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The Workplace Safety and Health Act
This is an unofficial archived version of The Workplace Safety and Health Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. W210

The Workplace Safety and Health Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act,

"advisory council" means the Advisory Council on workplace safety and health established under this Act; ("Conseil consultatif")

"agency of the government" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board directors of which,

(a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or

(b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown: ("organisme gouvernemental")

"chief occupational medical officer" means the person designated as Chief Occupational Medical Officer under this Act; ("médecin du travail en chef)

"committee" means the workplace safety and health committee formed pursuant to this Act: ("comité")

"department" means such department of the government of Manitoba as may be designated by the Lieutenant Governor in Council for the purpose of this Act; ("ministère")

"director" means the person designated by the minister as the Director of the Workplace Safety and Health Division under this Act; ("directeur")

"discriminatory action" means any act or omission by an employer or any person acting under the authority of the employer or any union which adversely affects any term or condition of employment, or of membership in a union, and without restricting the generality of the foregoing includes lay-off. suspension, dismissal, loss of opportunity for promotion, demotion, transfer of duties, change of location of workplace, reduction in wages, or change in working hours but does not include the temporary relocation of a worker to other similar or equivalent work without loss of pay or benefits until a condition that threatens the safety or health of the worker is remedied; ("mesure discriminatoire")

"division" means the Workplace Safety and Health Division; ("Division")

"employer" includes

(a) every person who, by himself or his agent or representative employs or engages one or more workers, and

(b) the Crown and every agency of the government; ("employeur")

"health" means the condition of being sound in body, mind and spirit, and shall be interpreted in accordance with the objects and purposes of this Act; ("santé")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act: ("ministre")

"occupational health service" means a service organized in or near a workplace for the purposes of

(a) protecting workers against any health hazard that may arise out of their work or the conditions under which it is carried on, (b) ensuring the physical and mental adjustment of workers in their employment and ensuring their assignment to jobs for which they are suited, and

(c) contributing to the establishment and maintenance of a high degree of physical and mental well-being of the workers; ("service d'hygiène")

"occupational health nurse" means a registered nurse as defined by The Registered Nurses Act; ("infirmière hygiéniste")

"physician" means a duly qualified medical practitioner; ("médecin")

"principal contractor" means the person, partnership or group of persons primarily responsible for the carrying out of a project and includes the person, partnership or group of persons who own the thing in respect of which the project is being carried out; ("entrepreneur principal")

"project" means

(a) the construction, demolition, repair, alteration or removal of a structure, building, complex, street, road or highway, pipeline, sewage system or electrical telecommunication or transmission line, or (b) the digging of, working in or filling a trench or excavation, or

(c) the installation, modification, repair or removal of any equipment, machinery or plant, or

(d) the operation of a mineral extraction, natural resource management, manufacturing, industrial or other process, or

(e) any work designated by the director as a project; ("ouvrage" )

"safety" means the prevention of physical injury to workers and the prevention of physical injury to other persons arising out of or in connection with activities in the workplace; ("sécurité")

"safety and health officer" means a person designated as a safety and health officer under this Act; (" agent de sécurité et d'hygiène")

"union" means a union as defined under The Labour Relations Act; (" syndicat")

"welfare" means the conditions or facilities, in or near a workplace, provided for the feeding, rest, hygiene or sanitary requirements of a worker; ("bien-être")

"worker" includes

(a) any person who is employed by an employer to perform a service whether for gain or reward, or hope of gain or reward or not,

(b) any person engaged by another person to perform services, whether under a contract of employment or not

(i) who performs work or services for another person for compensation or reward on such terms and conditions that he is, in relation to that person, in a position of economic dependence upon that person more closely resembling the relationship of any employee than that of an independent contractor, and (ii) who works or performs services in a workplace which is owned or operated by the person who engages him to perform services,

(c) any person undergoing training or serving an apprenticeship at an educational institution or at any other place; ("travailleur")

"worker safety and health representative" means the person designated as a worker safety and health representative under this Act; ("délégué à la sécurité et à la santé des travailleurs")

"workplace" means any building, site, workshop, structure, mine, mobile vehicle, or any other premises or location whether indoors or outdoors in which one or more workers, or self-employed persons, are engaged in work or have worked. ("lieu de travail")

General objects and purposes.

2(1)

The objects and purposes of this Act are

(a) to secure workers and self-employed persons from risks to their safety, health and welfare arising out of, or in connection with, activities in their workplaces: and

(b) to protect other persons from risks to their safety and health arising out of, or in connection with, activities in workplaces.

Specific objects and purposes.

2(2)

Without limiting the generality of subsection (1), the objects and purposes of this Act include

(a) the promotion and maintenance of the highest degree of physical, mental and social well-being of workers;

(b) the prevention among workers of ill health caused by their working conditions;

(c) the protection of workers in their employment from factors promoting ill health; and

(d) the placing and maintenance of workers in an occupational environment adapted to their physiological and psychological condition.

Application of Act.

3

This Act applies to

(a) the Crown in right of Manitoba and every agency of the government;

(b) every employer, worker and self-employed person whose workplace safety, health and welfare standards are ordinarily within the exclusive jurisdiction of the Legislature to regulate; and

(c) the Crown in right of Canada, every agency of the government of Canada, and every other person whose workplace safety, health and welfare standards are ordinarily within the jurisdiction of the Parliament of Canada, to the extent that the Crown in right of Canada may submit to the application of this Act.

General duties of employers.

4(1)

Every employer shall in accordance with the objects and purposes of this Act

(a) ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers; and

(b) comply with this Act and regulations.

Further duties of employer.

