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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER O-3

AN ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY IN THE PROVINCE

Analysis

1. Short title

2. Definitions

3. Crown bound

4. Employers' general duty

5. Specific duties of employers

6. Workers' general duty

7. Specific duties of workers

8. Imminent danger

9. Duty of self-employed person

10. Duty of principal contractor

11. Duty of supplier

12. Advisory council

13. Chairperson

14. Members of council

15. Remuneration of members

16. Meetings of council

17. Duties of council

18. Subcommittees of council

19. Division continued

20. Chief Occupational Medical Officer

21. Occupational health and safety officers

22. No personal liability

23. Agreements with other governments

24. Transfers to division

25. Duties of division

26. Powers of investigation

27. Stop work orders

28. Remedial measures

29. Order re: equipment

30. Order to supplier

31. Rescission of orders

32. Appeal from order

33. Appeal to board

34. Effect of appeal

35. Copy of order

36. Codes of practice

37. Committees

38. Membership of committees

39. Duties of committees

40. Meetings of committee

41. Worker representative

42. Election of representative

43. Posting name

44. Duties of representative

45. Right to refuse to work

46. Report to supervisor

47. Report to division

48. Duty of worker

49. Discriminatory action prohibited

50. Discrimination

51. Allegation of discrimination

52. Remedies

53. Occupational health services

54. Reporting accidents

55. Scene of accident

56. Attendance at accident scene

57. Information

58. Medical examinations

59. When examination takes place

60. Duty of physician

61. Registration of workers

62. Medical reports

63. Inquiries

64. Administration costs

65. Regulations

66. Electrical regulations

67. Offences

68. Offence by corporation


Short title

1. This Act may be cited as the Occupational Health and Safety Act.

1978 c23 s1

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Definitions

2. In this Act

(a) "assistant deputy minister" means an assistant deputy minister appointed under the Department of Employment and Labour Relations Act;

(b) "board" means the Labour Relations Board referred to in the Labour Relations Act;

(c) "committee" means an occupational health and safety committee referred to in this Act;

(d) "council" means the Occupational Health and Safety Council referred to in this Act;

(e) "division" means the Occupational Health and Safety Division;

(f) "employer" means a person who employs 1 or more workers;

(g) "minister" means the Minister of Employment and Labour Relations;

(h) "occupation" means employment prescribed by the regulations as an occupation;

(i) "officer" means an occupational health and safety officer appointed under this Act and includes the Chief Occupational Medical Officer;

(j) "principal contractor" means the person primarily responsible for the carrying out of a project and includes the person who owns the thing in respect of which the project is being carried out;

(k) "self-employed person" means a person who is engaged in an occupation on his or her own behalf;

(l) "supplier" means a person who rents or leases tools, appliances or equipment to be used by a worker;

(m) "worker" means a person engaged in an occupation; and

(n) "workplace" means a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation.

1978 c23 s2; 1979 c46 s1; 1982 c39 s4;
1984 c40 Sch B; 1989 c25 Sch B

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Crown bound

3. This Act binds the Crown.

1978 c23 s3

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Employers' general duty

4. An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers.

1978 c23 s4

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Specific duties of employers

5. Without limiting the generality of section 4, an employer

(a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of his or her workers;

(b) shall, where it is reasonably practicable, provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers;

(c) shall ensure that his or her workers, and particularly his or her supervisors, are made familiar with health or safety hazards that may be met by them in the workplace;

(d) shall, where it is reasonably practicable, conduct his or her undertaking so that persons not in his or her employ are not exposed to health or safety hazards as a result of the undertaking;

(e) shall ensure that his or her workers are familiar with the use of devices and equipment provided for their protection;

(f) shall consult and co-operate with the occupational health and safety committee at the workplace, where 1 has been established or the worker occupational health and safety representative where 1 has been elected or appointed; and

(g) shall co-operate with a person exercising a duty imposed by this Act or regulations.

