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2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 31

THE WORKPLACE SAFETY AND HEALTH AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W210 amended

1           The Workplace Safety and Health Act is amended by this Act.

2           Section 1 is amended

(a) by replacing the definition "director" with the following:

"director" means the Director of the Workplace Safety and Health Branch appointed under subsection 14(4.1); (« directeur »)

(b) by repealing the definition "division";

(c) in the definition "owner", by replacing clauses (a) and (b) with the following:

(a) a trustee, receiver, mortgagee in possession, tenant, lessee, licensee or occupier of the land or premises, and

(b) a person who acts for or on behalf of an owner as an agent or delegate,

(d) by adding the following definitions:

"branch" means the Workplace Safety and Health Branch; (« Direction »)

"chief prevention officer" means the Chief Prevention Officer appointed under section 17.1; (« conseiller principal en prévention »)

"improvement order" means an order made under section 26; (« ordre d'amélioration »)

"stop work order" means an order made under section 36; (« ordre d'arrêt du travail »)

3           Subsection 2(2) is amended by striking out "and" at the end of clause (c), adding "and" at the end of clause (d) and adding the following after clause (d):

(e) the promotion of workers' rights

(i) to know about safety and health hazards in their workplaces,

(ii) to participate in safety and health activities at their workplaces,

(iii) to refuse dangerous work, and

(iv) to work without being subject to discriminatory action.

4           The English version of clause 7.4(5)(k) is amended by striking out "at intervals not less than every three years or sooner" and substituting "every three years or more often".

5           Section 12 is amended

(a) in the section heading, by striking out "of division"; and

(b) in the part before clause (a), by striking out "of the division".

6           Section 13 is amended

(a) in the part before clause (a), by striking out ", through the division,"; and

(b) by striking out "and" at the end of clause (d) and adding the following after that clause:

(d.1) make recommendations to the minister regarding workplace safety and health and the prevention of workplace injury and illness;

(d.2) coordinate examinations and investigations

(i) for determining the cause and particulars of any accident or ill health occurring to a worker, or self-employed person, and arising out of or in connection with activities in the workplace, or

(ii) for the prevention of accidents or ill health arising out of or in connection with activities in the workplace; and

7           The following is added after section 13 and before the centred heading that follows it:

Public reporting of orders and penalties

13.1        The director may issue public reports disclosing details of improvement orders, stop work orders and administrative penalties made or imposed under this Act. The reports may disclose personal information as defined in The Freedom of Information and Protection of Privacy Act.

8(1)        Clause 14(1)(e) is amended by striking out "to him by the advisory council" and substituting "to the minister by the advisory council or the chief prevention officer".

8(2)        Subsection 14(4) is replaced with the following:

Administration of Act

14(4)       This Act is to be administered through the Workplace Safety and Health Branch of the department.

Minister to appoint director

14(4.1)     The minister must appoint a person, in accordance with The Civil Service Act, as the Director of the Workplace Safety and Health Branch.

9           The following is added after section 17 and before the centred heading that follows it:

CHIEF PREVENTION OFFICER

Chief prevention officer

17.1(1)     The minister must appoint a person as the Chief Prevention Officer.

Term of appointment

17.1(2)     The chief prevention officer may be appointed for a term not exceeding five years and may be appointed for successive terms not exceeding five years.

Responsibilities

17.1(3)     The chief prevention officer has the following responsibilities:

(a) to provide advice to the minister

(i) on the prevention of workplace injury and illness, and

(ii) on any other matter, as requested by the minister;

(b) to develop recommendations, at the minister's request, respecting the prevention of workplace injury and illness;

(c) to provide an annual report to the minister respecting the prevention of workplace injury and illness that includes

(i) an analysis of serious incidents at workplaces, including injury data, in order to identify current and emerging issues and trends respecting workplace injury and illness,

(ii) information on the progress being made in implementing government measures to prevent workplace injury and illness, and

(iii) an analysis of the effectiveness of prevention activities undertaken during the year;

(d) to do any other thing in connection with the prevention of injury and illness in the workplace, as requested by the minister.

Annual report by chief prevention officer

17.1(4)     The minister must make the chief prevention officer's annual report available to the public by posting it on the department's website and by any other means the minister considers advisable.

Workplace injury and illness prevention recommendations

17.1(5)     The chief prevention officer's recommendations respecting the prevention of workplace injury and illness must include

(a) a statement of the goals for preventing injury and illness in the workplace;

(b) key performance indicators for measuring the achievement of the goals; and

(c) any other matter specified by the minister.

Consultation

17.1(6)     In preparing the recommendations, the chief prevention officer must consult with

(a) organizations representing workers;

(b) organizations representing employers;

(c) technical and professional bodies whose members are concerned with the general purposes of this Act;

(d) other departments of the government and agencies of the government; and

(e) any other persons or organizations that the minister considers advisable.

10(1)       The following is added after clause 18(1)(bb):

(bb.1) for the purpose of section 21, respecting the criteria to be used and the procedures to be followed when determining whether to make an order, or to reconsider an order, exempting a person or class of persons from any provision of a regulation;

(bb.2) for the purpose of section 40,

(i) respecting the procedures to be followed in determining whether to issue an order, or to reconsider an order, under subsection 40(6) or (7.1), and

(ii) respecting any additional criteria to be considered by the director under subsection 40(7);

10(2)       Clause 18(1)(cc) is amended

(a) by adding the following after subclause (i):

(i.1) prescribing provisions of this Act or the regulations for the purposes of subclauses 53.1(1)(a)(ii) and (2)(a)(ii),

(b) in subclause (ii), by striking out everything after "affected by" and substituting ", or the nature or frequency of, the matter that gave rise to the issuance of the notice of administrative penalty, and".

11(1)       Subsection 21(1) is amended by striking out "the director may issue" and substituting "the director may, in accordance with the regulations, make".

11(2)       Subsection 21(2) is amended by adding "and any criteria set out in the regulations are met" at the end.

11(3)       The following is added after subsection 21(2):

Terms and conditions of order

21(3)       The director may impose any terms or conditions in connection with the order that the director considers necessary to maintain the safety or health of a worker.

Reconsideration of exemption order

21(4)       If, after making an order under this section, additional information comes to the attention of the director, the director may, in accordance with the regulations, reconsider the order and

(a) confirm the order; or

(b) vary, suspend or revoke the order if the director believes that

(i) he or she would have come to a different decision if the information had been known when the order was made, or

(ii) a worker's safety or health is materially affected by the order.

12          Subsection 26(1) is amended by replacing the part after clause (b) with the following:

the officer may make an improvement order against that person, requiring that person to remedy the contravention within such period as may be specified in the order and stating the reasons for making the order and requiring the person to maintain compliance with the improvement order.

13(1)       Clause 35(a) is amended by striking out "or within a reasonable time if no period is specified,".

13(2)       Section 35 is further amended by renumbering it as subsection 35(1) and adding the following as subsection 35(2):

Achieving compliance with improvement orders

35(2)       Despite the submission of a report under subsection (1), the report is not determinative of whether or not the improvement order has been complied with. The person against whom an improvement order is made only achieves compliance with the order when an officer determines that compliance has been achieved.

14(1)       Subsection 36(1) is amended by replacing the part before clause (a) with the following:

Stop work order

36(1)       Where a safety and health officer is of the opinion that activities that involve, or are likely to involve, an imminent risk of serious physical or health injury are being carried on, or are about to be carried on, in a workplace, or where a contravention specified in an improvement order was not remedied and a warning was given in accordance with subsection 26(2), the officer may make a stop work order providing for any one or more of the following matters:

14(2)       The following is added after subsection 36(1):

Stop work order — multiple workplaces

36(1.1)     Where a safety and health officer is of the opinion that activities that involve, or are likely to involve, an imminent risk of serious physical or health injury are being carried on, or are about to be carried on, by workers of the same employer at more than one workplace, the officer may make a stop work order providing for any one or more of the following matters:

(a) the cessation of those activities;

(b) that all or part of any of the employer's workplaces be vacated;

(c) that no resumption of those activities be permitted by the employer at any of the employer's workplaces.

14(3)       Subsection 36(2) is amended by adding "or (1.1)" after "subsection (1)".