4(2)

Without limiting the generality of an employer's duty under subsection (1), every employer shall

(a) provide and maintain a workplace, necessary equipment, systems and tools that are safe and without risks to health, so far as is reasonably practicable;

(b) provide to all his workers such information, instruction, training, supervision and facilities to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers;

(c) ensure that all his workers, and particularly his supervisors, foremen, chargehands or similar persons, are acquainted with any safety or health hazards which may be encountered by the workers in the course of their service, and that workers are familiar with the use of all devices or equipment provided for their protection;

(d) conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons who are not in his service are not exposed to risks to their safety or health arising out of, or in connection with activities in his workplace;

(e) consult and co-operate with the workplace safety and health committee where such a committee exists, regarding the duties and matters with which that committee is charged under this Act;

(f) consult and co-operate with the worker safety and health representative where such a representative has been designated, regarding the duties and matters with which that representative is charged under this Act;

(g) co-operate with any other person exercising a duty imposed by this Act, or the regulations.

General duties of workers.

5

Every worker while at work shall, in accordance with the objects and purposes of this Act,

(a) take reasonable care to protect his safety and health and the safety and health of other persons who may be affected by his acts or omissions at work;

(b) at all times, when the nature of his work requires, use all devices and wear all articles of clothing and personal protective equipment designated and provided for his protection by his employer, or required to be used and worn by him by the regulations;

(c) consult and co-operate with the workplace safety and health committee, where such a committee exists, regarding the duties and matters with which that committee is charged under this Act;

(d) consult and co-operate with the worker safety and health representative, where such a representative has been designated, regarding the duties and matters with which that representative is charged under this Act;

(e) comply with this Act and the regulations; and

(f) co-operate with any other person exercising a duty imposed by this Act or the regulations.

General duties of self-employed persons.

6

Every self-employed person shall, in accordance with the objects and purposes of this Act,

(a) conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he or any other person is not exposed to risks to his or that person's safety or health, arising out of, or in connection with, activities in his workplace;

(b) comply with this Act and the regulations; and

(c) co-operate with any other person exercising a duty imposed by this Act or the regulations.

Duties of principal contractor.

7

Every principal contractor engaged in a project shall, in accordance with the objects and purposes of this Act, ensure, so far as it is reasonably practicable, that every employer, every worker, and every self-employed person performing work in respect of that project complies with this Act.

Effect on compensation.

8

The failure to comply with any provision of this Act or the regulations does not affect the right of a worker to compensation under The Workers Compensation Act.

Effect on liabilities.

9

The liabilities and obligations of any person under The Workers Compensation Act are not decreased, reduced, or removed, by reason only of his compliance with the provisions of this Act or the regulations.

Division to administer Act.

10

The minister shall administer this Act through the division within the department known as the workplace safety and health division and shall appoint a person as the director of the division to manage and carry out its affairs.

Costs of administration.

11(1)

All expenses properly incurred in the administration of this Act, including the salaries of any safety and health officers or any other division employees appointed pursuant to this Act, shall be chargeable to the accident fund for which provision is made under The Workers Compensation Act; and the government may pay those expenses from the Consolidated Fund and recover them from the accident fund.

Consolidated Fund.

11(2)

Notwithstanding the provisions of subsection (1), to assist in defraying the expenses incurred in the administration of this Act moneys may be paid from the Consolidated Fund, if authorized by an Act of the Legislature to be so paid and applied.

Duties of director of division.

12

The director of the division shall, in accordance with the objects and purposes of this Act,

(a) be concerned with workplace safety and health generally, and with the maintenance of reasonable standards for the protection of the safety and health of workers and self-employed persons in Manitoba;

(b) be responsible for the administration of this Act and the regulations;

(c) submit from time to time to the minister such recommendations as he considers appropriate for the making of regulations;

(d) ensure that persons and organizations concerned with the purposes of this Act are provided with information and advice pertaining to its administration and to the protection of the safety and health of workers generally;

(e) prepare and maintain or cause to be prepared and maintained illness, death and accident statistics relating to workers and self-employed persons, and do so either alone or in conjunction with The Workers Compensation Board, the Department of Health, or any other department, agency or commission; and

(f) do such other things in connection with safety and health in the workplace as the minister may direct, for the purposes of carrying out the provisions of this Act and the regulations and the provisions of any other Act or regulations assigned to the minister for administration.

Powers of director.

13

The director, through the division, may, in accordance with the objects and purposes of this Act,

(a) provide assistance to persons concerned with safety and health in the workplace, and provide services to assist workplace safety and health committees, employers and workers in maintaining reasonable standards for the protection of the safety and health of workers;

(b) carry out studies and research, or cause studies and research to be carried out, and make arrangements for the publication of results of research, in matters relating to the safety and health of workers;

(c) encourage, develop and conduct, either alone or in co-operation with organizations concerned with the purposes of this Act, education and information programs for promoting the safety and health of workers and for improving the qualifications of persons concerned with workplace safety and health;

(d) make recommendations to the minister regarding grants of moneys for any of the purposes referred to in this section; and

(e) perform such other functions as the minister may direct for the proper administration of this Act and the regulations.

Powers of minister.

14(1)

The minister may, in accordance with the objects and purposes of this Act,

(a) authorize the director or any other person to investigate and make a special report to him on any accident, occurrence, or any matter of safety and health in the workplace;

(b) appoint the director or any other person to conduct a public inquiry into any matter of safety or health in the workplace, and the director or the person so appointed, for the purpose of an inquiry, has all the powers of a commissioner under Part V of The Manitoba Evidence Act;

(c) appoint consultants and advisors who are professionally or technically qualified to advise him in the making of regulations, or to advise him on the administration of this Act or regulations;

(d) call meetings of the advisory council on workplace safety and health;

(e) approve, with or without modifications, any recommendation submitted to him by the advisory council;

(f) do such other things as he deems necessary for the proper carrying out of this Act.

Remuneration and expenses.

14(2)

Subject to the approval of the Lieutenant Governor in Council, members of the advisory council and consultants or advisors may be paid such remuneration and out-of-pocket expenses as may be authorized by the minister.

Payment of certain costs.

14(3)

The minister may authorize the payment of certain costs

(a) for investigative and consultative services; and

(b) for medical examinations and reports made under this Act, the costs of which are not payable from public funds;

that may be carried out or rendered for the purposes of this Act.

Advisory council.

15(1)

The Lieutenant Governor in Council may in accordance with subsection (2) appoint a council to be known as "The Advisory Council on Workplace Safety and Health", which shall consist of a chairperson and not less than six or more than 12 members.

