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Statutes of Newfoundland and Labrador 2004


Statutes of Newfoundland and Labrador 2004 Chapter 52

CHAPTER 52

AN ACT TO AMEND THE OCCUPATIONAL HEALTH AND SAFETY ACT

(Assented to December 16, 2004)

Analysis

1. S.5 Amdt.
Specific duties of employers

2. S.7 Amdt.
Specific duties of workers

3. S.32 Amdt.
Appeal from order

4. S.33 Amdt.
Appeal to board

5. S.35 R&S
Copy of order

6. S.36.1 Amdt.
Health and safety program

7. S.36.2 Amdt.
Health and safety policy

8. Ss.42.1 & 42.2 Added
42.1 Workplace designate
42.2 Order re: worker
representative

9. S.43 Amdt.
Posting name

10. S.44 Amdt.
Duties of representative

11. S.49 Amdt.
Discriminatory action prohibited

12. S.54 Amdt.
Reporting accidents

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


RSNL1990 c0-3
as amended

1. Paragraphs 5(f), (f.1), (f.2) and (f.3) of the Occupational Health and Safety Act are repealed and the following substituted:

(f) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, where the employer is not the workplace health and safety designate, on all matters respecting occupational health and safety at the workplace;

(f.1) shall respond in writing within 30 days to a recommendation of

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate 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

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

on the implementation of a recommendation accepted by the employer until the implementation is complete;

(f.3) shall consult with

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

about the scheduling of workplace inspections that are required by the regulations, and ensure that the committee, the worker health and safety representative or the workplace health and safety designate participates in the inspection; and

 

2. 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, the worker health and safety representative or the workplace health and safety designate at the workplace; and

 

3. Subsection 32(1) of the Act is amended by adding immediately after the words and numbers "sections 27 to 30" the words and number "and section 42.2".

 

4. Subsection 33(1) of the Act is amended by adding immediately after the words and numbers "sections 27 to 30" the words and number "and section 42.2".

 

5. Section 35 of the Act is repealed and the following substituted:

Copy of order

35. A copy of an order made under sections 27 to 30 and section 42.2 or confirmed or varied under section 32 shall be provided by the officer or assistant deputy minister to

(a) the occupational health and safety committee at the workplace where one has been established;

(b) the worker health and safety representative at the workplace where a representative has been elected or appointed; or

(c) the workplace health and safety designate at the workplace where one has been designated.

 

6. (1) Subsection 36.1(2) of the Act is amended by striking out the words "or the worker health and safety representative".

(2) Subsection 36.1(4) of the Act is amended by striking out the words and comma "the worker health and safety representative,".

 

7. Subsection 36.2(2) of the Act is amended by adding immediately after the words "the worker health and safety representative" the words "or the workplace health and safety designate".

 

8. The Act is amended by adding immediately after section 42 the following:

Workplace designate

42.1 (1) Notwithstanding section 41, where less than 6 persons are engaged at a workplace and the designation of a worker health and safety representative is impracticable, the employer may designate a workplace health and safety designate to monitor the health, safety and welfare of workers employed at the workplace.

(2) The workplace health and safety designate may be either

(a) a worker connected with the management of the workplace; or

(b) the employer, if the designation of a worker connected with the management of the workplace is not practicable.

(3) The workplace health and safety designate shall be appointed by the employer.

(4) The employer shall provide and pay for training for the workplace health and safety designate.

(5) The training provided under subsection (4) shall meet the requirements that the Workplace Health and Safety Compensation Commission may set.

(6) The workplace health and safety designate shall participate in the training provided under this section.

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

Order re: worker representative

42.2 Notwithstanding section 42.1, if the assistant deputy minister or an officer is of the opinion that a workplace health and safety designate cannot adequately monitor the health, safety and welfare of workers employed at the workplace, the assistant deputy minister or officer shall order, in writing, that a worker health and safety representative be designated under section 41.

 

9. Section 43 of the Act is amended by adding immediately after the words "the worker health and safety representative" the words "or the workplace health and safety designate".

 

10. (1) Subsection 44(1) of the Act is amended by adding immediately after the words "A worker health and safety representative" the words "or the workplace health and safety designate".

(2) Subsection 44(2) of the Act is 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 his or her employer while performing his or her duties under subsection (1).

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

 

11. Paragraph 49(a) of the Act is repealed and the following substituted:

(a) because of the workerís participation in or association with the committee, worker health and safety representative or workplace health and safety designate at the workplace, or because the worker is a worker health and safety representative or workplace health and safety designate;

 

12. Subsection 54(2) of the Act is repealed and the following substituted:

(2) Where an accident is reported under subsection (1), notification shall immediately be given to the committee, the worker health and safety representative or the workplace health and safety designate.

 

 

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