15(1)       Subsection 37(2) is amended by adding "and list the persons interested in the appeal" after "reasons for the appeal".

15(2)       The following is added after subsection 37(2):

Submissions from interested persons

37(2.1)     The director must give the interested persons listed in the notice of appeal an opportunity to provide oral or written submissions, as determined by the director, about the matter that is the subject of the appeal.

16          Subsection 39(2) is amended by adding "state the reasons for the appeal and must" after "The notice must".

17(1)       Subsection 40(1) is replaced with the following:

Workplace safety and health committee

40(1)       An employer must establish a workplace safety and health committee

(a) for each workplace where

(i) in the case of a seasonal workplace, at least 20 of the employer's workers are involved, or are expected to be involved, in work and the work is expected to continue for at least 90 days, and

(ii) in the case of any other workplace, at least 20 of the employer's workers are regularly employed; and

(b) for any other individual workplace or class of workplace designated by a written order of the director.

17(2)       Subsection 40(6) is amended by adding ", in accordance with the regulations," after "director may".

17(3)       Subsection 40(7) is amended by striking out "and" at the end of clause (b), adding "and" at the end of clause (c) and adding the following after clause (c):

(d) with respect to an order under subsection (6), any additional criteria set out in the regulations.

17(4)       The following is added after subsection 40(7):

Reconsideration re one committee for multiple workplaces

40(7.1)     If, after making an order under subsection (6), additional information comes to the attention of the director, the director may, in accordance with the regulations, reconsider the order and

(a) confirm the order; or

(b) vary, suspend or revoke the order if the director believes that

(i) he or she would have come to a different decision if the information had been known when the order was made, or

(ii) a worker's safety or health is materially affected by the order.

17(5)       Subsection 40(11) is replaced with the following:

Time off for committee work

40(11)      A member of a committee is entitled to take the following time off from his or her regular duties:

(a) one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting;

(b) the time required to attend each meeting of the committee;

(c) the time required to attend workplace safety and health training in accordance with section 44, as approved by the committee and the employer;

(d) such time as the committee determines is necessary to carry out his or her duties as a committee member under this Act and the regulations.

Entitlement to pay for work as committee member

40(12)      A member of a committee is deemed to be at work during the times described in subsection (11) and is entitled to be paid for those times by his or her employer at the member's regular or premium pay, as applicable.

Competency of committee members

40(13)      The employer or prime contractor must ensure that committee members are competent, because of knowledge, training or experience, to fulfill their duties as members of the committee.

18(1)       Subsection 41(1) is amended

(a) in clause (a), by striking out "10" and substituting "five"; and

(b) in clause (c), by striking out "which the minister may designate" and substituting "designated by a written order of the director".

18(2)       Subsection 41(6) is replaced with the following:

Time off for work as representative

41(6)       A representative is entitled to take the following time off from his or her regular duties:

(a) one hour to prepare for each safety and health meeting with the employer;

(b) the time required to attend each safety and health meeting with the employer;

(c) the time required to attend workplace safety and health training in accordance with section 44, as approved by the employer;

(d) such time as is necessary to carry out his or her duties as a representative under this Act and the regulations.

Entitlement to pay for work as representative

41(7)       A representative is deemed to be at work during the times described in subsection (6) and is entitled to be paid for those times by his or her employer at the representative's regular or premium pay, as applicable.

Competency of representatives

41(8)       The employer must ensure that the representative is competent, because of knowledge, training or experience, to fulfill his or her duties as a representative.

19(1)       The following is added after subsection 41.1(1):

Recommendation by co-chair of committee

41.1(1.1)   If a committee has failed to reach a decision about whether or not to make a recommendation under clause 40(10)(g) after attempting in good faith to do so, either co-chairperson may make written recommendations to the employer.

19(2)       Subsection 41.1(2) is replaced with the following:

Employer response to recommendations

41.1(2)     Within 30 days after receiving a recommendation from a representative, a committee or a committee co-chairperson that identifies anything that may pose a danger to the safety or health of any person, the employer must respond in writing to the representative, committee or committee co-chairperson who made the recommendation.

