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

Act current to 2016-04-12 and last amended on 2016-02-27. Previous Versions

Marginal note:Employer to provide information in emergency
  •  (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as the circumstances permit, any information referred to in paragraph 205.022(e) that is in the employer’s possession to any physician  — or other medical professional that is prescribed —  who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

  • Marginal note:Confidentiality

    (2) Any physician — or other medical professional that is prescribed — to whom information is provided by an employer under subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.

  • 2014, c. 13, s. 45.

Duties of Supervisors

Marginal note:Duty to take reasonable measures

 Every supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that they supervise at a workplace.

  • 2014, c. 13, s. 45.
Marginal note:Specific duties

 Every supervisor shall

  • (a) ensure that the employees that they supervise comply with the provisions of this Part and the regulations made under this Part;

  • (b) inform their employer and each of those employees of known or foreseeable health or safety hazards;

  • (c) if required to do so by their employer or the operator, provide those employees with written instructions as to the measures to be taken and the procedures to be followed for the protection of the employees; and

  • (d) report to their employer any failure to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator.

  • 2014, c. 13, s. 45.

Duties of Employees

Marginal note:Duty to take reasonable measures

 Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft.

  • 2014, c. 13, s. 45.
Marginal note:Specific duties  — workplace

 Every employee at a workplace shall

  • (a) cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;

  • (b) use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn;

  • (c) take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph (b);

  • (d) consult and cooperate with committees established for the workplace;

  • (e) cooperate with the Board and with persons carrying out duties or functions under this Part;

  • (f) follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and

  • (g) report to their employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.

  • 2014, c. 13, s. 45.
Marginal note:Specific duties  — passenger craft

 Every employee shall

  • (a) while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and

  • (b) while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.

  • 2014, c. 13, s. 45.
Marginal note:Limitation of liability  — employee

 No employee who, at the workplace or while — or immediately before — being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is personally liable for any injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.

  • 2014, c. 13, s. 45.

Duties of Suppliers and Providers of Services

Marginal note:Duty of supplier  — reasonable measures

 Every supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.

  • 2014, c. 13, s. 45.
Marginal note:Specific duties

 Every supplier shall ensure

  • (a) that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and

  • (b) if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.

  • 2014, c. 13, s. 45.
Marginal note:Duty of provider of services  — reasonable measures

 Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft.

  • 2014, c. 13, s. 45.
Marginal note:Specific duties

 Every provider of services shall

  • (a) when it provides services in connection with a workplace that are related to the placement, with an operator or employer, of individuals who, in return for monetary compensation, perform work or services for the operator or employer at the workplace, ensure that those individuals have the qualifications and certifications — including any that are prescribed — that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;

  • (b) ensure that any information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer, as the case may be, to make a competent judgment on the basis of the information; and

  • (c) ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.

  • 2014, c. 13, s. 45.

Duties of Owners, Interest Holders and Corporate Officials

Marginal note:Duty of owner  — reasonable measures

 Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in

  • (a) reducing the risks posed by hazards at the workplace; and

  • (b) assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization — are being complied with.

  • 2014, c. 13, s. 45.
Marginal note:Duty of interest holder  — reasonable measures

 Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with

  • (a) the provisions of this Part and the regulations made under this Part; and

  • (b) the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

  • 2014, c. 13, s. 45.
Marginal note:Duty of directors and officers of operators
  •  (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with

    • (a) the provisions of this Part and the regulations made under this Part; and

    • (b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

  • Marginal note:Duty of directors and officers of suppliers and providers of services

    (2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033.

  • Marginal note:Duty of directors and officers of interest holders

    (3) Every director and every officer of a corporation shall, if the corporation has duties under section 205.035, take all reasonable measures to ensure that the corporation complies with that section.

  • 2014, c. 13, s. 45.
 
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