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C.C.S.M. c. W210

The Workplace Safety and Health Act

DEFINITIONS
1 Definitions
PURPOSE OF THIS ACT
2 (1) General objects and purposes
(2) Specific objects and purposes
APPLICATION OF THIS ACT
3 Application of Act
DUTIES OF EMPLOYERS
4 (1) General duties of employers
(2) Further duties of employer
(3) Employer as supervisor
(4) Employer's duty re training
(5) Performing work activity during training
(6) Wages and benefits during training
DUTIES OF SUPERVISORS
4.1 Duties of supervisors
DUTIES OF WORKERS
5 General duties of workers
DUTIES OF SELF-EMPLOYED PERSONS
6 General duties of self-employed persons
DUTIES OF PRIME CONTRACTORS
7 (1) Requirement for prime contractor
(2) Prime contractor for construction project
(3) Duties of prime contractor
DUTIES OF CONTRACTORS
7.1 Duties of contractors
DUTIES OF OWNERS
7.2 Duties of owners
DUTIES OF SUPPLIERS
7.3 Duties of suppliers
WORKPLACE SAFETY AND HEALTH PROGRAM
7.4 (1) Establishment of workplace safety and health program
(2) Determining number of workers
(3) Program for multiple workplaces
(4) Considerations of director
(5) Content of program
(6) Requirement for consultation
(7) Program available on request
(8) Co-ordination of programs by prime contractor
DUTY TO PROVIDE REQUIRED INFORMATION
7.5 (1) Definition: "required information"
(2) Required information by prime contractor
(3) Required information by contractor
(4) Required information by owner
(5) Required information by owner of construction project
PERSONS WITH MULTIPLE FUNCTIONS
7.6 (1) Definition: "function"
(2) Multiple functions
7.7 Responsibility if duties apply to more than one person
RELATIONSHIP OF THIS ACT TO THE WORKERS COMPENSATION ACT
8 Effect on compensation
9 Effect on liabilities
10
11 (1) Repealed
(2)
DUTIES AND POWERS OF THE DIRECTOR
12 Duties of director
13 Powers of director
13.1 Public reporting of orders and penalties
DUTIES AND POWERS OF THE MINISTER
14 (1) Powers of minister
(2) Remuneration and expenses
(3) Payment of certain costs
(4) Administration of Act
(4.1) Minister to appoint director
(5) Consolidated Fund
ADVISORY COUNCIL
15 (1) Advisory council
(2) Composition of advisory council
(3) Chairperson
(4) Term of office
(5) Quorum
16 (1) Meetings of council
(2) Jurisdiction of council
(3) Review every five years
(4) Review at request of minister
CHIEF OCCUPATIONAL MEDICAL OFFICER
17 (1) Chief occupational medical officer
(2) Powers of chief occupational medical officer
(3) Authorization for occupational health nurse
CHIEF PREVENTION OFFICER
17.1 (1) Chief prevention officer
(2) Term of appointment
(3) Responsibilities
(4) Annual report by chief prevention officer
(5) Workplace injury and illness prevention recommendations
(6) Consultation
REGULATIONS, CODES AND STANDARDS
18 (1) Regulations
(2) Application of regulations
19 (1) Approval of codes of practice
(2) Notice in Gazette
20 (1) Failure to observe code, no offence
(2) Admissibility of codes as evidence
(3) Certified copy of code required
(4) Onus
21 (1) Exemption from regulation
(2) Considerations on exemptions
(3) Terms and conditions of order
(4) Reconsideration of exemption order
SAFETY AND HEALTH OFFICERS
22 (1) Appointment of safety and health officers
(2) Agreements with other provinces
(3) Inspections for other jurisdictions
(4) Credentials to be provided to safety and health officer
23 Duties of safety and health officers
24 (1) Powers of safety and health officers
(2) Order for entry into residential premises
25 Power of commissioner under Evidence Act
IMPROVEMENT ORDERS
26 (1) Improvement orders
(2) Stop work warning
27 to 31 Repealed
32
33 Remedial measures
34 Period for compliance with improvement orders
35 (1) Reporting compliance with improvement orders
(2) Achieving compliance with improvement orders
STOP WORK ORDERS
36 (1) Stop work order
(1.1) Stop work order — multiple workplaces
(2) Improvement work not affected
(3) Repealed
(4) Duration of stop work order
(5) Duration of varied order
(6) Workers must be paid
(7) If alternate work not available
(8) Appeal
COMMUNICATING IMPROVEMENT ORDERS AND STOP WORK ORDERS
36.1 (1) Communication of orders
(2) Communication to worker and self-employed person
(3) Communication of improvement order
(4) Communication of stop work order
(5) Directions for communication
36.2 Communication of orders to prime contractor
36.3 (1) Communication to workplace committees
(2) Posting improvement order
APPEALS
37 (1) Appeal can be made to director
(2) How to appeal