1978 c23 s5

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Workers' general duty

6. A worker, while at work, shall take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace.

1978 c23 s6

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Specific duties of workers

7. A worker

(a) shall co-operate with his or her employer and with other workers in the workplace to protect

(i) his or her own health and safety,

(ii) the health and safety of other workers engaged in the work of the employer,

(iii) the health and safety of other workers or persons not engaged in the work of the employer but present at or near the workplace;

(b) shall consult and co-operate with the occupational health and safety committee at the workplace where 1 has been established or the worker occupational health and safety representative where 1 has been elected or appointed; and

(c) shall co-operate with a person exercising a duty imposed by this Act or regulations.

1978 c23 s7

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Imminent danger

8. A worker shall not

(a) carry out work where there exists an imminent danger to his or her or another worker's health or safety or the health or safety of another person; or

(b) operate a tool, appliance or equipment that will create an imminent danger to his or her or another worker's health or safety or the health or safety of another person.

1978 c23 s8

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Duty of self-employed person

9. A self-employed person is bound by this Act with respect to the duties of employers or workers where these provisions are applicable.

1978 c23 s9

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Duty of principal contractor

10. A principal contractor engaged in a project shall ensure, where it is reasonably practicable for him or her to do so, that employers, workers and self-employed persons performing work in respect of that project comply with this Act and the regulations.

1978 c23 s10

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Duty of supplier

11. A supplier shall ensure, where it is reasonably practicable for him or her to do so, that tools, appliances or equipment that he or she supplies

(a) is in safe operating condition; and

(b) complies with the standards prescribed by the regulations.

1978 c23 s11

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Advisory council

12. The Occupational Health and Safety Council consisting of those persons who are appointed by the Lieutenant-Governor in Council is continued.

1978 c23 s12

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Chairperson

13. The Lieutenant-Governor in Council may designate 1 of the members of the council to be chairperson and another member to be vice-chairperson.

1978 c23 s13

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Members of council

14. (1) The membership of the council shall include equal representation from labour and management and shall also include representatives from the general public.

(2) Members shall be appointed for terms not exceeding 3 years and are eligible for reappointment.

(3) The assistant deputy minister, and the chairperson of the Workers' Compensation Commission, or their designates, shall be, by virtue of their offices, members of the council.

1978 c23 s14; 1982 c39 s4

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Remuneration of members

15. The members of the council shall be paid

(a) the remuneration that the Lieutenant-Governor in Council may prescribe; and

(b) their reasonable travelling and living expenses incurred by them in the course of their duties as members of the council.

1978 c23 s15

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Meetings of council

16. The council shall meet at least once yearly at the call of the minister or the chairperson, or in the absence of the chairperson, the vice-chairperson.

1978 c23 s16

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Duties of council

17. The council may advise the minister

(a) on the administration of the Act and the regulations;

(b) on occupational health and safety; and

(c) on those other matters relating to occupational health and safety that the minister has referred to the council for its advice.

1978 c23 s17

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Subcommittees of council

18. The Lieutenant-Governor in Council may establish and appoint subcommittees of the council.

1984 c24 s1

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Division continued

19. (1) The Occupational Health and Safety Division of the Department of Employment and Labour Relations is continued.

(2) The division shall administer this Act and the regulations.

1978 c23 s18; 1984 c40 Sch B; 1989 c25 Sch B

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Chief Occupational Medical Officer

20. (1) There may be appointed, in the manner provided by law, a Chief Occupational Medical Officer of the division.

(2) The Chief Occupational Medical Officer is to be a qualified medical practitioner in the province who has training and experience in occupational health and safety.

(3) A qualified medical practitioner in the province who does not have training and experience in occupational health and safety may be appointed as acting Chief Occupational Medical Officer.

1978 c23 s20; 1979 c46 s1

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Occupational health and safety officers

21. (1) There may be appointed, in the manner provided by law, occupational health and safety officers of the division, and other employees who may be necessary for the administration of this Act and the regulations.

(2) The minister may designate certain occupational health and safety officers as inspectors for the purposes of another Act or part of an Act that is to be administered by the division.

1978 c23 s21

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No personal liability

22. (1) An officer is not personally liable for anything done or omitted to be done by the officer in the performance of his or her duties under this Act or the regulations.

(2) Notwithstanding subsection 5(4) of the Proceedings Against the Crown Act, the liability of the Crown in respect of anything done or omitted to be done by an officer in the performance of his or her duties under this Act or the regulations is the same as if subsection (l) were not in force.

1979 c46 s2

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Agreements with other governments

23. (1) The minister may, with the approval of the Lieutenant-Governor in Council, enter into an agreement with the Government of Canada or of a province or an agency or body of the Government of Canada or of the government of a province or a national or provincial body or organization specifying the terms and conditions under which persons employed by the Government of Canada or of a province, an agency or body of the Government of Canada or of a province or a national or provincial body or organization may act as officers for the purposes of this Act.

(2) The minister may designate the officers referred to in subsection (1) as inspectors for the purposes of this or another Act that is administered by the division.

1990 c59 s1

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Transfers to division

24. (1) The Lieutenant-Governor in Council may, by order, designate agencies, divisions or parts of other departments of government, or of another body constituted by an Act, and their employees, to become part of the division.

(2) In an order made under subsection (1) the Lieutenant-Governor in Council may make other orders that are necessary to facilitate the transfer of those employees to the division who are not at the time of their transfer members of the public service.

(3) This section is not in derogation of the powers conferred upon the Lieutenant-Governor in Council under the Public Service Rearrangements and Transfers of Duties Act.

1978 c23 s22; 1979 c51 s22

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Duties of division

25. The division

(a) shall be concerned with occupational health and safety and the maintenance of reasonable standards for the protection of the health and safety of workers and self-employed persons in the province;

(b) shall, either alone or in conjunction with the Worker's Compensation Commission, the Department of Health or other departments and agencies, prepare morbidity and accident statistics of workers and self-employed persons;

(c) shall provide services to help occupational health and safety committees, worker health and safety representatives, employers, workers and self-employed persons in maintaining reasonable standards of occupational health and safety;

(d) shall promote or conduct studies and research projects in the field of occupational health and safety; and

(e) shall encourage and conduct educational programs through seminars and courses of training to promote occupational health and safety.

1978 c23 s23

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Powers of investigation

26. (1) For the purpose of ensuring compliance with the Act or regulations and an order made under either of them, the assistant deputy minister, or an officer

(a) may, at a reasonable hour and without prior notification, enter and inspect a workplace, with or without the help of other persons, where he or she has reasonable grounds to believe that workers or self-employed persons work or have worked;

(b) may require the production of records, books, plans or other documents that relate to the health and safety of workers or self-employed persons, examine them and remove them temporarily for the purposes of making copies;

(c) may conduct tests and take photographs or recordings of the work place and an activity taking place at the workplace;

(d) may inspect and take samples of a material, product, tool, appliance or equipment being produced, used or found in or upon the workplace; and

(e) may make examinations and conduct investigations that he or she considers necessary in order to determine the cause and particulars of an accident or illness occurring to a worker or self-employed person that appears to the investigator as having been caused as a result of an activity at the workplace.

(2) In conducting an investigation under this section, the assistant deputy minister or an officer has power to compel the attendance of witnesses and the production of books, documents and things, and to take evidence under oath or affirmation.

(3) At the request of an employer or principal contractor a person making an investigation under subsection (1) shall produce an identification card signed by the assistant deputy minister.

1978 c23 s24; 1982 c39 s4; 1984 c24 s2

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Stop work orders

27. (1) Where the assistant deputy minister or an officer is of the opinion that work is being carried out in a way that the conditions at the workplace pose an immediate risk to the health and safety of workers engaged in the workplace or other persons at or near the workplace, the assistant deputy minister or officer shall, in writing, order the person at the workplace responsible for the work being carried out

(a) to immediately stop all or a portion of the work and to vacate all or a portion of the workplace; and

(b) before resuming the work, to take the remedial measures specified in the order that are in the opinion of the assistant deputy minister or officer necessary to ensure that the work can be conducted without further risk to the health and safety of the workers or other persons at or near the workplace.

(2) Remedial measures ordered under paragraph (1)(b) may be taken notwithstanding the stop order.

(3) Where an order to stop work made under paragraph (1)(a) is in force the employer, subject to the provisions of a collective agreement, may assign a worker directly affected by the order work that is reasonably equivalent to the work that he or she normally performs, but the employer shall continue to pay the worker the wages or salary and grant him or her the benefits that he or she would have received if the order to stop work were not in force.

