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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) | |
| (2) | |
| DUTIES AND POWERS OF THE DIRECTOR | |
| 12 | Duties of director of division |
| 13 | Powers of director |
| DUTIES AND POWERS OF THE MINISTER | |
| 14(1) | Powers of minister |
| (2) | Remuneration and expenses |
| (3) | Payment of certain costs |
| (4) | Division to administer Act |
| (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 |
| 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 |
| 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 | |
| 32 | |
| 33 | Remedial measures |
| 34 | Period for compliance with improvement orders |
| 35 | Reporting compliance with improvement orders |
| STOP WORK ORDERS | |
| 36(1) | Stop work order |
| (2) | Improvement work not affected |
| (3) | |
| (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 |
| (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 |
| (8) | Membership of committee |
| (9) | Posting of names of members |
| (10) | Duties of committee |
| (11) | Members paid while carrying out committee duties |
| 41(1) | Workplace safety and health representative |
| (2) | Appointment of representative |
| (3) | Posting of name of representative |
| (4) | |
| (5) | Duties of representative |
| (6) | Representatives paid while carrying out duties |
| 41.1(1) | Definition: "employer" |
| (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 to committee or representative |
| 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 the workplace |
| (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 |
| (2) | Total number of safety and health committee members |
| (3) | Education program on construction sites |
| 45 | |
| 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 | |
| 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: failure to comply with improvement order |
| (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 |
| OFFENCES AND PENALTIES | |
| 54 | Offences |
| 55(1) | Penalty |
| (2) | |
| (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 |