Composition of advisory council.

15(2)

Of the members appointed under subsection (1),

(a) 1/3 shall be appointed after consultations by the minister with organizations representing workers;

(b) 1/3 shall be appointed after consultations by the minister with organizations representing employers; and

(c) 1/3 shall be appointed after consultations by the minister with technical and professional bodies whose members are concerned with the general purposes of this Act.

Chairperson.

15(3)

In addition to the members appointed under subsection (1), the Lieutenant Governor in Council shall appoint a person, other than a person appointed under subsection (1), as chairperson of the advisory council; but the chairperson does not have a vote in the affairs of the advisory council.

Term of office.

15(4)

The chairperson and members of the advisory council shall hold office for a term of three years and thereafter until their successors are appointed.

Quorum.

15(5)

A majority of the members of the advisory council, which shall include two persons representing the views of workers and two persons representing the views of employers, constitute a quorum of the advisory council.

Meetings of council.

16(1)

The council shall meet at the call of the minister or the chairperson, but in any case at least once a year.

Jurisdiction of council.

16(2)

The council may advise or make recommendations to the minister on any one or more of the following matters:

(a) workplace safety and health generally, and the protection of workers in specific workplace situations;

(b) the appointment of consultants and advisors by the minister; and

(c) any matter relating to workplace safety and health on which the minister seeks the council's opinion.

Chief occupational medical officer.

17(1)

The minister shall appoint as chief occupational medical officer for the purpose of this Act, a person who is a duly qualified medical practitioner and who has training and experience in occupational medicine.

Powers of chief occupational medical officer.

17(2)

The chief occupational medical officer has all the powers of a workplace safety and health officer as set out in this Act, and such other powers as may be conferred upon him by the minister or the regulations.

Authorization for occupational health nurse.

17(3)

The chief occupational medical officer may provide written authority to a person who is an occupational health nurse to enter a workplace for the purpose of enforcing provisions of this Act, and a person so authorized shall have such duties and powers as are prescribed for the person by the chief occupational medical officer, but the duties and powers prescribed shall not include any duties and powers that are not prescribed for a person who is appointed as a safety and health officer under this Act.

Regulations.

18(1)

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) prescribing the standards to be established and maintained by employers and self-employed persons for the protection of the safety and health of workers and self-employed persons in workplaces;

(b) prescribing procedures, techniques, measures, steps and precautions to be taken for, or those that shall not be taken in the carrying on, or carrying out of any process or operation;

(c) imposing requirements with respect to any matter affecting the conditions in which persons work, including in particular such matters as the structural condition and stability of premises, the means of access to and egress from premises, cleanliness, temperature, lighting, ventilation, overcrowding, noise, vibrations, ionizing and other radiations, dust and fumes;

(d) prescribing minimum standards of certain welfare facilities for workers, including an adequate water supply, sanitary conveniences, washing and bathing facilities, ambulance and first-aid arrangements, cloakroom accommodations, sitting facilities and refreshment facilities;

(e) regulating or prohibiting the manufacture, supply, or use of any plant, equipment or machinery;

(f) prescribing requirements with respect to the design, construction, guarding, siting, installation, commissioning, examination, repair, maintenance, alteration, adjustment, dismantling, testing, inspection, use, or approval prior to installation or use, of any plant, undertaking, equipment, or machinery.

(g) prescribing requirements with respect to the marking of any plant, articles, equipment, or machinery used or manufactured in any workplace, and regulating or restricting the use of specified markings;

(h) regulating or prohibiting the manufacture, supply keeping, handling or use of any substance or material that may adversely affect the safety or health of workers;

(i) prescribing requirements with respect to the testing, labelling or examination of any substance or material to the extent that they affect or may affect the safety or health of workers;

(j) requiring the making of arrangements for the prevention of industrial diseases and for securing the health of workers, including arrangements for medical examinations and health surveys;

(k) requiring the making of arrangements for monitoring the atmospheric or other conditions in workplaces;

(l) prescribing requirements with respect to the instruction, training and supervision of workers;

(m) prescribing requirements with respect to the provision by employers, or the use by workers, of protective clothing or devices, including clothing affording protection against the weather;

(n) may restrict the performance of specified functions to persons possessing specified qualifications or experience;

(o) prescribing examinations and licences required by workers performing specified functions, and the fees for the examinations and licences;

(p) requiring a person to obtain a permit for the carrying on of any specified activity affecting the health or safety of workers, setting out the terms and conditions of the permit and the fee payable therefor;

(q) respecting the suspension, revocation or cancellation of any licence or permit issued under this Act;

(r) requiring the preparation, maintenance and submission of records, information and reports respecting statistical data pertaining to accidents, accident prevention, safety standards, industrial diseases, industrial disease prevention, and workplace health standards;

(s) restricting, prohibiting or requiring any activity where an accident or any other specified dangerous occurrence has occurred, or is likely to occur;

(t) respecting the composition and functioning of workplace safety and health committees, including the participation of workers in inspections and in related matters;

(u) prescribing the persons to whom, circumstances in which, and methods by which specified information concerning safety and health including the results of examinations, surveys or tests conducted under this Act shall be communicated;

(v) prescribing certificates or other means of identification of safety and health officers;

(w) prescribing the fees payable for inspections or examinations required under this Act;

(x) prescribing forms for use under this Act.

Application of regulations.

18(2)

A regulation made under subsection (1) may be made applicable generally to ail workplaces, or particularly to one or more workplaces, or to such classes thereof as may be specified therein.

Approval of codes of practice.

19(1)

For the purpose of providing practical guidance with respect to the requirements of my provision of the regulations, the director may approve and issue such codes of practice or any amendment or revision thereof as in his opinion are suitable for that purpose.

Notice in Gazette.

19(2)

Where a code of practice is approved by the director under subsection (1), he shall cause to be published in the Manitoba Gazette a notice identifying the code, specifying the provisions of the regulations to which it applies and stating the effective date of the approval.

Failure to observe code, no offence.

