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

Act current to 2015-05-11 and last amended on 2014-12-31. Previous Versions

Duties of Employers

Marginal note:Duty to take reasonable measures

 Every employer shall take all reasonable measures to ensure

  • (a) the health and safety of its employees and other individuals at a workplace under its control;

  • (b) the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and

  • (c) the health and safety of its employees while — and immediately before — they are transported on a passenger craft.

  • 2014, c. 13, s. 84.
Marginal note:Specific duties
  •  (1) Every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,

    • (a) coordinate its undertaking with the work and activities of the operator and of any other employer at the workplace who may be affected by that undertaking;

    • (b) ensure that the operator’s occupational health and safety management system is complied with and carry out any responsibilities assigned to the employer under that system;

    • (c) determine, in consultation with the operator, the impact of its undertaking on occupational health and safety and ensure that other employers at the workplace who may be affected by that undertaking are provided with adequate information;

    • (d) communicate to its employees — and, in respect of a workplace under its control, to other individuals at the workplace — all information necessary to their health and safety, or ensure that the information is communicated to them;

    • (e) ensure that its employees comply with the provisions of this Part and the regulations made under this Part;

    • (f) ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety hazards;

    • (g) ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of any other individuals at a workplace under its control, to minimize their exposure to hazards;

    • (h) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

    • (i) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the information and training — including any that are prescribed — required for the proper use of all personal protective equipment that is prescribed or that is required by the operator or employer to be used or worn;

    • (j) provide its employees with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;

    • (k) ensure that the occupational health and safety requirements of any authorization related to the workplace are complied with;

    • (l) record and report to the operator all instances of failures 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;

    • (m) ensure that all equipment, machines, devices, materials and other things at the workplace are properly installed, stored and maintained, are safe for their intended use and are used as intended;

    • (n) cooperate with and facilitate communication with committees established for the workplace;

    • (o) provide to members of any special committee it establishes for the workplace the support, opportunities and training  — including any that are prescribed — necessary to enable the members to fulfil the duties and functions conferred on the committee;

    • (p) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 210.001(1) under its control is inspected by it or on its behalf 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; and

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

  • Marginal note:Training

    (2) An employee who, with the approval of their employer, is receiving training that is required under this Part shall be paid the same wages and granted the same benefits that the employee would have received had they been working.

  • 2014, c. 13, s. 84.