1978 c23 s25; 1982 c39 s4; 1983 c59 s1

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Remedial measures

28. Where the assistant deputy minister or an officer is of the opinion that a person is contravening this Act or the regulations the assistant deputy minister or officer shall, in writing, order that person to take the remedial measures specified in the order within the time stipulated in the order that are necessary to ensure compliance with this Act and the regulations.

1978 c23 s26; 1982 c39 s4

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Order re: equipment

29. Where the assistant deputy minister or an officer is of the opinion that a tool, appliance or equipment used by a worker or self-employed person

(a) is not in safe operating condition; or

(b) does not comply with the standards prescribed by the regulations

the assistant deputy minister of officer shall, in writing, order the worker or self-employed person to stop using that tool, appliance or equipment and order the employer to withdraw that tool, appliance or equipment from use.

1978 c23 s27; l982 c39 s4

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Order to supplier

30. Where a tool, appliance or equipment described in section 29 is being supplied by a supplier or is being sold by a person the assistant deputy minister or officer may order the supplier or other person to stop supplying or selling the tool, appliance or equipment.

1978 c23 s28; 1982 c39 s4

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Rescission of orders

31. The assistant deputy minister or officer who makes an order under sections 27 to 30 shall not rescind the order unless he or she is satisfied that the work, tool, appliance or equipment has been remedied so as not to pose a threat to the health and safety of the workers and self-employed persons engaged in the work or using the tool, appliance or equipment.

1978 c23 s29; 1982 c39 s4

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Appeal from order

32. (1) An order made under sections 27 to 30 by an officer may be appealed to the assistant deputy minister within 7 days of the order.

(2) An appeal under subsection (1) shall be in writing.

(3) The assistant deputy minister shall begin an investigation of the appeal within 24 hours of its receipt.

(4) The assistant deputy minister may confirm, revoke or vary the order of the officer.

1978 c23 s30; 1982 c39 s4

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Appeal to board

33. (1) An order made under sections 27 to 30 by the assistant deputy minister or made by an officer and confirmed or varied by the assistant deputy minister under section 32 may be appealed to the board within 30 days of the order, or the confirmation or variation of an officer's order by the assistant deputy minister.

(2) The board may confirm, revoke or vary the order of the assistant deputy minister, or his or her confirmation or variation of an officer's order.

(3) The decision of the board is final and not subject to review by a court.

1978 c23 s31; 1982 c39 s4

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Effect of appeal

34. An appeal under sections 32 and 33 does not stay the order being appealed from except as ordered by the assistant deputy minister or the board.

1978 c23 s32; 1982 c39 s4

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Copy of order

35. A copy of an order made under sections 27 to 30 or confirmed or varied under section 32 shall be provided by the officer or assistant deputy minister to the occupational health and safety committee at the workplace where 1 has been established or the worker health and safety representative at the workplace where a representative has been elected or appointed.

1978 c23 s33; 1982 c39 s4

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Codes of practice

36. (1) The minister may, in writing, require an employer or principal contractor to establish a code of practice, or adopt a code of practice specified by the minister.

(2) The code of practice may be revised or required to be revised by the minister.

(3) The code of practice shall be posted by the employer in a prominent place at the workplace.

1978 c23 s34

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Committees

37. The minister may order the establishment of occupational health and safety committees by an employer at workplaces where 10 or more workers are employed, to monitor the health, safety and welfare of the workers employed at the workplaces.

1978 c23 s35

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Membership of committees

38. (1) A committee shall consist of the number of persons that may be agreed to by the employer and the workers but shall not be less than 2 nor more than 12 persons.

(2) At least half of the members of a committee are to be persons representing the workers at the workplace who are not connected with the management of the workplace.

(3) The persons representing the workers on the committee are to be elected by other workers at the workplace or appointed in accordance with the constitution of the union of which the workers are members.

(4) Where the employer and workers cannot agree on the size of the committee, the minister may establish its size.

(5) The employer shall appoint sufficient employer representatives to ensure that the committee may function.

(6) The employer and worker members of a committee shall elect a co-chairperson from their respective groups.

(7) The employer shall post the names of the committee members in a prominent place at the workplace.

