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Statutes of Newfoundland and Labrador 2001


Statutes of Newfoundland and Labrador 2001 Chapter 10

CHAPTER 10

AN ACT TO AMEND THE WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT AND THE OCCUPATIONAL HEALTH AND SAFETY ACT

(Assented to May 24, 2001)

Analysis

WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT

1. S.2 Amdt.
Definition

2. PART I Heading R&S and S.2.1 Added
Definition

3. S.5 Amdt.
Duties and powers

4. S.17 Amdt.
Power re examinations

5. S.19 Amdt.
Exclusive jurisdiction

6. S.20 Rep.
Public hearing

7. S.20.7 Added
Definitions

8. S.26 Amdt.
Review by review commissioner

9. S.26.1 Added
Review commissioner bound by policy

10. S.28 Amdt.
Application to review commissioner

11. S.28.1 Amdt.
Application for reconsideration

12. S.43.1 Added
Proportionate compensation

13. S.54.2 Rep.
Co-operation in rehabilitation

14. S.57 R&S
Duties of health care provider

15. S.60 Amdt.
Proof required

16. S.65.1 Added
Payment to a remarried spouse

17. S.74 Amdt.
Lost earning capacity

18. S.74.1 Amdt.
Compensation to be reviewed

19. Ss.77 & 78 R&S
77. Recurrence
78. Elimination of
minimum
compensation

20. S.85 Amdt.
Medical aid

21. PART VI R&S

PART VI
RETURN TO WORK AND
REHABILITATION

88. Rehabilitation
89. Duty to co-operate in
return to work
89.1 Obligation to re-
employ
89.2 Labour market re-entry
assessment and plan
89.3 Provision of
information
89.4 Construction industry

22. S.101 Amdt.
Information may be required

23. S.123 Amdt.
General regulations

24. S.125 Amdt.
Offence

OCCUPATIONAL HEALTH AND SAFETY ACT

25. S.5 Amdt.
Specific duties of employers

26. S.7 Amdt.
Specific duties of workers

27. Ss.36.1 & 36.2 Added
36.1 Health and safety program
36.2 Health and safety
policy

28. S.38.1 Added
Committee training

29. S.39 Amdt.
Duties of committees

30. S.41 R&S
Worker representative

31. S.65 Amdt.
Regulations

32. Commencement

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

WORKPLACE HEATH, SAFETY AND COMPENSATION ACT


RSN1990 cW-11
as amended

1. (1) Paragraph 2(1)(g) of the Workplace Health, Safety and Compensation Act is repealed and the following substituted:

(g) "director" means a director of a corporation;

(2) Paragraph 2(1)(t) of the Act is repealed and the following substituted:

(t) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(3) Paragraph 2(1)(v.1) of the Act is repealed.

 

2. The Act is amended by repealing the heading "PART I THE WORKERS’ COMPENSATION COMMISSION" and substituting the following:

PART I
THE WORKPLACE HEALTH, SAFETY AND COMPENSATION COMMISSION

Definition

2.1 In this Part, "director" means a member of the board of directors appointed under section 4.

 

3. Paragraph 5(1)(b) of the Act is amended by adding immediately after the word "rehabilitation" the words "and return to work".

 

4. Subsection 17(2) of the Act is repealed and the following substituted:

(2) A person acting under subsection (1) may

(a) at reasonable times enter a premises;

(b) require the production of books, records or other documents applicable to the examination or inquiry and may examine those books, records or documents or remove them for the purpose of making copies of them; and

(c) require and take affidavits, affirmations or declarations as to a matter of the examination or inquiry and administer oaths and affirmations and take declarations and certify that they have been made.

(3) Where a director or other person removes books, records or other documents under paragraph (2)(b), he or she shall give to the person from whom those items were taken a receipt for them and shall immediately make copies of them and return the originals to the person who was given the receipt.

 

5. (1) Paragraphs 19(1)(b) and (c) of the Act are amended by striking out the words "disability or".

(2) Paragraph 19(1)(j) of the Act is amended by adding immediately after the word "subcontractor" a comma and the words "independent operator".

(3) Subsection 19(1) of the Act is amended by striking out the word "and" at the end of paragraph (j), by striking out the period at the end of paragraph (k) and substituting a semi-colon and by adding immediately after that paragraph the following:

(l) whether a worker is co-operating in reaching medical recovery, in returning to work and in all aspects of the labour market re-entry assessment and plan provided to the worker;

(m) whether an employer has fulfilled the obligation to return a worker to work or re-employ a worker; and

(n) whether a labour market re-entry plan shall be prepared for a worker.

