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4th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 238

THE WORKPLACE SAFETY AND HEALTH AMENDMENT ACT (ACCESS TO WASHROOMS FOR DELIVERY PERSONS)


  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

The following is added after section 45.2:

ACCESS TO WASHROOMS

Duties of owners — washroom access

45.3(1)

Subject to subsection (2), the owner of a workplace must ensure that access to a washroom is provided, on request, to a person who is present at the workplace to deliver anything to the workplace, or to collect anything from the workplace for delivery elsewhere.

Exceptions

45.3(2)

The owner is not required to provide access to a washroom at a workplace under subsection (1) if

(a) the owner is able to demonstrate that providing access to the washroom would

(i) place at risk the safety or health of any person in the workplace, including the person who requests to use the washroom, or

(ii) require the owner to take steps or implement measures that would constitute an undue hardship on the owner, given the activities carried out at the workplace, the security required by those activities and the layout of the workplace; or

(b) the washroom is in, or can be accessed only through, a dwelling.

Coming into force

3

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Workplace Safety and Health Act. In most circumstances, the owner of a workplace must provide access to a washroom, on request, to a delivery person attending the workplace.