19(3)       Subsection 41.1(3) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):

(a.1) contain any interim control measures that the employer will implement to address the danger posed to the safety or health of a person; and

20          Section 41.2 is replaced with the following:

Information on request

41.2        If requested by a committee or a representative, or a worker if there is no committee or representative, the employer or prime contractor must disclose the following to the committee, representative or worker:

(a) information concerning the testing of any equipment, device or chemical or biological substance used at a workplace;

(b) an inspection or investigation report respecting safety and health at the workplace, other than a harassment investigation report;

(c) a report respecting workplace safety and health monitoring or audits;

(d) a report providing summary information on the results of a harassment investigation, without disclosing the circumstances relating to the complaint or any information that could identify a worker or other person involved with the matter.

21          Subsection 42(2) is amended by striking out "An employer" and substituting "In addition to the circumstances giving rise to discriminatory action as set out in subsection (1), an employer".

22(1)       Subsection 43(3) is amended

(a) by replacing the section heading with "Inspecting dangerous conditions"; and

(b) in the part before clause (a), by striking out "inspect the workplace" and substituting "inspect the dangerous condition".

22(2)       Subsection 43(4) is amended by striking out "inspect the workplace" and substituting "inspect the dangerous condition".

22(3)       Subsection 43(6) is replaced with the following:

Other workers not to be assigned

43(6)       When a worker has refused to work or do particular work under subsection (1), the employer shall not request or assign another worker to do the work unless

(a) the employer has advised the other worker, in writing, of

(i) the first worker's refusal,

(ii) the reasons for the refusal,

(iii) the other worker's right to refuse dangerous work under this section, and

(iv) the reason why, in the opinion of the employer, the work does not constitute a danger to the safety or health of the other worker, another worker or any person;

(b) where practicable, the first worker has advised the other worker of

(i) the first worker's refusal, and

(ii) the reasons for the refusal; and

(c) the actions required by subsections (3) and (4) have been taken.

23          Subsection 43.1(4) is amended in the part before clause (a) by adding ", in writing," after "he or she shall".

24(1)       Subsection 44(1) is replaced with the following:

Educational leave

44(1)       Subject to this section, every employer at a workplace where there is a committee or a representative, must allow each member of the committee, the representative, or their respective designates, to take educational leave each year, without loss of pay or benefits, for the purpose of attending workplace safety and health training seminars, programs or courses of instruction

(a) offered by the branch;

(b) approved by the committee; or

(c) provided for in the current collective bargaining agreement respecting the workers at the workplace.

Time allowed for educational leave

44(1.1)     The amount of time allowed for educational leave under subsection (1) is the greater of

(a) 16 hours; and

(b) the number of hours the worker normally works during two shifts.

24(2)       The following is added after subsection 44(2):

Pay while attending educational leave programming

44(2.1)     The employer must pay a committee member, representative or designate who attends a workplace safety and health training program referred to in subsection (1) at the worker's regular or premium pay, as applicable, for the greater of

(a) the actual number of hours spent attending the training; and

(b) the number of hours the worker normally works during a normal shift.

Exception

44(2.2)     Subsection (1) does not apply to an employer on a construction project or an employer at a seasonal workplace as described in subclause 40(1)(a)(i).

24(3)       The following is added after subsection 44(3):

Education program at seasonal workplace

44(4)       At a seasonal workplace as described in subclause 40(1)(a)(i), each employer must institute a safety and health education program at the workplace. All workers must attend the program without loss of pay or other benefits for a period or periods equivalent to 30 minutes every two weeks, of which no period may be less than 15 minutes, for the duration of the seasonal workplace.

25(1)       Subsections 53.1(1) and (2) are replaced with the following:

Administrative penalty

53.1(1)     If a person

(a) has failed to comply with

(i) an improvement order within the period specified in the order, or

(ii) a prescribed provision of this Act or the regulations, and a safety and health officer is of the opinion that the failure involves, or is likely to involve, an imminent risk of serious physical or health injury to a worker or other person;

(b) has failed to maintain compliance with an improvement order after initially complying with it;

(c) has resumed an activity that previously was the subject of a stop work order which was discontinued because the person had complied with it; or

(d) was ordered to take action under section 42.1 because the person took discriminatory action against a worker;

the officer shall provide evidence of the matter to the director.

