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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| 11 | (1) | Repealed |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 | |
| 14.1 | Review | |
| 15 | Repealed | |
| 16 | Repealed | |
| 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 | |
| INAPPROPRIATE OR UNSAFE FOOTWEAR | ||
| 45.2 | Inappropriate or unsafe footwear | |
| 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 | |