20(1)

The failure by any person to observe any provision of an approved code of practice is not of itself an offence.

Admissibility of codes as evidence.

20(2)

Where a person is charged with a breach of any provision of the regulations in respect of which the director has issued a code of practice, that code is admissible as evidence in a prosecution for the violation of the provision of the regulation.

Certified copy of code required.

20(3)

A copy of a code of practice, or any amendment or revision thereto as approved by the director, certified to be a true copy by the director shall be received as evidence in any court without proof of the signature or of the official character of the person purporting to have signed the certificate.

Onus.

20(4)

Where a code of practice is admitted as evidence under subsection (2), and a prima facie case of non-compliance with the code of practice is established, the onus is on the accused to prove that he has complied with the regulation.

Power of director to vary codes and standards.

21

Upon application in writing to the director, the director may. after consultation with other interested parties, vary any provision or standard of the code of practice to meet the special circumstances in a particular case, if the safety and health of any worker is not thereby jeopardized.

Appointment of safety and health officers.

22(1)

The minister may appoint persons as safety and health officers for the purpose of enforcing this Act and the regulations.

Agreements with other provinces.

22(2)

The minister may enter into an agreement with any province authorizing a person employed by that province to act as a safety and health officer for the purpose of this Act.

Inspections for other jurisdictions.

22(3)

The minister may consent to have a safety and health officer carry out safety and health inspections or other work on behalf of another province or the Government of Canada upon such terms and conditions as he deems advisable.

Credentials to be provided to safety and health officer.

22(4)

The minister shall provide each safety and health officer with written credentials of his appointment which the officer shall produce upon request when exercising or seeking to exercise any of the powers conferred on him under this Act.

Duties of safety and health officers.

23

A safety and health officer shall

(a) make such inspections and inquiries, and carry out such tests, as he deems necessary to ascertain whether compliance is being made with the provisions of this Act and the regulations; and

(b) carry out such other duties as may be assigned to safety and health officers under this Act or the regulations.

Powers of safety and health officers.

24(1)

For the purpose of enforcing this Act and the regulations, a safety and health officer may, at any reasonable time, or where in his opinion a situation exists that is or may he dangerous at any time

(a) without a warrant and without prior notification enter any place or premises in which he has reason to believe workers or selfemployed persons are working or were working, other than premises used for personal residential purposes;

(b) under the authority of an order made under subsection (2), enter any premises used for personal residential purposes in which he has reason to believe workers or self-employed persons are working or were working;

(c) take with him any other person, and such equipment and materials, as he needs to assist him; and arrange with the employer, or person in charge of the place or premises, for that other person to re-enter alone to perform specified duties;

(d) make such examinations and investigations as he deems necessary for determining the cause and particulars of any accident or ill health occurring to a worker, or self-employed person, and arising out of or in connection with activities in the workplace, or for the prevention of accidents or ill health arising out of or in connection with activities in the workplace;

(e) take such measurements and photographs, make such tests and recordings, and take such samples of articles or substances found in the place or premises, or of the atmosphere in or near the place or premises as he deems necessary;

(f) test or cause to be tested any equipment in the place or premises, or for the purposes of testing, require the equipment to be removed to a place designated by the director;

(g) cause any article, substance or sample taken pursuant to clause (e), to be dismantled or subjected to any process or test but not in such manner as to damage or destroy it unless under the circumstances damage thereto is unavoidable or necessary;

(h) in the case of any article, substance or equipment mentioned in clauses (e) and (g), to take possession thereof and detain it for so long as is necessary for use as evidence in any proceedings or prosecution under this Act;

(i) require any documents, books, or records that relate in any way to the safety and health in workplaces of workers, or self-employed persons, to be produced for inspection and to make copies thereof or take extracts therefrom;

(j) require any person to provide him with facilities or assistance with respect to any matters or things within that person's control, or in relation to which that person has responsibilities;

(k) in conducting any inspection, inquiry, investigation, or examination under this section, or under section 23 require any person, whom the officer has reasonable cause to believe to possess any information respecting the conditions of workplace safety, health and welfare, to attend an interview and to provide full and correct answers, either orally or in writing, to such questions as the officer thinks fit to ask; and the interview shall take place in the absence of persons other than a person nominated by the person being interviewed to be present, and any other person whom the officer may allow to be present;

(l) direct that any workplace, or part thereof, or anything therein, be left undisturbed for such time as is reasonably necessary for any of the purposes specified in clauses (d), (e) and (g);

(m) do such other things as may be authorized by the minister.

Order for entry into residential premises.

24(2)

A safety and health officer may apply to a judge of the Court of Queen's Bench for an order requiring the person in possession of any residential premises in which the safety and health officer has reason to believe workers or self-employed workers are working or were working to permit the safety and health officer to enter the residential premises for the purposes of inspecting them and, if the judge is satisfied that it is reasonable and necessary for the administration of the Act to grant such an order, he may grant the order.

Power of commissioner under Evidence Act.

25

A safety and health officer, for the purpose of conducting an inspection, inquiry or investigation under this Act or the regulations, has all the powers of a commissioner under Part V of The Manitoba Evidence Act.

Improvement orders.

26(1)

Where a safety and health officer is of the opinion that a person

(a) is contravening any provision of this Act or the regulations; or

(b) has contravened any provision of this Act or the regulations in circumstances which make it likely that the contravention will continue or be repeated;

the officer may make an order against that person hereinafter referred to as an "improvement order", requiring that person to remedy the contravention within such period as may be specified in the order, or within a reasonable time if no period is specified, and stating the reasons for making the order.

Stop work warning.

26(2)

Where the officer believes that the contravention referred to in clause (1)(a) or (b), involves or is likely to involve a serious risk to the safety or health of any person in or about the workplace, he may, in the improvement order specify that if the contravention is not remedied within the period mentioned therein, a stop work order may be issued in accordance with section 36.

Communication of improvement orders.

