NEWFOUNDLAND AND LABRADOR
REGULATION 71/05

Occupational Health and Safety Regulations (Amendment)
under the
Occupational Health and Safety Act
(O.C. 2005-462)

(Filed September 8, 2005)

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, September 7, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.4.1 Amdt.
Occupational health and safety program

        2.   S.19 Amdt.
Stop work orders

        3.   S.21 Amdt.
Health and safety committee

        4.   S.22 Amdt.
Refusal to work

        5.   S.23 Amdt.
Supplementary regulations

        6.   S.25 Amdt.
Chemical substances

CNLR 1165/96
as amended

        1. Paragraph 4.1(1)(a) of the Occupational Health and Safety Regulations is amended by adding immediately after the word "representative" the words "or the workplace health and safety designate".

             (2)  Paragraph 4.1(1)(b) of the regulations is amended by adding immediately after the word "representative" the words "or the workplace health and safety designate".

             (3)  Subsection 4.1(2) of the regulations is amended by adding immediately after the word "representative" the words "or the workplace health and safety designate".

 

        2. Subsection 19(2) of the regulations is repealed and the following substituted:

             (2)  Copies of all stop work orders shall be provided by the division to the occupational health and safety committees, the worker health and safety representatives or the workplace health and safety designates.

 

        3. (1) Subsection 21(1) of the regulations is repealed and the following substituted:

Health and safety committee

     21. (1) An employer shall ensure that

             (a)  an occupational health and safety committee is established;

             (b)  a worker health and safety representative is appointed; or

             (c)  a workplace health and safety designate is designated

under the Act.

             (2)  Subsection 21(3) of the regulations is amended by adding immediately after the word "representative" the words "or workplace health and safety designate".

             (3)  Subsection 21(8) of the regulations is repealed and the following substituted:

             (8)  A representative of the employer and

             (a)  the workers of the occupational health and safety committee;

             (b)  the worker health and safety representative; or

             (c)  the workplace health and safety designate, except where the workplace health and safety designate is the employer,

have the right to accompany an officer of the division when the health and safety inspections are being conducted.

             (4)  Subsection 21(9) of the regulations is repealed and the following substituted:

             (9)  Copies of all health and safety inspection reports made by an officer of the division, which in the opinion of the division warrant circulation, shall be circulated to the employer and

             (a)  the occupational health and safety committee;

             (b)  the worker health and safety representative; or

             (c)  the workplace health and safety designate.

             (5)  Subsection 21(10) of the regulations is repealed and the following substituted:

           (10)  Reports not previously circulated but subsequently requested by the employer, the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate shall be provided.

 

        4. Subsection 22(1) of the regulations is amended by

             (a)  striking out the word "or" and substituting a comma; and

             (b)  adding immediately after the word "representative" the words "or the workplace health and safety designate".

 

        5. Subsection 23(9) of the regulations is repealed and the following substituted:

             (9)  Where the assistant deputy minister or officer finds it impractical to conduct an investigation regarding an accident the report of the investigation by the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate shall be forwarded to the assistant deputy minister.

 

        6. (1) Subsection 25(7) of the regulations is repealed and the following substituted:

             (7)  An employer shall, except when specific direction is given by the division, prepare in consultation with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, within 6 months of the commencement of these regulations, a list of all chemical substances regularly used, handled or produced in the processes or otherwise present at the place of employment which may be a hazard to the health or safety of workers or which are believed to be suspect by the workers, including the trade name and the name and address of the manufacturer of a substance, the chemical composition of which is unknown to either the employer or the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate.

             (2)  Subsection 25(8) of the regulations is amended by

             (a)  striking out the word "or" and substituting a comma; and

             (b)  adding immediately after the word "representative" the words "or the workplace health and safety designate".

©Earl G. Tucker, Queen's Printer