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

Marginal note:Power to require code of practice

• 205.016 (1) The Chief Safety Officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer, in respect of

  • (a) any of its workplaces or any work or activity carried out at any of its workplaces; or

  • (b) the transportation of employees to or from any of its workplaces.

• Marginal note:Revision of code of practice

  (2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the operator to revise it from time to time.

Marginal note:Notification of accidents, etc.

• 205.017 (1) Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of

  • (a) any occupational disease at any of its workplaces; or

  • (b) any accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.

• Marginal note:Investigation of accidents, etc.

  (2) Every operator shall investigate any occupational disease, or any accident, incident or other hazardous occurrence, described in paragraph (1)(a) or (b) and shall keep adequate records of its investigation — including any records that are prescribed — for the period that is prescribed.

• Marginal note:Report

  (3) An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the Chief Safety Officer and, on request, to any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer.

• Marginal note:Contents of report

  (4) The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator’s workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.

• Definition of serious injury

  (5) In this section, serious injury means an injury that

  • (a) results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;

  • (b) results in the permanent impairment of a body function of an individual; or

  • (c) prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them.

Duties of Employers

Marginal note:Duty to take reasonable measures

205.018 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.

Marginal note:Specific duties

• 205.019 (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 205.001(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.

Marginal note:Occupational health and safety program

• 205.02 (1) For the purpose of implementing the operator’s occupational health and safety policy, every employer shall, in consultation with the workplace committee, develop, implement and maintain, in respect of each workplace under the employer’s control, an occupational health and safety program that fosters a culture of workplace safety, if

  • (a) five or more employees are normally employed at the workplace by the employer;

  • (b) the program is required by the Chief Safety Officer; or

  • (c) the requirement for such a program is prescribed.

• Marginal note:Contents

  (2) The program shall be set out in writing and include provisions regarding

  • (a) the management of risks to the health and safety of the employees — including any prescribed risks — and procedures for

    • (i) the ongoing and systematic identification and reporting of all hazards,

    • (ii) the assessment of risks associated with identified hazards, and

    • (iii) the implementation of hazard control measures;

  • (b) the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace;

  • (c) the establishment of special committees, the operation of workplace committees and special committees, the access by committees to a level of management with authority to resolve occupational health and safety matters and the information required under this Part to be maintained in relation to those committees;

  • (d) the roles of committees and their interaction in implementing the operator’s occupational health and safety policy;

  • (e) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy;

  • (f) the procedures, including those required under this Part, to be followed to protect the employees’ health and safety, and the identification of the types of work to which those procedures apply;

  • (g) the procedures to be followed to deal with

    • (i) failures to comply with the program and with the reporting and investigating of occupational diseases, and of accidents, incidents and other hazardous occurrences, at the workplace, and

    • (ii) the keeping of related records and statistical analysis;

  • (h) the auditing of the adequacy and effectiveness of the program, including

    • (i) determining the ability of the program to meet the requirements of the operator’s occupational health and safety policy and occupational health and safety management system, and

    • (ii) identifying improvements that could be made to the program; and

  • (i) the implementation of the improvements identified during the audit referred to in paragraph (h).

• Marginal note:Limitation

  (3) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (i), the program shall meet the requirements of those regulations.

Marginal note:Power to require code of practice

• 205.021 (1) The Chief Safety Officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or any work or activity carried out at any of those workplaces, a code of practice in respect of occupational health and safety, or to adopt, in respect of such a workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer.

• Marginal note:Revision of code of practice

  (2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the employer to revise it from time to time.

Marginal note:Specific duties of employer — hazardous materials

205.022 Subject to any exceptions that are prescribed, 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) ensure that concentrations of hazardous substances at the workplace are controlled in accordance with any standards that are prescribed;

• (b) ensure that all hazardous substances at the workplace are stored and handled in the manner that is prescribed;

• (c) ensure that all hazardous substances at the workplace, other than controlled products, are identified in the manner that is prescribed;

• (d) subject to the Hazardous Materials Information Review Act, ensure that each controlled product at the workplace or each container at the workplace in which a controlled product is contained has applied to it a label that discloses information that is prescribed and has displayed on it, in the manner that is prescribed, all applicable hazard symbols that are prescribed;

• (e) subject to the Hazardous Materials Information Review Act, make available to every employee at the workplace, in the manner that is prescribed, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,

  • (i) if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any of its ingredients that is a controlled product and the concentration of that ingredient,

  • (ii) if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in that List for that ingredient, the chemical identity and concentration of that ingredient,

  • (iii) the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee at the workplace and the concentration of that ingredient,

  • (iv) the chemical identity of any ingredient of the controlled product whose toxicological properties are not known to the employer and the concentration of that ingredient, and

  • (v) any other information that is prescribed with respect to the controlled product;

• (f) if employees at the workplace may be exposed to hazardous substances, investigate and assess the potential exposure in the manner that is prescribed, with the assistance of the workplace committee or the coordinator, as the case may be; and

• (g) ensure that all records of exposure to hazardous substances are kept and maintained in the manner that is prescribed and that personal records of exposure are made available to the affected employees.

Marginal note:Employer to provide information in emergency

• 205.023 (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.

Duties of Supervisors

Marginal note:Duty to take reasonable measures

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

Marginal note:Specific duties

205.025 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.