Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Marginal note:Posting of information — employer

• 205.038 (1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.

• Marginal note:Program and codes of practice — employer

  (2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,

  • (a) a copy of the occupational health and safety program for the workplace; and

  • (b) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by the employer for the workplace.

• Marginal note:Material and information — employer

  (3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 205.037(3) and (4).

• Marginal note:Obligation to post satisfied

  (4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.

Marginal note:Chief Safety Officer information — operator

• 205.039 (1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

• Marginal note:Chief Safety Officer information — employer

  (2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

Marginal note:Provision of information to committees

• 205.04 (1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under section 205.074, notify all committees established for the workplace of the report and, subject to section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.

• Marginal note:Reports available to employees

  (2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.

Marginal note:Editing of report — trade secrets

• 205.041 (1) If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.

• Marginal note:Editing of report — medical information

  (2) If a report referred to in subsection 205.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.

• Marginal note:Edited report

  (3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.

Marginal note:Response to request for information — operator

• 205.042 (1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

• Marginal note:Response to request for information — employer

  (2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

• Marginal note:Limitation — special committees

  (3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.

• Marginal note:Other provisions

  (4) Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require.

Committees and Coordinator

Marginal note:Establishment

• 205.043 (1) Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety.

• Marginal note:Exception

  (2) Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it.

• Marginal note:Other committees

  (3) An occupational health and safety committee described in subsection 205.045(1) is deemed to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.

• Marginal note:Duties of workplace committee

  (4) A workplace committee shall

  • (a) receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety;

  • (b) participate in inspections referred to in paragraphs 205.013(q) and 205.019(1)(p), in the investigation of any matter under paragraph 205.022(f) and in the activities of any health and safety officers that pertain to a matter under section 205.049 or subsection 205.05(8) or 205.054(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;

  • (c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed;

  • (d) keep minutes of committee meetings in a form and manner approved by the Chief Safety Officer and provide a copy of those minutes, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

  • (e) perform any other duties that are assigned to it by the Chief Safety Officer or that are assigned to it under an agreement between the operator and any employers and employees — or the union representing them — at the workplace.

• Marginal note:Functions of workplace committee

  (5) A workplace committee may

  • (a) seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;

  • (b) advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs — and any procedures — required under this Part;

  • (c) advise on the provision of personal protective equipment suited to the needs of the employees;

  • (d) make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and

  • (e) participate in the activities described in subsection 205.079(1).

• Marginal note:Limitation of liability

  (6) An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

Marginal note:Number of members

• 205.044 (1) A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.

• Marginal note:Selection of members

  (2) The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator. The other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.

• Marginal note:Meetings

  (3) A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it.

• Marginal note:Time off work

  (4) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

• Marginal note:Rules of procedure

  (5) A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.

• Marginal note:Co-chairpersons

  (6) A workplace committee is to be co-chaired by two of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.

• Marginal note:Resolution of disagreements

  (7) If there is disagreement as to the size of a workplace committee, the selection of members or any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and provide those concerned with a written determination. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal.