Definitions

1   The following definitions apply in this regulation.

"Act" means The Workplace Safety and Health Act. (« Loi »)

"control measure" means

(a) the use, or prohibition of the use, of any tool, equipment, material, machine, or device;

(b) the use of personal protective equipment or protective clothing;

(c) the design or modification, replacement or elimination of any tool, equipment, machine, device, or industrial unit;

(d) the design or modification of a workplace;

(e) the development, implementation, modification or prohibition of any operation or process including an industrial or manufacturing process;

(f) the implementation, use or modification of a system or engineering control; or

(g) the supervision and training of workers respecting any work activity, process, practice or procedure. (« mesure de protection »)

Notice of administrative penalty

2   A notice of an administrative penalty must be in a form approved by the director and include the following:

(a) a description of the order or activity that caused the administrative penalty to be imposed;

(b) if the administrative penalty relates to an improvement order, whether a control measure was required;

(c) the authority in the Act for imposing the administrative penalty;

(d) whether it is the person's first, second, third or subsequent administrative penalty.

Prescribed provisions

3(1)   The following are the prescribed provisions of the Workplace Safety and Health Regulation, Manitoba Regulation 217/2006, for the purpose of subclauses 53.1(1)(a)(ii) and (2)(a)(ii) of the Act:

(a) section 14.3 (guardrails);

(b) section 14.6 (fall protection systems);

(c) subsection 25.4(1) (notice to electrical authority re work near overhead electrical line);

(d) section 26.4 (notice to the branch of an excavation);

(e) subsection 26.6(1) (notice to owners of underground facilities of an excavation);

(f) section 26.15 (support structure in open excavation);

(g) section 26.16 (support structure in trench);

(h) section 26.16.1 (support for structure adjacent to excavation);

(i) section 26.20 (immediate support structure when earth exposed);

(j) section 26.28 (support structure for deep foundation excavations);

(k) section 26.33 (support structure for shaft or tunnel);

(l) subsection 28.22(1) (notice to the branch re suspended work platform use);

(m) subsection 37.8(1) (alteration, renovation or demolition re asbestos-containing material);

(n) subsection 37.8(2) (notice to the branch re alteration, renovation or demolition that may release asbestos-containing material).

3(2)   The following are the prescribed provisions of the Operation of Mines Regulation, Manitoba Regulation 212/2011, for the purpose of subclauses 53.1(1)(a)(ii) and (2)(a)(ii) of the Act:

(a) section 4.7 (fall protection systems);

(b) section 12.6 (fall protection at open pit or quarry);

(c) section 18.4 (guardrails).

Administrative penalty amounts

4   The amount of the administrative penalty is to be determined in accordance with the Schedule.

Repeal

5   The Administrative Penalty Regulation, Manitoba Regulation 62/2003, is repealed.

Coming into force

6   This regulation comes into force on the same day that The Workplace Safety and Health Amendment Act, S.M. 2013, c. 9, comes into force.