27

Where a safety and health officer makes an improvement order in respect of safety or health conditions in a workplace, other than in respect of a project site, the order may be communicated to the employer

(a) by delivering a copy thereof to the employer or his representative or agent: or

(b) where the employer or his representative or agent cannot be found after reasonable searches and inquiries for that purpose have been made, by posting a copy of the order in a conspicuous place at or near the workplace.

Communication of improvement orders respecting project sites.

28(1)

Where an officer makes an improvement order in respect of safety or health conditions at a project site the order may be communicated to the employer

(a) by delivering a copy thereof to the employer or his representative or agent; or

(b) by delivering a copy thereof to the foreman in charge of the work in respect of which the order is made; or

(c) where any of the persons mentioned in clause (a) or (b) cannot be found after reasonable searches and inquiries for that purpose have been made, by posting a copy of the order in a conspicuous place at or near the project site.

Additional communication respecting project site.

28(2)

Where an officer makes an improvement order in respect of safety or health conditions at a project site, a copy thereof shall be provided to the principal contractor responsible for the carrying out of the project.

Order deemed to be communicated to employer.

29

Where a copy of an improvement order is posted at a workplace under section 27 or at a project site under section 28, it shall be conclusively deemed to have been communicated to the employer of all workers employed at that workplace or at that project site 24 hours after the time when it is posted.

Communication of order to worker.

30

Where a safety and health officer makes an improvement order in respect of a contravention by a worker, the order may be communicated to the worker

(a) by delivering a copy thereof to the worker; or

(b) where the worker cannot be found after reasonable inquiries have been made, by sending a copy thereof by registered mail addressed to the latest known address of the worker for whom the order is intended.

Communication of order to self-employed persons.

31

Where a safety and health officer makes an improvement order in respect of a contravention by a self-employed person, the order may be communicated to that person

(a) by delivering a copy thereof to the selfemployed person; or

(b) where the person cannot be found after reasonable enquiries have been made, by sending a copy thereof by registered mail addressed to the latest known address of the person for whom the notice is intended.

Communication to workplace committees.

32(1)

A copy of every improvement order shall be provided by the safety and health officer to

(a) the workplace safety and health committee for the workplace with respect to which the order was made; or

(b) the worker safety and health representative, if no safety and health committee exists for the workplace.

Posting improvement order.

32(2)

Where there is no workplace safety and health committee or a worker safety and health representative for the workplace, the officer shall post in a prominent place at or near the workplace a copy of every improvement order.

Remedial measures.

33

An improvement order may, but need not, include directions as to the measures to be taken to remedy any contravention or matter to which the order relates, and those directions

(a) may be made by reference to any approved code of practice; and

(b) may set out different ways of remedying the contravention or matter.

Period for compliance with improvement orders.

34

Where an improvement order provides a period for compliance therewith

(a) the period shall begin at the time the order is communicated to the person against whom it is made;

(b) the order may be withdrawn by the safety and health officer at any time before the end of the specified period; or

(c) the period may be extended by the safety and health officer, unless an appeal against the order is made and not finally disposed of.

Reporting compliance with improvement orders.

35

The person against whom an improvement order is made shall

(a) on the third day prior to the expiry of the period specified in the order or any extension thereof or within a reasonable time if no period is specified, prepare a written report on the measures taken to remedy the contravention and on any measures yet to be taken;

(b) send a copy of the report to the workplace safety and health officer who made the order;

(c) provide a copy of the report to the workplace safety and health committee for the workplace with respect to which the order was made or to the worker safety and health representative, if no safety and health committee exists: and

(d) post in a prominent place a copy of the report if there is no safety and health committee or a worker safety and health representative for the workplace.

Stop work order.

36(1)

Where a safety and health officer is of the opinion that any activities which are being, or are about to be, carried on in a workplace, involve or are likely to involve an imminent risk of serious physical or health injury, or where a contravention specified in an improvement order was not remedied and warning was given in accordance with subsection 26(2), the officer may issue an order (hereinafter called a "stop work order") providing for any one or more of the following matters:

(a) the cessation of those activities;

(b) that all or part of the workplace be vacated;

(c) that no resumption of those activities be permitted by the employer.

Improvement work not affected.

36(2)

A stop work order does not prevent the doing of any work or thing that may be necessary in order to remove the risk of injury referred to in subsection (1).

Communication of stop work order.

36(3)

The safety and health officer shall communicate the stop work order to those persons mentioned in sections 27, 28, 30 and 31 in accordance with the procedure set out in those sections; and a stop work order so communicated takes effect immediately upon delivery or posting, as the case may be.

Duration of effect of stop work order.

37(1)

A stop work order under subsection (1), remains in force until it is set aside or varied by the Manitoba Labour Board or is withdrawn or discontinued by the director.

Appeal to vary or set aside stop work order.

37(2)

Any person affected by a stop work order, filed under subsection (1) may appeal not later than five days from the date of the order in writing to the Manitoba Labour Board to have the order set aside or varied.

Disposition of appeal by board.

37(3)

The Manitoba Labour Board upon receipt of an appeal under subsection (2) and after considering such evidence as may be adduced in connection therewith may confirm, set aside, vary, amend or suspend the stop work order; and the decision of the Board is final and binding and is not subject to question or review in any court of law.

Costs not allowed.

37(4)

No costs shall be allowed to any party in respect of an appeal under subsection (2).

Effect of appeal.

37(5)

An appeal under subsection (2) does not suspend the operation of the stop work order; but the director may suspend the operation thereof until the appeal is disposed of.

Extension of time for appeal.

37(6)

Notwithstanding subsection (2), the Manitoba Labour Board, may upon application, extend the period of time for filing an appeal under that subsection for such further period as it considers advisable.

Appeal to director against improvement orders.

38(1)

Any person aggrieved by an improvement order may, within three days of the communication of the order, appeal to the director, by giving notice and explanation, orally or in writing to the director.

Confirmation of oral notice.

38(2)

An oral notice and explanation presented pursuant to subsection (1) above shall be confirmed in writing within 24 hours after it is given.

Disposition of appeal.

38(3)

The director may affirm, amend or rescind the improvement order appealed against or make such other improvement order as he deems necessary, within a reasonable time after the receipt of the notice of appeal and shall provide reasons in writing for his decision.