1978 c23 s36; 1978 c35 s26

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Duties of committees

39. A committee established under section 37

(a) shall seek to identify aspects of the workplace that may be unhealthy or unsafe;

(b) may make recommendations to principal contractors, employers, workers, self-employed persons and the assistant deputy minister or an officer for the enforcement of standards to protect the health, safety and welfare of workers at the workplace;

(c) shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;

(d) shall establish and promote health and safety educational programs for workers;

(e) shall maintain records as to the receipt and disposition of complaints received from workers under paragraph (c);

(f) shall co-operate with the assistant deputy minister or an officer who is exercising his or her duties under the Act; and

(g) shall perform those other duties and follow those procedures that may be prescribed by the regulations.

1978 c23 s37; 1982 c39 s4

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Meetings of committee

40. Meetings of a committee shall take place during regular working hours at least once every 3 months and a worker is not to suffer loss of pay or other benefits while engaged in a meeting of a committee.

1978 c23 s38

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Worker representative

41. Where a committee is not required to be established under section 37, the minister may designate by order individual workplaces, or classes of workplaces in which a worker not connected with the management of the workplace is to be designated as the worker health and safety representative to monitor the health, safety and welfare of the workers employed at the workplace.

1978 c23 s39

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Election of representative

42. The worker health and safety representative is to be elected by other workers at the workplace or appointed in accordance with the constitution of the labour union of which the workers are members.

1978 c23 s40

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Posting name

43. The employer shall post the name of the worker health and safety representative in a prominent place at the workplace.

1978 c23 s41

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Duties of representative

44. (1) A worker health and safety representative has the same duties as those imposed upon a committee under section 39, where that is reasonably practicable.

(2) A worker health and safety representative shall consult with his or her employer while performing his or her duties under subsection (1).

1978 c23 s42

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Right to refuse to work

45. (1) A worker may refuse to do work that the worker has reasonable grounds to believe is dangerous to his or her health or safety, or the health and safety of another person at the workplace

(a) until remedial action has been taken by the employer to the worker's satisfaction;

(b) until the committee or worker health and safety representative has investigated the matter and advised the worker to return to work; or

(c) until an officer has investigated the matter and has advised the worker to return to work.

(2) Where a worker refuses to do work under subsection (1) his or her employer may reassign the worker to other work that is reasonably equivalent to the work he or she normally performs and the worker shall accept the reassignment until he or she is able to return to work under subsection (1).

(3) Where a worker is reassigned to other work under subsection (2) the employer shall pay the worker the same wages or salary and grant him or her the same benefits the worker would have received had the worker continued in his or her normal work.

(4) Where a worker has reasonably refused to work under subsection (1) and has not been reassigned to other work under subsection (2) the employer shall pay the worker the same wages or salary and grant the worker the same benefits the worker would have received had the worker continued to work, until he or she is able to return to work under subsection (1).

(5) A reassignment of work under subsection (2) is not discriminatory action under section 49.

1978 c23 s43

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Report to supervisor

46. Where a worker exercises his or her right to refuse to work under section 45, or where he or she believes that a tool, appliance or piece of equipment, or an aspect of the workplace is or may be dangerous to his or her health or that of other workers at the workplace or another person at the workplace, the worker shall immediately report it to his or her supervisor.

1978 c23 s44

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Report to division

47. Where a worker has made a report under section 46 and the matter has not been remedied to the satisfaction of the worker he or she shall report it, either in writing or orally, to the division or an officer.

1978 c23 s45

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Duty of worker

48. A worker shall not take advantage of his or her right to refuse to work under section 45 without reasonable grounds.

1978 c23 s46

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Discriminatory action prohibited

49. An employer or union shall not take a discriminatory action against a worker by dismissing him or her or by deducting wages, salary or other benefits, or by taking other disciplinary action against him or her

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

(b) because the worker has testified or is about to testify in a proceeding or inquiry under this Act or regulations;

(c) because the worker has given information to an officer or another person concerned with the administration of the Act or regulations concerning the health, safety and welfare of workers at his or her workplace; or

(d) because the worker has reasonably refused to work under his or her right to do so under section 45.

1978 c23 s47

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Discrimination

50. Where disciplinary action is taken against a worker or he or she is dismissed following an act by him or her under section 49, the disciplinary action or dismissal shall be considered to be, in the absence of evidence to the contrary, discriminatory.

1978 c23 s48

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Allegation of discrimination

51. (1) Where a worker alleges that his or her employer has taken discriminatory action against the worker for a reason set out in section 49, the worker may,

(a) where a collective agreement is in force between a union, of which a worker who alleges discrimination is a member, and the employer, and the collective agreement provides for the use of a grievance procedure where discrimination is alleged, follow that grievance procedure; or

(b) apply to the board for a determination as to whether the action was discriminatory.

(2) Where a worker alleges that his or her union has taken discriminatory action against the worker for a reason set out in section 49, the worker may apply to the board for a determination as to whether the action was discriminatory.

1983 c59 s2

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Remedies

52. (1) Where the board makes a finding that an action was discriminatory it

(a) shall order the employer to reinstate the worker under the same terms and conditions under which the worker was formerly employed;

(b) shall order the employer to pay or make up to the worker his or her lost wages, salary and other benefits;

(c) shall order that a reference to the dismissal or disciplinary action on the employer's records be deleted; and

(d) shall order the reinstatement of the worker to his or her trade union where the worker has been expelled by the union.

(2) Where an order is made under this section or section 33 and is filed with the Registrar of the Supreme Court that order is enforceable as if it were a judgment or order of the Supreme Court.

1978 c23 s50

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Occupational health services

53. (1) The minister may designate a workplace or class of workplace as one requiring an occupational health service.

(2) Where a workplace or class of workplace has been designated under subsection (1) the employer shall establish and maintain an occupational health service.

(3) The minister may prescribe by order the services that an occupational health service shall provide.

1978 c23 s51

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Reporting accidents

54. (1) Where an accident takes place at a workplace

(a) that results in serious injury to a person or results in the death of a person; or

(b) that had, or continues to have, the reasonable potential of causing serious injury to or the death of a person

the employer, or principal contractor shall immediately notify the assistant deputy minister of the accident.

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

(3) In this section and section 55 "serious injury" means

(a) a fracture of the skull, spine, pelvis, femur, humerus, fibula or tibia, or radius or ulna;

(b) an amputation of a major part of a hand or foot;

(c) the loss of sight of an eye;

(d) a serious internal haemorrhage;

(e) a burn that requires medical attention;

(f) an injury caused directly or indirectly by explosives;

(g) an asphyxiation or poisoning by gas resulting in a partial or total loss of physical control; or

(h) another injury likely to endanger life or cause permanent injury,

but does not include injuries to a worker of a nature that may be treated through first aid or medical treatment and the worker is able to return to his or her work either immediately after the treatment or at his or her next scheduled shift.

1979 c46 s3; 1982 c39 s4

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Scene of accident

55. Except as otherwise directed by the assistant deputy minister or an officer, a person shall not disturb the scene of an accident that results in serious injury or death except as is necessary

(a) to attend to persons injured or killed;

(b) to prevent further injuries; and

(c) to protect property that is endangered as a result of the accident.

1978 c23 s53; 1982 c39 s4

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Attendance at accident scene

56. The assistant deputy minister or an officer shall, where practicable, go to the scene of an accident reported under section 54 and may make whatever inquiries that he or she considers necessary to determine the cause of an accident.

1978 c23 s54; 1982 c39 s4

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Information

57. A person present at an accident when it occurred or who has information relating to the accident shall, upon the request of the assistant deputy minister or an officer, provide to the assistant deputy minister or officer information respecting the accident that the assistant deputy minister or officer requests.

1978 c23 s55; 1982 c39 s4

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Medical examinations

58. The Chief Occupational Medical Officer may arrange, with a worker's consent, to have the worker medically examined by a physician authorized by the Chief Occupational Medical Officer to carry out the medical examination, in order to determine

(a) the extent of an injury suffered by a worker in the course of his or her occupation; or

(b) whether a worker is suffering from an occupational disease that is related to the worker's occupation.

1978 c23 s56; 1979 c46 s1

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When examination takes place

59. (1) A medical examination carried out under section 58, shall, where practicable, be carried out during the normal working hours of the worker.

(2) Where a worker is examined during his or her normal working hours, the worker's employer shall not make deductions of wages, salary or other benefits for the time lost by the employee in going to, attending, or returning from the medical examination.