 

6. Section 20 of the Act is repealed.

 

7. The Act is amended by adding immediately after the heading "PART II APPEALS" the following:

Definitions

20.7 In this Part

(a) "policy" means policy established by the board of directors under subsection 5(1); and

(b) "review commissioner" means a review commissioner appointed under section 22 and may include the chief review commissioner.

 

8. (1) Paragraph 26(1)(a) of the Act is repealed and the following substituted:

(a) compensation benefits;

(a.1) rehabilitation and return to work services and benefits;

(2) Subsection 26(1) of the Act is amended by striking out the word "and" at the end of paragraph (c), by striking out the period at the end of paragraph (d) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

(e) the obligations of an employer and a worker under Part VI.

 

9. The Act is amended by adding immediately after section 26 the following:

Review commissioner bound by policy

26.1 A review commissioner shall be bound by this Act, the regulations and policy.

 

10. (1) Subsection 28(1) of the Act is amended by adding immediately after the figure "26(1)" a comma and the words and number "within 30 days of receiving the written decision of the commission".

(2) Section 28 of the Act is amended by adding the following immediately after subsection (1):

(1.1) The chief review commissioner may accept an application after the time set in subsection (1) upon review of a written application for an extension of time by the person requesting the review, but no application for review of a decision shall be accepted beyond one year from the date the commission's decision was communicated to the person making the application.

(1.2) An application under subsection (1) shall be in writing and shall identify how the decision is contrary to this Act, regulations and policy.

(1.3) Where an application does not comply with subsection (1.2) a review commissioner shall refuse to review a matter until the applicant complies with subsection (1.2).

(1.4) Where an applicant does not comply with subsection (1.2) within 30 days of receiving notification from the review division of the non-compliance, the decision of the commission shall not be reviewed under this Part.

(3) Subsection 28(4) of the Act is repealed and the following substituted:

(4) A review commissioner to which a matter has been referred for review shall

(a) notify the person seeking the review and the commission of the time and place set for the review; and

(b) review the decision of the commission and determine whether it was in accordance with this Act, the regulations and policy.

(4.1) Where a review commissioner determines that the decision of the commission was in accordance with this Act, the regulations and policy, he or she shall confirm the decision of the commission.

(4.2) Where a review commissioner determines that the decision of the commission was not in accordance with this Act, the regulations and policy, he or she shall identify how the decision of the commission was contrary to this Act, regulations and policy, specify the contravened provision, set aside the decision of the commission and

(a) make a decision which is in accordance with this Act, regulations and policy; or

(b) where it is appropriate to have a new decision from the commission, refer the matter to the commission for a new decision with or without direction on an appropriate remedy.

(4.3) Where a matter is referred to the commission under subsection (4.2), the review commissioner shall not review a new decision except where a new application is made under subsection (1).

(4) Subsection 28(8) of the Act is repealed and the following substituted:

(8) A review commissioner shall communicate his or her decision, with reasons, to the person seeking the review, the commission and a person who appeared or made a submission on the review, within 60 days of the date of the application for review.

 

11. (1) Subsection 28.1(1) of the Act is amended by striking out the words "decision of a commissioner" and substituting the words "decision of a review commissioner".

(2) Subsection 28.1(2) of the Act is amended by striking out the words "one month" and substituting the number and word "30 days".

(3) Subsection 28.1(3) of the Act is repealed and the following substituted:

(3) The chief review commissioner shall review the application and, where he or she determines that reconsideration is appropriate, shall reconsider the decision, or order that the decision be reconsidered by another review commissioner who did not make the decision.

(4) Section 28.1 of the Act is further amended by adding immediately after subsection (3) the following:

(3.1) Where the decision to be reconsidered was made by the chief review commissioner, he or she shall refer the application to a different review commissioner who may in his or her discretion order that the decision be reconsidered, and conduct the reconsideration where one is ordered.

(5) Subsection 28.1(4) of the Act is repealed and the following substituted:

(4) A review commissioner shall communicate his or her decision, with reasons, on the application for reconsideration to the person seeking the reconsideration, the commission and a person who appeared or made a submission on the reconsideration

(a) within 45 days of the date of the application for reconsideration, where an oral hearing is not held; and

(b) within 60 days of the date of the application for reconsideration, where an oral hearing is held.