Effect of appeal.

38(4)

An appeal against an improvement order under subsection (1) does not suspend the operation of the improvement order; but the director may suspend the operation thereof until the appeal is disposed of.

Appeal to the Labour Board.

39(1)

Any person aggrieved by a decision of the director under section 38 may appeal against the decision to the Manitoba Labour Board at any time within 14 days after the date of the decision by filing with that board a notice of appeal as prescribed by the regulations.

Notice of hearing of appeal.

39(2)

Upon receipt of a notice of appeal under subsection (1), the Manitoba Labour Board shall fix a date, time and place for the hearing of the appeal and shall give written notice thereof to the appellant and all other persons having an interest in the matter not later than five days prior to the date of the hearing.

Board's decision final.

39(3)

The decision of the Manitoba Labour Board is final and is not subject to question or review by any court of law.

Effect of appeal from decision of director.

39(4)

An appeal against a decision of the director does not under subsection (1) suspend the operation of the director's decision; but the chairman of the Manitoba Labour Board may suspend the operation of the director's decision until the appeal is finally disposed of.

Filing of decision in Court of Queen's Bench.

39(5)

A decision of the Manitoba Labour Board under subsection 37(3) or subsection (3), may be filed in the Court of Queen's Bench and upon the filing thereof it may be enforced in the same manner, to the same extent and with the same priorities as a judgment of that court may be enforced.

Workplace safety and health committees.

40(1)

Every employer or principal contractor, as the case may be, shall cause a workplace safety and health committee to be established

(a) at a workplace, other than a construction project, where at least 20 or more workers are regularly employed;

(b) at a construction project where the total floor space exceeds 50,000 square feet;

(c) at a construction project where there is the construction of

(i) a power generating station,

(ii) an oil refinery,

(iii) a chemical plant,

(iv) a steel mill,

(v) a pulp mill or paper mill or pulp and paper mill,

(vi) a brewery,

(vii) a distillery,

(viii) a compressor station,

(ix) a mining installation above the surface of the ground,

(x) a mineral refinery, or

(xi) a smelter; and

(d) at any other individual workplace or classes of workplaces which the minister may designate.

Exception or limitation to cl. (1)(a).

40(2)

Notwithstanding clause (1)(a), the Lieutenant Governor in Council may designate an individual business office or retail store, or classes of business offices or retail stores, or similar workplaces, where a safety and health committee is not required to be established until a number of workers exceeds 50.

Determination of number of workers.

40(3)

For the purposes of clauses (l)(a) and 41(l)(a) and subsection (2), the number of workers employed at a workplace shall be determined by averaging, over the previous 12 months, the number of full and part-time workers present each working day.

Membership of committee.

40(4)

The committee shall consist of not less than four or more than 12 persons, of whom at least one-half shall be persons representing workers other than workers connected with the management of the workplace, and shall be appointed in accordance with the constitution of the union which is the certified bargaining agent or has acquired bargaining rights on behalf of those workers, or where no such union exists, shall be elected by the workers they represent.

Posting of names of members.

40(5)

The employer shall cause the names of the committee members to be posted prominently in the workplace.

Continuing concern of committee.

40(6)

The committee shall have a continuing concern with respect to the safety and health of the workers in the workplace.

Duties of committee.

40(7)

The duties of the committee include

(a) the receipt, consideration and disposition of concerns and complaints respecting the safety and health of the workers;

(b) participation in the identification of risks to the safety or health of workers or other persons, arising out of or in connection with activities in the workplace;

(c) the development and promotion of measures to protect the safety, health and welfare of persons in the workplace, and checking the effectiveness of such measures;

(d) co-operation with the occupational health service, if such a service has been established within the workplace;

(e) co-operation with a safety and health officer who is exercising his duties under this Act;

(f) the development and promotion of programs for education and information concerning safety and health in the workplace;

(g) the maintenance of records in connection with the receipt and disposition of concerns and complaints and the attendance to other matters relating to the duties of the committee; and

(h) such other duties as may be specified in this Act or regulations.

Workplace safety and health representative.

41(1)

Each employer shall cause a worker not associated with management to be designated as the worker safety and health representative

(a) at a workplace, other than a construction project, where a safety and health committee is not required but where 10 or more workers are regularly employed;

(b) at a construction project, notwithstanding the requirements for a safety and health committee; and

(c) at any other individual workplace or classes of workplaces which the minister may designate.

Appointment of representative.

41(2)

The worker safety and health representative shall be appointed in accordance with the constitution of the union which is the certified bargaining agent or has acquired bargaining rights on behalf of those workers, or if no such union exists, shall be elected by the workers he represents.

Posting of name of representative.

41(3)

The employer shall cause the name of the representative to be posted prominently in the workplace.

Continuing concern of representative.

41(4)

The representative shall have a continuing concern with respect to the safety and health of the workers in the workplace.

Duties of representative.

41(5)

The worker representative shall, in co-operation with a representative of the employer, perform the same duties as set out for the workplace safety and health committees in section 40.

Discrimination against workers prohibited.

42(1)

No employer, union, or person acting on behalf of an employer or union shall take or threaten discriminatory action against a worker

(a) for exercising any right or carrying out any duty in accordance with the provisions of this Act or the regulations; or

(b) for the reason that the worker has testified or is about to testify in any matter, inquiry or proceeding under this Act; or

(c) has given any information to

(i) an employer or person acting on behalf of an employer,

(ii) a safety and health officer or any other person concerned with the administration of this Act, or

(iii) another worker or union representing a worker;

regarding workplace conditions affecting the safety, health or welfare of that person or any other workers.

Onus.

42(2)

Where, in a prosecution under this Act or in a proceeding before the Manitoba Labour Board, a worker establishes that he was subject to a discriminatory action, and where he establishes that he did conduct himself in a manner described in clause (l)(a), (b) or (c), there shall be a presumption that the discriminatory action was taken against the worker because that worker conducted himself in the manner described in either of those clauses; and the onus is on the employer, or union, as the case may be, to prove that the decision to take discriminatory action was not in any way influenced by that conduct on the part of the worker.