Imposing a penalty

53.1(2)     When the director determines that a person

(a) has failed to comply with

(i) an improvement order within the period specified in the order, or

(ii) a prescribed provision of this Act or the regulations, and the director is of the opinion that the failure involves or is likely to involve an imminent risk of serious physical or health injury to a worker or other person;

(b) has failed to maintain compliance with an improvement order after initially complying with it;

(c) has resumed an activity that previously was the subject of a stop work order but was discontinued because the person had complied with it; or

(d) was ordered to take action under section 42.1 because the person took discriminatory action against a worker;

the director may issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice.

25(2)       Subsection 53.1(3) is amended by striking out "the period for appealing an improvement order" and substituting "any period for appealing the matter that gave rise to the notice under subsection (2)".

25(3)       Subsection 53.1(7) is amended by adding "together with reasons for the appeal" after "notice of the appeal".

25(4)       Subsection 53.1(9) is amended in the part before clause (a) by striking out "determine whether or not the person has failed to comply with an improvement order issued under subsection 26(1)" and substituting "decide the matter".

25(5)       Subsection 53.1(13) is replaced with the following:

No offence to be charged if penalty is paid

53.1(13)     A person who pays an administrative penalty under this section may not be charged with an offence in respect of the matter that gave rise to the issuance of the notice of administrative penalty unless the matter continues after the penalty is paid.

Lien for debt

53.1(14)    The government has, in addition to any other remedy it has for the recovery of a debt arising under this section, a lien and charge on every estate or interest in real property and personal property of the person required to pay the debt (referred to in this section as the "debtor"), including property acquired by the debtor after the debt arose.

Extent of security

53.1(15)    The lien secures the payment of

(a) the amount of the debt when the lien takes effect;

(b) interest on the debt from the time the debt arose until it is paid in full, as determined under The Financial Administration Act and the regulations under that Act; and

(c) costs reasonably incurred by the director

(i) for the registration and discharge of the lien, and

(ii) in retaking, holding, repairing, processing, preparing for disposition or disposing of property in respect of which the lien is registered.

When lien takes effect

53.1(16)    The lien takes effect

(a) in relation to the debtor's interest in real property, when a certificate in respect of the lien is registered against specific lands of the debtor; and

(b) in relation to the debtor's personal property, when a financing statement in respect of the lien is registered in the Personal Property Registry.

Registration and enforcement of lien

53.1(17)    Subsections 28(6) to (14) of The Pension Benefits Act apply, with necessary changes, to the registration and enforcement of a lien arising under this section as if

(a) the references in those provisions to "employer" were references to the debtor under this section; and

(b) the references in those provisions to "the superintendent" were references to the director under this Act.

C.C.S.M. c. W200 amended

26(1)       The Workers Compensation Act is amended by this section.

26(2)       Subsection 54.1(1) is replaced with the following:

Definitions

54.1(1)     In this section, "branch", "department", "health", "minister" and "safety" have the same meaning as in The Workplace Safety and Health Act.

26(3)       Subsection 54.1(2) is amended in the part before clause (a) by striking out "division" and substituting "branch".

26(4)       Subsection 54.1(4) is amended by striking out "division" and substituting "branch".

Coming into force

27          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Workplace Safety and Health Act. Key changes include

  • enabling a stop work order to apply to all Manitoba workplaces of an employer when similar activities at multiple workplaces involve, or are likely to involve, an imminent risk of serious physical or health injury;
  • providing for the appointment of a chief prevention officer and setting out the officer's mandate;
  • strengthening provisions for a worker exercising their right to refuse unsafe work;
  • requiring a worker safety and health representative in every workplace with 5 or more workers, rather than 10 or more;
  • requiring a workplace safety and health committee in seasonal workplaces, if there are at least 20 workers and the work is expected to continue for at least 90 days;
  • clarifying provisions for paid training and other activities of worker safety and health representatives and committee members; and
  • expanding the list of activities or contraventions for which administrative penalties may be imposed, and strengthening the enforcement of those penalties.

Consequential amendments are made to The Workers Compensation Act.