(4.1) Subsections 28(4.1) to (4.3) shall apply to the reconsideration process, with the necessary changes.

 

12. The Act is amended by adding immediately after section 43 the following:

Proportionate compensation

43.1 Notwithstanding paragraph 2(1)(o), where a worker suffers personal injury arising out of and in the course of employment that

(a) aggravates, activates or accelerates a condition, disease or disability existing prior to the injury; or

(b) is aggravated, activated or accelerated by causes other than the injury,

compensation is payable for the proportion of the loss of earnings or permanent impairment that the commission determines is attributable to the injury.

 

13. Section 54.2 of the Act is repealed.

 

14. Section 57 of the Act is repealed and the following substituted:

Duties of health care provider

57. (1) A health care provider attending or consulted upon a case of injury to a worker shall provide reports in a form that may be required by the commission in respect of the injury.

(2) A health care provider in attendance upon an injured worker shall give reasonable and necessary information, advice and help to enable the worker or his or her dependents to apply for compensation and to provide proof that may be required by the commission.

 

15. Subsection 60(1) of the Act is repealed and the following substituted:

Proof required

60. (1) An issue related to a worker's entitlement to compensation shall be decided on a balance of probabilities and, where the evidence on each side of an issue is equally balanced, the issue shall be decided in favour of the worker.

 

16. The Act is amended by adding immediately after section 65 the following:

Payment to a remarried spouse

65.1 (1) A person whose monthly allowance as a surviving dependent spouse was terminated on or after April 17, 1985 due to his or her remarriage is entitled to receive the compensation that he or she would have received had the monthly allowance not been terminated.

(2) Notwithstanding section 43, no interest shall be paid on compensation which would have been paid from April 17, 1985 to December 31, 1992.

(3) No amount shall be paid under this section to the estate of a person.

 

17. (1) Subsection 74(2) of the Act is amended by striking out the words "a suitable occupation" and by substituting the words "suitable employment".

(2) Subsection 74(3) of the Act is repealed and the following substituted:

(3) The commission for the purpose of subsection (2) may determine that a worker is capable of working in suitable employment and estimate the wage he or she could earn in that employment.

 

18. (1) Subsection 74.1(1) of the Act is repealed and the following substituted:

Compensation to be reviewed

74.1 (1) Extended earnings loss benefits being paid to a worker may be reviewed periodically by the commission.

(1.1) Where a worker is in receipt of extended earnings loss benefits, the Consumer Price Index for Canada as published by Statistics Canada shall be applied annually to his or her estimated annual earnings resulting from the injury and the benefits shall be recalculated in accordance with subsection 74(2).

(2) Subsection 74.1(2) of the Act is amended by striking out the word and figure "subsection (1)" wherever they occur and substituting the word and figure "subsection (1.1)".

 

19. Sections 77 and 78 of the Act are repealed and the following substituted:

Recurrence

77. Where an injured worker suffers a recurrence of an injury, the compensation payable to him or her shall be based on the average weekly earnings at the time of his or her loss of earnings resulting from the recurrence of the injury, less compensation he or she is already receiving in respect of that injury.

Elimination of minimum compensation

78. (1) In this section, "former provision" means section 78 as it read before it was repealed and replaced by this section.

(2) Where a worker was in receipt of a minimum amount of extended earnings loss benefits in accordance with the former provision on the date this section comes into force, the earnings loss benefits being paid to that worker shall not be increased under subsection 74.1(1.1) until the amount of compensation being paid to that worker is equal to 80% of that worker's estimated annual earnings as adjusted by the application of the Consumer Price Index for Canada.

(3) Where a worker was in receipt of a minimum amount of earnings loss benefits other than extended earnings loss benefits in accordance with the former provision on the date this section comes into force, the earnings loss benefits being paid to that worker shall continue at the minimum amount for as long as he or she is otherwise entitled to those benefits.

(4) Where a worker referred to in subsection (3) becomes entitled to extended earnings loss benefits, subsection (2) shall apply.

 

20. (1) Subsection 85(2) of the Act is amended by striking out the words "doctor and attending" and by substituting the words "health care provider and".

(2) Subsection 85(3) of the Act is amended by striking out the word "doctor’s" and by substituting the words "health care provider".

(3) Subsection 85(4) of the Act is amended by striking out the word "doctor" and substituting the words "health care provider".