Right to refuse to work.

43(1)

A worker may refuse to perform work at a workplace where he has reasonable grounds to believe and does believe that the particular work is dangerous to his safety or health, or the safety and health of another worker or any other person.

Report of refusal and reasons therefor.

43(2)

Where in accordance with subsection (1) a worker refuses to work, the worker shall forthwith report his refusal and the reasons therefor to the immediate supervisor, foreman or any other person in charge at the workplace.

Recipient of report to carry out inspection.

43(3)

The person, receiving a report under subsection (2) or a person designated by him shall, together with the worker and at the option of the worker, another person representing the worker, make an immediate inspection of the worksite and take or cause to be taken such action as is necessary to remedy the dangerous conditions.

Worker may continue to refuse to work.

43(4)

Until the dangerous condition reported by a worker under subsection (2) is remedied

(a) the worker may continue to refuse to perform the particular work that the worker believed to be dangerous; and

(b) the employer shall not assign or require any other worker to perform the particular work unless that worker has been informed by the first worker, or a safety and health officer, of the worker's refusal to perform the work and the reason thereof.

Report to safety and health officer.

43(5)

Following completion of an inspection under subsection (3) if the dangerous condition is not remedied, any of the persons carrying out the inspection may notify a workplace safety and health officer of the refusal to work.

Investigation by safety and health officer.

43(6)

Upon receipt of a notification under subsection (5), the workplace safety and health officer shall forthwith carry out an investigation into the matter.

Report by safety and health officer.

43(7)

The workplace safety and health officer shall forthwith after completing the investigation under subsection (6), prepare a written report of the findings and forward a copy of the report together with any such order that is necessary, to

(a) the worker;

(b) the employer;

(c) the co-chairpersons of the workplace safety and health committee, or the safety and health representative, as the case may be; and

(d) the director.

Appeal to Manitoba Labour Board.

43(8)

The findings and any order of the workplace safety and health officer made under subsection (7) may be appealed by any person aggrieved thereby to the Manitoba Labour Board, not later than seven days following the date of the findings or order, as the case may be.

Employer not to make worker work in unsafe conditions.

43(9)

Where the employer at a workplace, or his agent, or supervisor, or foreman, or any other person representing the employer at the workplace in a supervisory capacity knows or ought to know, or is made aware of the existence of a condition at the workplace that is or is likely to be unusually dangerous to the safety or health of a worker, he shall not require or permit any worker to perform that work until the dangerous condition is remedied.

Employer may remedy dangerous condition.

43(10)

Subject to clause (4)(b), nothing in subsection (9) prevents the doing of any work or thing that may be necessary in order to remedy the dangerous condition described in subsection (9).

Educational leave.

44(1)

Subject to subsection (2), every employer, except an employer on a construction project, at a workplace where there is a workplace safety and health committee or where there is a workplace safety and health representative shall allow each member of the committee, the safety and health representative, or their respective designates, to take educational leave for a period of two normal working days to a maximum of 16 hours each year without loss of pay or other benefits for the purposes of attending workplace safety and health training seminars, programs or courses of instruction offered by the Workplace Safety and Health Division or approved by the Workplace Safety and Health Committee, or provided in the current collective bargaining agreement respecting the workers at the workplace.

Total number of safety and health committee members.

44(2)

The total number of safety and health committee members for whom the employer is required to provide educational leave in accordance with subsection (1) during any year is equal to the number of members constituting the normal size of the committee.

Education program on construction sites.

44(3)

On a construction project, each employer who employs five or more workers on that project shall institute a safety and health education program at the worksite at which all workers shall attend without loss of pay or other benefits for a period or periods equivalent to 30 minutes every two weeks, of which no period shall be less than 15 minutes.

Application to Labour Board.

45(1)

Where a worker alleges that his employer or a person acting on behalf of the employer or a union took discriminatory action against him, contrary to section 42 or 43, he may, in writing, apply to the Manitoba Labour Board for a determination as to whether or not the discriminatory action was taken contrary to the provisions of these sections.

Right to be heard.

45(2)

Upon receipt of an application under subsection (1), the Manitoba Labour Board shall hold a hearing and give an opportunity to all interested parties to be heard, to present evidence and to make representations.

Application of Labour Relations Act.

45(3)

Subsections 31(4) and 143(11) of The Labour Relations Act, apply with such modifications as the circumstances require, with respect to an application made under this section.

Obtaining of information.

46(1)

For the purpose of obtaining any information in connection with the objects and purposes of this Act, the director may serve on any person a notice requiring that person to furnish to him or to such other person specified in the notice, such matters as the notice may specify: and to do so in such form and manner, and within such time, as may be specified in the notice.

Service of notice.

46(2)

A notice under subsection (1) may be served personally or may be sent by registered mail addressed to the latest known address of the person for whom the notice is in ended.

Appeal to minister concerning notice.

46(3)

Any person upon whom a notice is served under subsection (1) may, within five clear days of the receipt of the notice, appeal to the minister by stating in writing why such a notice should be set aside, varied, amended or suspended.

Certificate of director as evidence.

46(4)

A certificate purporting to be signed by the director

(a) certifying that a notice was sent by registered mail to the person to whom it was addressed, accompanied by an identified post office certificate of the registration and a true copy of the notice; and

(b) certifying that the information has not been furnished as requested in the notice sent by the director;

is evidence of the facts set out therein without proof of the signature or official character of the person by whom the certificate purports to be signed.

Municipal building permit information.

47(1)

Subject to subsection (2), where a municipality has a by-law in force requiring a permit to be obtained before commencing any work or construction or any class of work or construction in that municipality, the secretary-treasurer of the municipality or the official of the municipality issuing the permit shall advise the director once each week of any such permit issued in the municipality giving the location and estimated cost of the work or construction.

Exception.

47(2)

The director may exempt a municipality from advising it of a certain class of permits issued by the municipality, and thereupon that municipality is not required to advise the director of the issue of any permit of that class.