1978 c23 s57

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Duty of physician

60. Where a physician finds that a person examined by him or her has an occupational disease the physician shall, within 7 days of the diagnosis,

(a) notify the assistant deputy minister, in writing, of the name, address and place of employment of the person and the nature of the occupational disease; and

(b) notify the person examined by the physician that he or she has an occupational disease and the nature of that disease.

1978 c23 s58; 1982 c39 s4

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Registration of workers

61. (1) Where a worker

(a) is engaged in an occupation prescribed by the regulations as a hazardous occupation; or

(b) works at a workplace or a class of workplace prescribed by the regulations as a hazardous workplace

the employer of the worker shall, within 10 days of the beginning of the worker's employment, register with the assistant deputy minister the name and address of the worker and the location of the workplace.

(2) Where a worker is registered under subsection (1) the assistant deputy minister

(a) may require that person to have medical examinations of the kind and frequency prescribed by the Chief Occupational Medical Officer; and

(b) may prescribe the form, content and maintenance of medical records to be compiled with respect to the worker.

(3) Where a worker registered under subsection (1) terminates his or her employment, the worker's employer shall notify the assistant deputy minister of that fact within 30 days of the termination.

1978 c23 s59; 1979 c46 s4; 1982 c39 s4

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Medical reports

62. (1) Where a physician

(a) has attended a worker who became ill or was injured while engaged in an occupation; or

(b) has performed a medical examination under section 58,

the physician shall, upon the request of the Chief Occupational Medical Officer, give him or her the medical reports of the worker that the Chief Occupational Medical Officer may require.

(2) Notwithstanding the Hospitals Act, a hospital shall, upon the request of the Chief Occupational Medical Officer, give the Chief Occupational Medical Officer those hospital records prepared by the staff of the hospital that he or she may require that relate to medical treatment given to a worker who became ill or was injured while engaged in an occupation.

1978 c23 s60; 1979 c46 s1

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Inquiries

63. (1) The minister may appoint a board of inquiry of 1 or more persons to inquire into a matter concerning the health or safety of workers employed

(a) at a particular workplace;

(b) by a particular employer or group of employers; or

(c) in an industry.

(2) A board of inquiry appointed under subsection (1) has the powers of a commissioner appointed under the Public Inquiries Act.

1978 c23 s61

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Administration costs

64. (1) The Workers' Compensation Commission shall pay, from assessments of employers under the scope of the Workers' Compensation Act the costs of the occupational health and safety unit and the education and research unit of the division.

(2) The amounts and the manner and the method of payments or funding under subsection (1) may be prescribed by regulation.

(3) The minister may pay out of the money or funds prescribed by regulation under this section, an annual grant to an association established to promote or involved in promoting occupational health and safety in the province.

1984 c24 s3

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Regulations

65. (1) The Lieutenant-Governor in Council may make regulations

(a) designating an employment as an occupation;

(b) setting out the health and safety standards to be established at workplaces or classes of workplaces;

(c) respecting the working environment, workplace and safety of workers as the Lieutenant-Governor in Council considers necessary for the protection of the life and health of workers employed in or about a mine;

(d) defining "mine";

(e) providing for the adoption and implementation of nationally uniform standards respecting the Workplace Hazardous Materials Information System regulated under the Hazardous Products Act (Canada), and other applicable federal legislation;

(f) establishing the amounts and the manner and the method of payments or funding to be made by the Workers' Compensation Commission under section 64;

(g) establishing conditions as to the design, construction and use of a plant or undertaking in order to protect the health and safety of workers;

(h) prescribing minimum standards of the facilities for the feeding, rest, hygiene and sanitary needs of workers;

(i) prohibiting or controlling the manufacture, supply or use of a plant, equipment or machinery;

(j) prohibiting or controlling the manufacture, supply, storage, handling or use of a substance or material in order to protect the health and safety of workers;

(k) imposing requirements with respect to the testing, labelling or examination of a substance or material that may affect the health and safety of workers;

(l) controlling or prohibiting the employment in specified circumstances of a person or class of persons where it is necessary to protect their health and safety;

(m) restricting the performance of certain tasks to persons having certain qualifications;

(n) requiring the making of arrangements by employers for the prevention of industrial disease and for securing the health of workers, including arrangements for medical examinations and health surveys;