 

21. Part VI of the Act is repealed and the following substituted:

PART VI
RETURN TO WORK AND REHABILITATION

Rehabilitation

88. The commission may take those measures and make those expenditures that it may in its discretion consider necessary or expedient

(a) to help in getting injured workers back to work;

(b) to help in lessening or removing a handicap resulting from a worker’s injury;

(c) to help in the rehabilitative measures of personal care and home care; and

(d) to provide counselling, academic and vocational services to a dependent spouse who survives a worker, where the worker’s death resulted from an injury which occurred before July 1, 1996.

Duty to co-operate in return to work

89. (1) An employer shall co-operate in the early and safe return to work of a worker injured in his or her employment by,

(a) contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of the worker’s recovery;

(b) providing suitable employment that is available and consistent with the worker’s functional abilities and that, where possible, restores the worker’s pre-injury earnings;

(c) giving the commission the information the commission may request concerning the worker’s return to work; and

(d) doing other things that may be prescribed in regulations made under section 123.

(2) The worker shall co-operate in his or her early and safe return to work by,

(a) contacting his or her employer as soon as possible after the injury occurs and maintaining communication throughout the period of the worker’s recovery;

(b) assisting the employer, as may be required or requested, to identify suitable employment that is available and consistent with the worker’s functional abilities and that, where possible, restores his or her pre-injury earnings;

(c) accepting suitable employment identified under paragraph (b);

(d) giving the commission the information the commission may request concerning the worker’s return to work; and

(e) doing other things that may be prescribed in regulations made under section 123.

(3) The commission may contact the employer and the worker to monitor their progress on returning the worker to work to determine whether they are fulfilling their obligations to co-operate and to determine whether any assistance is required to facilitate the worker’s return to work.

(4) The employer or the worker shall notify the commission of any difficulty or dispute concerning their co-operation with each other in the worker’s early and safe return to work.

(5) The commission shall attempt to resolve the dispute through mediation and, if mediation is not successful, shall decide the matter within 60 days after receiving the notice or within the longer period that the commission may determine.

(6) Where mediation is provided under this section, the mediator shall not participate in a hearing or proceeding in relation to the subject of the mediation without the consent of the parties to the hearing or proceeding.

(7) Where the commission determines that a worker has failed to comply with this section, the commission may suspend, reduce or terminate the worker’s compensation.

(8) Where the commission determines that an employer has failed to comply with this section, the commission may levy a penalty on the employer not exceeding the cost to the commission of providing benefits, return to work and rehabilitation services to the worker while the non-compliance continues.

(9) A penalty payable under subsection (8) is an amount owing to the commission and may be added to the employer's assessment and payment enforced under section 118.

Obligation to re-employ

89.1 (1) An employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer shall offer to re-employ the worker in accordance with this section.

(2) This section applies only to an employer and a worker who had been in an employment relationship for a continuous period of one year immediately prior to the date of the worker's injury.

(3) This section does not apply to an employer who regularly employs fewer than 20 workers.

(4) The commission may determine the following matters on its own initiative or shall determine them if a worker and an employer disagree about the fitness of the worker to return to work:

(a) where the worker has not returned to work with the employer, whether the worker is medically able to perform the essential duties of his or her pre-injury employment or to perform suitable work; and

(b) where the commission has previously determined that the worker is medically able to perform suitable work, whether the worker is medically able to perform the essential duties of the worker’s pre-injury employment.

(5) When a worker is medically able to perform the essential duties of his or her pre-injury employment, an employer to whom this section applies shall,

(a) offer to re-employ the worker in the position that the worker held on the date of injury; or

(b) offer to provide the worker with alternative employment of a nature and at earnings comparable to the worker’s employment on the date of injury.

(6) When a worker is medically able to perform suitable work but is unable to perform the essential duties of his or her pre-injury employment, an employer to whom this section applies shall offer the worker the first opportunity to accept suitable employment that may become available with the employer.

(7) An employer to whom this section applies shall accommodate the work or the workplace for the worker to the extent that the accommodation does not cause the employer undue hardship.

(8) An employer is obligated under this section until the earliest of,

(a) 2 years after the date of injury;

(b) one year after the worker is medically able to perform the essential duties of his or her pre-injury employment; and

(c) the date on which the worker reaches 65 years of age.

(9) Where an employer re-employs a worker in accordance with this section and then terminates the employment within 6 months, the employer is presumed not to have fulfilled the employer’s obligations under this section.

(10) An employer may rebut the presumption in subsection (9) by showing that the termination of the worker’s employment was not related to the injury.