Confidential information.

48(1)

No person shall disclose any information with respect to any manufacturing or trade secret obtained by him by virtue of the exercise of any power conferred by this Act, except for the purpose of administering this Act and the regulations, or as required by law.

Names to remain confidential.

48(2)

No person by whom information is obtained in confidence by virtue of any power conferred by this Act shall divulge the name of the informant to any person except for the purposes of this Act or the regulations.

Exemption from liability.

49(1)

No action lies or shall be instituted against any person whether in his public or private capacity, where the person is acting under the authority of this Act or the regulations for any loss or damage suffered by any person by reason of anything done or omitted to be done by him in good faith, in the exercise of the powers given to him by this Act or the regulations.

No exemption in case of negligence.

49(2)

Subsection (1) does not apply where the person exercising any of the powers given to him under this Act or the regulations is negligent in the performance thereof.

Medical examinations.

50(1)

The chief occupational medical officer may carry out or arrange to have carried out by another physician or other qualified person such medical examinations of workers or former workers as he deems desirable for the purpose of administering this Act and the regulations, but such examinations shall require the consent of the person to be examined.

Examinations during working hours.

50(2)

Medical examinations shall, wherever reasonably practicable, be conducted during working hours without loss in pay to the worker being examined and the employer shall, if required by the physician or other qualified person, provide suitable accommodation for such examinations at the workplace, and otherwise facilitate the conduct of those examinations.

Reports.

51(1)

Every physician or other qualified person attending or consulted respecting a person who,

(a) became ill or injured while employed at a . workplace or while being otherwise engaged as a worker; or

(b) who has been examined pursuant to section 50;

shall furnish to the chief occupational medical officer upon request of the officer such reports concerning the condition of the person as the chief occupational medical officer may require for the purposes of this Act and the regulations.

Reports by hospitals.

51(2)

Notwithstanding the provisions of any other Act, where a worker referred to in clause (1)(a) or (b) is, or has been, a patient in a hospital, the person in charge of the administrative affairs of that hospital shall furnish without charge to the chief occupational medical officer upon request such reports concerning the condition of the person as the chief occupational medical officer may require for the purposes of this Act and the regulations.

Information confidential.

51(3)

Unless disclosed in a form calculated to prevent the information from being identified as relating to a particular person or case or unless disclosed as required by law, any information obtained by the chief occupational medical officer pursuant to section 50 and this section shall not be disclosed without the consent of the person examined or attended.

Power to require alternative work.

52

Where it appears to the director upon the advice of the chief occupational medical officer that a worker has been over-exposed to a harmful substance and that a temporary removal from the hazard will enable the worker to resume his usual work, the director may by order require the employer to provide without loss of pay to the worker temporary alternative work which in the opinion of the director is suitable, for such period of time as the director may specify.

Requirement of occupational health service.

53(1)

The minister may designate a workplace, or a class of workplaces, as requiring an occupational health service, having regard to the type of work being carried on therein, the number of workers employed thereat, and the degree or uncertainty of hazard thereof: and upon such designation, the employer shall cause an occupational health service to be established and maintained for the workplace in accordance with this section.

Minister may specify health services to be provided.

53(2)

The minister may specify the services that are to be provided by the occupational health service for any workplace, or for any class of workplaces designated under subsection (1).

Continued operation of health service.

53(3)

The establishment and continued operation of an occupational health service is subject to the approval of the minister.

Offences.

54

Every person who

(a) fails to discharge a duty that he is required under section 4, 5, 6 and 7 to perform; or

(b) contravenes any health and safety regulation made under section 18; or

(c) contravenes any requirement or prohibition imposed by an improvement order or stop work order; or

(d) knowingly obstructs or makes a false statement to a safety and health officer engaged in the exercise or performance of his powers or duties; or

(e) knowingly makes or causes to be made a false entry in any register, book, notice or other document to be kept by him under the Act or the regulations, or deletes or destroys or causes to be deleted or destroyed any true or proper entry in any such document; or

(f) takes discriminatory action against a worker contrary to this Act; or

(g) contravenes any provision of this Act, not specified in this section, or fails to comply with an order or direction made under this Act or the regulations;

is guilty of an offence and is liable on summary conviction to the penalties described in section 55.

Penalty.

55(1)

A person guilty of an offence under any of clauses 54(a) to (f) is liable

(a) for a first offence to a fine of not more than $15,000. and, in the case of a continuing offence to a further fine not exceeding $2,500. for each day during which the offence continues; and

(b) for a second or subsequent offence to a fine of not more than $30,000. and, in the case of a continuing offence to a further fine not exceeding $5,000. for each day during which the offence continues.

Penalty.

55(2)

A person guilty of an offence under clause 54(g) is liable to a fine not exceeding $2,500.

Additional penalty.

55(3)

Where a person is convicted for an offence under this Act, in addition to the penalties set out in subsections (1) and (2), he may be imprisoned for a term not exceeding six months.

Further penalty for contravention of subsection 43(9).

55(4)

Where a person is convicted of an offence for a contravention of subsection 43(9), in addition to any penalty to which he may be subject under subsections (2) and (3), he shall not work in a supervisory capacity at any workplace for a period of six months from the date of his conviction.

Offences by directors, etc., of corporations.

56

Where a corporation commits an offence under this Act, any officer, director or agent of the corporation, who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable, on summary conviction, to the penalty provided for the offence.

Onus.

57(1)

In any proceedings for an offence under any of the provisions of this Act or regulations consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

Person deemed to be employer.

57(2)

Where a person is charged as an employer in respect of an offence under this Act he shall be deemed to be an employer within the meaning of this Act unless it is otherwise proven.

Application of subsection (1).

57(3)

Subsection (1) applies with such modifications as the circumstances require to an appeal under subsection 37(2) and subsection 39(1).

Laying of information.

58

Any person may lay an information in respect of any offence or alleged offence against this Act or the regulations.

Limitation on prosecutions.

59

No information shall be laid in respect of any offence under this Act or the regulations after the expiry of one year from the date of the alleged offence.