LABRADOR REGULATION 93/01

NEWFOUNDLAND AND LABRADOR
REGULATION 93/01

Occupational Health and Safety Regulations (Amendment)
under the
Occupational Health and Safety Act
(O.C. 2001-751)

(Filed December 19, 2001)

Under the authority of section 65 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, December 18, 2001.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.4 R&S
4.     Occupational health              and safety program
4.1   Occupational health              and safety policy

        2.   Schedule Rep.

        3.   Commencement

 


CNLR 1165/96
as amended

        1. Section 4 of the Occupational Health and Safety Regulations is repealed and substituted by the following:

Occupational health and safety program

        4. (1) An occupational health and safety program required under section 36.1 of the Act shall be signed by the employer and by the person or persons responsible for the management of the employer’s operations in the province and shall include:

             (a)  a statement of the employer’s commitment to cooperate with the occupational health and safety committee and workers in the workplace in carrying out their collective responsibility for occupational health and safety;

             (b)  a statement of the respective responsibilities of the employer, supervisors, the occupational health and safety committee and workers in carrying out their collective responsibility for occupational health and safety;

             (c)  procedures to identify the need for and for the preparation of, written work procedures to implement health and safety practices, including practices required by the Act and the regulations, or by order of an officer;

             (d)  a plan for orienting and training workers and supervisors in workplace and job-specific safe work practices, plans, policies and procedures, including for emergency response, that are necessary to eliminate, reduce or control hazards;

             (e)  provision for establishing and operating an occupational health and safety committee, including

                      (i)  maintenance of membership records,

                     (ii)  procedural rules,

                    (iii)  access for the committee to management staff with the authority to resolve health and safety issues and to access information about the employer’s operations required under the Act and the regulations, and

                    (iv)  a plan for training committee members as required under the Act.

              (f)  a system for the recognition, evaluation and control of hazards that includes:

                      (i)  evaluation and monitoring of the workplace to identify potential hazards and the associated risks,

                     (ii)  procedures and schedules for regular inspections by management and committee members,

                    (iii)  procedures for the identification, reporting and control or correction of hazards,

                    (iv)  procedures for the prompt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence,

                     (v)  identification of the circumstances where the employer is required to report hazards to the committee and the procedures for doing so, and

                    (vi)  measures for the accountability of persons responsible for the reporting and correction of hazards;

             (g)  a plan for the control of biological and chemical substances handled, used, stored, produced or disposed of at the workplace and where appropriate, the monitoring of the work environment to ensure the health and safety of workers and other persons at or near the workplace;

             (h)  a system to ensure that persons contracted by the employer or for the employer’s benefit comply with the program developed under this section and the Act and regulations;

              (i)  an emergency response plan;

              (j)  maintenance of records and statistics, including occupational health and safety committee minutes, reports of occupational health and safety inspections and investigations, with procedures to allow access to them by persons entitled to receive them under the Act; and

             (k)  provision for monitoring the implementation and effectiveness of the program.

             (2)  An employer that is required to establish and maintain an occupational health and safety program under section 36.1 of the Act shall

             (a)  implement the occupational health and safety program; and

             (b)  review and, where necessary, revise the occupational health and safety program

                      (i)  at least every 3 years,

                     (ii)  where there is a change of circumstances that may affect the health and safety of workers, and

                    (iii)  where an officer requests a review.

Occupational health and safety policy

      4.1 (1) An occupational health and safety policy required under section 36.2 of the Act shall be signed by the employer and by the person or persons responsible for the management of the employer’s operations in the province, and shall contain a statement of the employer’s commitment to occupational health and safety that includes:

             (a)  a statement of the employer’s commitment to cooperate with the worker health and safety representative and workers in the workplace in carrying out their collective responsibility for occupational health and safety; and

             (b)  a statement of the respective responsibilities of the employer, supervisors, the worker health and safety representative and other workers in carrying out their collective responsibility for occupational health and safety.

             (2)  An employer that is required to establish and maintain an occupational health and safety policy under section 36.2 of the Act shall  review and, where necessary, update the policy at least annually, in consultation with the worker health and safety representative.

 

        2. The Schedule to the regulations is repealed.

Commencement

        3. These regulations shall come into force on January 1, 2002.