(11) Upon the request of a worker or on its own initiative, the commission shall determine whether an employer has fulfilled the employer’s obligations to the worker under this section.

(12) The commission is not required to consider a request under subsection (11) by a worker who has been re-employed and whose employment is terminated within 6 months where the request is made more than 3 months after the date of termination of employment.

(13) Where the commission decides that an employer has not fulfilled the employer’s obligations to a worker, the commission may,

(a) levy a penalty on the employer not exceeding the amount of the worker’s net average earnings for the 12 months immediately preceding the beginning of the loss of earnings as a result of the injury; and

(b) make payments to the worker for a maximum of one year as if the worker were entitled to payments under section 74.

(14) A penalty payable under subsection (13) is an amount owing to the commission and may be added to the employer's assessment and payment enforced under section 118.

(15) Where this section conflicts with a collective agreement that is binding upon an employer, and the employer’s obligations under this section give a worker greater re-employment terms than does the collective agreement, this section prevails over the collective agreement.

(16) Subsection (15) shall not operate to displace the seniority provisions of a collective agreement.

(17) This section shall only apply in respect of an injury to a worker which occurs on or after January 1, 2002.

Labour market re-entry assessment and plan

89.2 (1) The commission shall provide a worker with a labour market re-entry assessment where

(a) it is unlikely that the worker will be re-employed by his or her employer because of the nature of the injury;

(b) the worker’s employer has been unable to arrange work for the worker that is consistent with the worker’s functional abilities and that restores the worker’s pre-injury earnings; or

(c) the worker’s employer is not co-operating in the early and safe return to work of the worker.

(2) The commission shall determine, after reviewing the results of an assessment, whether a worker requires a labour market re-entry plan in order to enable the worker to re-enter the labour market and reduce or eliminate the loss of earnings that may result from the injury, and shall determine the employment that is suitable for the worker.

(3) Where the commission determines that a worker requires a labour market re-entry plan, the commission shall arrange for a plan to be prepared for the worker.

(4) A labour market re-entry plan shall be prepared in consultation with

(a) the worker and, unless the commission considers it inappropriate to do so, the worker’s employer; and

(b) the worker’s health care providers if the commission considers it necessary to do so.

(5) A plan shall contain the steps necessary to enable a worker to re-enter the labour market in the employment that is suitable for the worker.

(6) A worker shall co-operate in all aspects of a labour market re-entry assessment or plan provided to the worker.

(7) The commission shall pay the expenses related to a labour market re-entry assessment and plan that the commission considers appropriate to enable the worker to re-enter the labour market.

(8) Where a worker was injured prior to January 1, 2002 and has received services under section 89 as it read prior to January 1, 2002, the worker shall not be entitled to a labour market re-entry assessment or plan except where the commission considers it appropriate.

Provision of information

89.3 (1) Where a worker or a worker’s employer requests, a health care provider shall give the commission, the worker and the employer information concerning the worker’s functional abilities on the form that may be required by the commission.

(2) The commission shall pay a health care provider for providing information under this section and shall fix the fee to be paid.

(3) A person who receives the information in subsection (1) on behalf of an employer shall not disclose that information except to a person who is assisting the employer in returning the worker to work.

Construction industry

89.4 (1) Sections 89 and 89.1 shall not apply to a worker who performs construction work and to an employer who is engaged primarily in construction in respect of those of his or her workers who perform construction work.

(2) Notwithstanding subsection (1), a worker who performs construction work and an employer who is engaged primarily in construction shall be required to comply with the requirements respecting the duty to co-operate and the re-employment of those workers that may be prescribed in regulations made under section 123.

 

22. Subsection 101(2) of the Act is amended by striking out the word "and" at the end of paragraph (b), by striking out the period at the end of paragraph (c) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

(d) provide the commission with the financial statements or other information that the commission considers necessary to determine the employer's assessment.

 

23. Section 123 of the Act is amended by adding immediately after subsection (2) the following:

(2.1) The commission may, with the approval of the Lieutenant-Governor in Council, make regulations

(a) prescribing the obligations of an employer and a worker under section 89; and

(b) prescribing the obligations of an employer engaged primarily in construction and a worker who performs construction work in respect of a worker’s early and safe return to work and the re-employment of a worker.