(2.1) Submissions from interested persons
(3) Hearing not required
(4) Decision
(5) Reasons
(6) Original decision remains in effect pending appeal
38 (1) Referring an appeal to Board
(2) Reasons
(3) Director to give information to Board
39 (1) Appeal to Board
(2) How to appeal
(3) Notice of hearing date
(4) Director is party
(5) Right to be heard
(6) Decision
(7) Order remains in effect pending appeal
(8) Order filed in Queen's Bench
(9) Appeal to Court of Appeal
WORKPLACE SAFETY AND HEALTH COMMITTEES AND REPRESENTATIVES
40 (1) Workplace safety and health committee
(2) Exception for construction project with prime contractor
(3) Committee for construction project site
(4) Determining number of workers
(5) More than one committee in a workplace
(6) Committee for multiple workplaces
(7) Considerations of director
(7.1) Reconsideration re one committee for multiple workplaces
(8) Membership of committee
(9) Posting of names of members
(10) Duties of committee
(11) Time off for committee work
(12) Entitlement to pay for work as committee member
(13) Training of committee members
41 (1) Workplace safety and health representative
(2) Appointment of representative
(3) Posting of name of representative
(4) Repealed
(5) Duties of representative
(6) Time off for work as representative
(7) Entitlement to pay for work as representative
(8) Training of representative
41.1 (1) Definition: "employer"
(1.1) Recommendation by co-chair of committee
(2) Employer response to recommendations
(3) Contents of employer response
(4) Referral to safety and health officer
(5) Order from officer
(6) No limitation
41.2 Information on request
41.3 (1) Accompanying an officer
(2) Employer co-operation
DISCRIMINATORY ACTION
42 (1) Discriminatory action against worker prohibited
(2) Failure to pay wages or benefits
42.1 (1) Referring a complaint to an officer
(2) Order
(3) Officer to advise if no discriminatory action
(4) Onus on employer or union
(5) Court order to reinstate, etc.
RIGHT TO REFUSE DANGEROUS WORK
43 (1) Right to refuse dangerous work
(2) Reporting the refusal
(3) Inspecting dangerous conditions
(4) Remedial action
(5) Worker may continue to refuse
(6) Other workers not to be assigned
43.1 (1) Report of dangerous condition to an officer
(2) Investigation by officer
(3) Order by officer
(4) Decision not to issue an order
43.2 Worker entitled to be paid despite refusal
43.3 (1) Employer not to make worker work in unsafe conditions
(2) Employer may remedy dangerous condition
EDUCATIONAL LEAVE
44 (1) Educational leave
(1.1) Time allowed for educational leave
(2) Total number of safety and health committee members
(2.1) Pay while attending educational leave programming
(2.2) Exception
(3) Education program on construction sites
(4) Education program at seasonal workplace
45 Repealed
NEEDLES IN MEDICAL WORKPLACES
45.1 (1) Use of safety-engineered needles
(2) If safety-engineered needles not practicable
(3) Procedures — needlestick injuries
(4) Investigation and report required
(5) Definitions
GENERAL PROVISIONS
46 Obtaining information
46.1 (1) Order to conduct tests
(2) Service of order
47 Repealed
48 (1) Confidential information
(2) Names to remain confidential
49 (1) Exemption from liability
(2) No exemption in case of negligence
49.1 Officials cannot be compelled to testify
50 (1) Medical examinations and health surveillance
(2) Examinations during working hours
(3) Health surveillance
51 (1) Reports
(2) Reports by hospitals
(3) Information confidential
52 Power to require alternative work
53 (1) Requirement of occupational health service
(2) Minister may specify health services to be provided
(3) Continued operation of health service
ADMINISTRATIVE PENALTIES
53.1 (1) Administrative penalty
(2) Imposing a penalty
(3) When penalty may be imposed
(4) Maximum amount
(5) Notice
(6) Serving the notice
(7) Appeal to the board
(8) Notice of hearing
(9) Decision of the board
(10) Payment
(11) Debt due to the government
(12) Certificate registered in court
(13) No offence to be charged if penalty is paid
(14) Lien for debt
(15) Extent of security
(16) When lien takes effect
(17) Registration and enforcement of lien
OFFENCES AND PENALTIES
54 Offences
55 (1) Penalty
(2) Repealed
(3) Additional penalty
(4) Further penalty
(5) Time limit for prosecution
55.1 (1) Additional penalties
(2) Limit
56 Offences by directors, etc., of corporations
57 (1) Onus
(2) Person deemed to be employer
(3) Application of subsection (1)
58 Laying of information
59 Repealed

 

 


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