Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2014-12-08 and last amended on 2014-12-03. Previous Versions

Allocation of Responsibility

Marginal note:Principles
  •  (1) The allocation of responsibility for occupational health and safety is based on the following principles:

    • (a) operators have overall responsibility; and

    • (b) operators, employers, suppliers, providers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.

  • Marginal note:Specific obligations not to limit general obligations

    (2) For greater certainty, the imposition of any specific obligation under this Part shall not be construed as limiting the generality of any other obligation under this Part.

  • 2014, c. 13, s. 84.

Duties of Operators

Marginal note:Duty to establish occupational health and safety policy
  •  (1) Every operator shall develop an occupational health and safety policy governing its workplaces.

  • Marginal note:Contents

    (2) The policy shall be set out in writing and contain

    • (a) the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;

    • (b) the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and

    • (c) any prescribed requirements.

  • Marginal note:Duty to review

    (3) The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces.

  • 2014, c. 13, s. 84.
Marginal note:Duty to take reasonable measures

 Every operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while — and immediately before  — being transported on a passenger craft to or from any of those workplaces.

  • 2014, c. 13, s. 84.
Marginal note:Specific duties  — workplace

 Every operator shall, in respect of each of its workplaces,

  • (a) ensure the coordination of all work and activities for which an authorization has been issued to the operator;

  • (b) comply with its occupational health and safety management system, and ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with that system;

  • (c) ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;

  • (d) ensure that all employers, supervisors and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;

  • (e) ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;

  • (f) ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;

  • (g) ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use;

  • (h) ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;

  • (i) ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

  • (j) ensure that all employees and other individuals at the workplace are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;

  • (k) ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision —  including any that are prescribed — nec­essary for their health and safety;

  • (l) comply with the occupational health and safety requirements of any authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as any measures taken to rectify the failure or to prevent further such failures;

  • (m) ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator;

  • (n) inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements;

  • (o) ensure that members of committees established for the workplace are provided with the support, opportunities and training —  including any that are prescribed — nec­essary to enable the members to fulfil their duties and functions as a member of the committee;

  • (p) cooperate with those committees and facilitate communications between the employees and the committees;

  • (q) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 210.001(1) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;

  • (r) ensure that a record is kept of each inspection referred to in paragraph (q), including any corrective action taken as a consequence; and

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

  • 2014, c. 13, s. 84.