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11 | (1) | Repealed |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 |