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Statutes of Newfoundland and Labrador 2004


Statutes of Newfoundland and Labrador 2004 Chapter 31

CHAPTER 31

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

(Assented to December 16, 2004)

Analysis

1. S.96 R&S
Assessment or rate modification

2. S.106 Amdt.
Charges to other classes

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


RSNL1990 cW-11
as amended

1. Section 96 of the Workplace Health, Safety and Compensation Act is repealed and the following substituted:

Assessment or rate modification

96. (1) Where the commission considers it appropriate, it may establish a program of assessment or rate modification to consider

(a) an employer’s record, risk, cost or injury experience;

(b) an employer’s compliance with

(i) this Act and the regulations, and

(ii) policies and programs established under section 5; and

(c) an employer’s compliance with requirements that may be set by the commission in relation to

(i) provisions respecting health and safety committees, worker health and safety representatives and training for those committees and representatives in the Occupational Health and Safety Act or a regulation made under that Act,

(ii) provisions respecting health and safety programs and policies in the Occupational Health and Safety Act or a regulation made under that Act, and

(iii) where the employer is bound by Part II of the Canada Labour Code, the provisions of that Part and of the regulations made under that Part.

(2) A program established under subsection (1) may apply to all industries or may be restricted in application, or may apply in a different manner to an industry specified by the commission.

(3) Notwithstanding subsection (2), where the commission believes it would be appropriate to apply a program established under subsection (1) to an industry in a different manner, the commission shall seek the approval of the Lieutenant-Governor in Council to consult with the industry concerning the application by the commission of the program to the industry in a different manner.

(4) Where the Lieutenant-Governor in Council approves a consultation under subsection (3), and where, following the consultation, the commission proposes to apply a program established under subsection (1) to the industry with which it has consulted in a different manner, the application shall be subject to the approval of the Lieutenant-Governor in Council, but the Lieutenant-Governor in Council's approval shall only be given where the application to the industry would result in the setting or adopting of requirements by the commission equivalent to or greater than those contained in a program established under subsection (1).

(5) A program established under subsection (1) may provide for an increase or decrease to an employer’s assessment or rate, grant a refund or credit to an employer or levy a surcharge on an employer.

 

2. Subsection 106(2) of the Act is amended by striking out the words "a system of merit-demerit rating" and substituting the words "a program of assessment or rate modification".

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