 

24. Subsections 125(1) and (2) of the Act are repealed and the following substituted:

Offence

125. (1) A person who

(a) knowingly makes a false statement that affects or may affect the initial or continuing entitlement of a person to compensation or the liability of an employer to pay an assessment;

(b) wilfully fails to inform the commission of a change in circumstances that affects or may affect the entitlement of that person to compensation or the liability of that person to pay an assessment, within 10 days of the change; or

(c) otherwise contravenes this Act or the regulations,

is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term of not more than 6 months, or to both.

(2) Where a person is convicted of an offence under this section, the court may, in addition to the fine and a penalty imposed under this Act and the regulations, order the person to repay to the commission money obtained or retained by that person as a result of the commission of the offence.

(2.1) An order made under subsection (2) may be registered as a notice of judgment under the Judgment Enforcement Act.

(2.2) Nothing in this section affects the right of the commission to obtain a civil remedy in respect of the offence, including proceedings under section 83.1.

OCCUPATIONAL HEALTH AND SAFETY ACT

RSN1990 cO-3
as amended

25. Paragraph 5(f) of the Occupational Health and Safety Act is repealed and the following substituted:

(f) shall consult and co-operate with the occupational health and safety committee or the worker health and safety representative on all matters respecting occupational health and safety at the workplace;

(f.1) shall respond in writing within 30 days to a recommendation of the occupational health and safety committee or the worker health and safety representative at the workplace indicating that the recommendation has been accepted or that it has been rejected, with a reason for the rejection;

(f.2) shall provide periodic written updates to the occupational health and safety committee or the worker health and safety representative at the workplace on the implementation of a recommendation accepted by the employer until the implementation is complete;

(f.3) shall consult with the occupational health and safety committee or the worker health and safety representative at the workplace about the scheduling of workplace inspections that are required by the regulations, and ensure that the committee or the worker health and safety representative participates in an inspection; and

 

26. Paragraph 7(b) of the Act is repealed and the following substituted:

(b) shall consult and co-operate with the occupational health and safety committee or the worker health and safety representative at the workplace; and

 

27. The Act is amended by adding immediately after section 36 the following:

Health and safety program

36.1 (1) Where 10 or more workers are employed at a workplace, the employer shall establish and maintain an occupational health and safety program in accordance with the regulations.

(2) An occupational health and safety program shall be established in consultation with the occupational health and safety committee or the worker health and safety representative at the workplace.

(3) An occupational health and safety program shall include those documents that may be prescribed in the regulations.

(4) An occupational health and safety program shall be in writing and shall, when requested, be provided to the occupational health and safety committee, the worker health and safety representative, a worker at the workplace and an officer.

Health and safety policy

36.2 (1) Where less than 10 workers are employed at a workplace, the employer shall establish an occupational health and safety policy in accordance with the regulations.

(2) An occupational health and safety policy shall be established in consultation with the worker health and safety representative and posted in a prominent place at the workplace.

 

28. The Act is amended by adding immediately after section 38 the following:

Committee training

38.1 (1) Where 50 or more workers are employed at a workplace, the employer shall provide and pay for training for the members of the occupational health and safety committee at the workplace.

(2) Where 10 to 49 workers are employed at a workplace, the employer shall provide and pay for training for the co-chairpersons of the occupational health and safety committee at the workplace.

(3) The training provided under subsections (1) and (2) shall meet the requirements the Workplace Health, Safety and Compensation Commission may set.

(4) A member of the committee who is provided training under subsection (1) or (2) shall participate in the training.

(5) An employer shall compensate a worker for participating in training under this section as if the training were regular work.

 

29. Section 39 of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct;

 

30. Section 41 of the Act is repealed and the following substituted:

Worker representative

41. (1) Where less than 10 workers are employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the worker health and safety representative to monitor the health, safety and welfare of workers employed at the workplace.

(2) The employer shall provide and pay for training for the worker health and safety representative.

(3) The training provided under subsection (1) shall meet the requirements the Workplace Health Safety and Compensation Commission may set.

(4) The worker health and safety representative shall participate in the training provided under this section.

(5) An employer shall compensate a worker for participating in training under this section as if the training were regular work.

 

31. (1) Subsection 65(1) of the Act is amended by adding immediately after paragraph (b) the following:

(b.1) respecting the preparation, content and implementation of an occupational health and safety program and an occupational health and safety policy;

(2) Subsection 65(1) of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) requiring an employer to identify, assess and minimize the risk of a prescribed injury or disease to workers;

Commencement

32. Subsection 5(3), sections 8, 13, 21, 23, 24 to 30 and subsection 31(1) of this Act shall come into force on January 1, 2002.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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