C.C.S.M. c. W210
The Workplace Safety and Health Act
Table of Contents
DEFINITIONS | ||
1 | Definitions | |
PURPOSE OF THIS ACT | ||
2 | General objects and purposes | |
(2) | Specific objects and purposes | |
APPLICATION OF THIS ACT | ||
3 | Application of Act | |
DUTIES OF EMPLOYERS | ||
4 | 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 | 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 |
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7.4 | 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 |
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7.5 | 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 | 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 |
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8 | Effect on compensation | |
9 | Effect on liabilities | |
11 | (1) | [Repealed] |
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 | 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 | Chief occupational medical officer | |
(2) | Powers of chief occupational medical officer | |
(3) | Authorization for occupational health nurse | |
17.1 | [Repealed] | |
REGULATIONS, CODES AND STANDARDS | ||
18 | Regulations | |
(2) | Application of regulations | |
19 | Approval of codes of practice | |
(2) | Notice in Gazette | |
20 | Failure to observe code, no offence | |
(2) | Admissibility of codes as evidence | |
(3) | Certified copy of code required | |
(4) | Onus | |
21 | Exemption from regulation | |
(2) | Considerations on exemptions | |
(3) | Terms and conditions of order | |
(4) | Reconsideration of exemption order | |
SAFETY AND HEALTH OFFICERS | ||
22 | 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 | Powers of safety and health officers | |
(2) | Order for entry into residential premises | |
25 | Power of commissioner under Evidence Act | |
IMPROVEMENT ORDERS | ||
26 | Improvement orders | |
(2) | Stop work warning | |
27 to 31 | [Repealed] | |
33 | Remedial measures | |
34 | Period for compliance with improvement orders | |
35 | Reporting compliance with improvement orders | |
(2) | Achieving compliance with improvement orders | |
STOP WORK ORDERS | ||
36 | 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 |
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36.1 | 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 | Communication to workplace committees | |
(2) | Posting improvement order | |
APPEALS | ||
37 | 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 | |
37.1 | Confirmation of order or decision | |
38 | Referring an appeal to Board | |
(2) | Reasons | |
(3) | Director to give information to Board | |
39 | 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 |
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40 | 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 | 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 | 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 | Accompanying an officer | |
(2) | Employer co-operation | |
REPRISALS | ||
42 | Reprisals prohibited | |
(2) | Failure to pay wages or benefits | |
42.1 | Referring a complaint to an officer | |
(1.1) | Time limit | |
(2) | Order | |
(3) | Officer to advise if no reprisal | |
(4) | Onus on employer or union | |
(5) | Court order to reinstate, etc. | |
RIGHT TO REFUSE DANGEROUS WORK | ||
43 | 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 | 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 | Employer not to make worker work in unsafe conditions | |
(2) | Employer may remedy dangerous condition | |
EDUCATIONAL LEAVE | ||
44 | 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 |
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45.1 | 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 | Order to conduct tests | |
(2) | Service of order | |
47 | [Repealed] | |
48 | Confidential information | |
(2) | Names to remain confidential | |
49 | Exemption from liability | |
(2) | No exemption in case of negligence | |
49.1 | Officials cannot be compelled to testify | |
50 | Medical examinations and health surveillance | |
(2) | Examinations during working hours | |
(3) | Health surveillance | |
51 | Reports | |
(2) | Reports by hospitals | |
(3) | Information confidential | |
52 | Power to require alternative work | |
53 | Requirement of occupational health service | |
(2) | Minister may specify health services to be provided | |
(3) | Continued operation of health service | |
ADMINISTRATIVE PENALTIES | ||
53.1 | 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 | Penalty | |
(2) | [Repealed] | |
(3) | Additional penalty | |
(4) | Further penalty | |
(5) | Time limit for prosecution | |
55.1 | Additional penalties | |
(2) | Limit | |
(3) | Unpaid additional penalties | |
56 | Offences by directors, etc., of corporations | |
57 | Onus | |
(2) | Person deemed to be employer | |
(3) | Application of subsection (1) | |
58 | Laying of information | |
59 | [Repealed] |