(o) requiring the making of arrangements by employers for monitoring the atmospheric or other conditions of workplaces;

(p) prescribing standards for tools, appliances and equipment including the adoption of codes or standards, and providing for the prohibition of the sale, rental or lease of tools, appliances or equipment that do not meet the prescribed standards;

(q) requiring and governing medical facilities or first aid facilities to be located at workplaces;

(r) requiring the use of certain clothing and personal protection equipment by workers or classes of workers;

(s) designating occupations as hazardous occupations;

(t) designating a workplace or class of workplace as a hazardous workplace;

(u) requiring the making of reports by employers to the division;

(v) prescribing the fees payable for inspections and medical examinations required and permits issued under this Act or the regulations;

(w) respecting the appointment of committees to advise the minister on technical matters relating to occupational health and safety and the safe use of electricity;

(x) prescribing forms for use under this Act;

(y) prescribing records to be kept by employers and submitted to the division;

(z) prescribing procedures for the operation of committees, and the making of reports by committees; and

(aa) generally, to give effect to the purpose of this Act.

(2) Where a regulation is made under this section requiring a worker or an applicant for employment to obtain a medical examination, the employer of the worker and the prospective employer of the applicant shall pay the fee for that examination directly to the medical examiner.

1978 c23 s63; 1979 c46 s5; 1984 c24 s4; 1987 c20 s1

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Electrical regulations

66. (1) The Lieutenant-Governor in Council may make regulations necessary to provide for the safe use of electricity in the province

(a) prescribing the design, construction, installation, protection, use, maintenance, repair, extension, alteration and connection of products used or to be used with respect to the consumption of electricity;

(b) prohibiting the use of a product referred to in paragraph (a) until it has been inspected and approved in accordance with the regulations;

(c) prohibiting the advertising, display, offering for sale or other disposal and the sale and disposal of a product referred to in paragraph (a) until it has been inspected and approved in accordance with the regulations;

(d) prescribing the procedures to be taken in the sale or other disposal of a product referred to in paragraph (a) and the warnings and instructions to be given to purchasers and others in advertisements and otherwise in order to prevent the use of those products in that manner or under those conditions that might result in a hazard to persons or property; and

(e) adopting by reference in whole or in part with or without modification and a supplement or amendment to it, a code, rule or standard made by the Canadian Standards Association, relating or capable of application to a matter set out in this section.

(2) Occupational health and safety officers appointed under this Act may act as inspectors for the purposes of this section and have the same powers of investigation with respect to a place where electricity is consumed as an officer has under section 26.

(3) The assistant deputy minister, or an officer, may issue orders relating to work to be done with respect to the design, construction, installation, protection, use, maintenance, repair, extension, alteration and connection of products used or to be used with respect to the consumption of electricity in order that they comply with the regulations.

(4) A copy of a code, rule or standard and an amendment or supplement made to it, as adopted by reference under paragraph (1)(e) signed by the minister, shall be kept on record in the division and shall be available for inspection by members of the general public.

(5) The copy of a code, rule, or standard referred to in subsection (4) as signed by the minister is a copy of the code, rule or standard adopted or varied by the Lieutenant-Governor in Council under subsection (1), notwithstanding that a revised code, rule or standard has been made.

(6) An alleged infringement of the regulations made under paragraph (1)(e) is to be governed by the copy of the code, rule or standard signed under subsection (4).

(7) A certificate of the minister that a document is a copy of a code, rule or standard or a supplement or amendment to it, or an extract of it, is, in the absence of evidence to the contrary, proof of it.

1979 c46 s6; 1982 c39 s4

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Offences

67. (1) A person who

(a) contravenes this Act or the regulations;

(b) fails to comply with an order made under this Act or the regulations; or

(c) fails to follow a code of practice adopted under section 36,

is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both a fine and imprisonment.

(2) In addition to a fine imposed under subsection (1) the court may impose a fine not exceeding $1,000 for each day during which the offence continues.

1978 c23 s64

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Offence by corporation

68. Where a corporation has been convicted of an offence under section 67, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced or participated in the commission of the offence is guilty of an offence under that section.

1978 c23 s65

©Earl G. Tucker, Queen's Printer