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Canada Labour Code (R.S.C., 1985, c. L-2)

Full Document:  

Act current to 2021-10-07 and last amended on 2021-09-29. Previous Versions

PART IIOccupational Health and Safety (continued)

Duties of Employers (continued)

Marginal note:Further specific duties of employer

 Without restricting the generality of section 124 or limiting the duties of an employer under section 125 but subject to any exceptions that may be prescribed, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,

  • (a) ensure that concentrations of hazardous substances in the work place are controlled in accordance with prescribed standards;

  • (b) ensure that all hazardous substances in the work place are stored and handled in the manner prescribed;

  • (c) ensure that all hazardous substances in the work place, other than hazardous products, are identified in the manner prescribed;

  • (d) subject to the Hazardous Materials Information Review Act, ensure that each hazardous product in the work place or each container in the work place in which a hazardous product is contained has affixed to it, printed on it, attached to it or otherwise applied to it a label that meets the prescribed requirements;

  • (e) subject to the Hazardous Materials Information Review Act, make available to every employee, in the prescribed manner, a safety data sheet for each hazardous product to which the employee may be exposed that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act;

  • (f) where employees may be exposed to hazardous substances, investigate and assess the exposure in the manner prescribed, with the assistance of the work place committee or the health and safety representative; and

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

  • R.S., 1985, c. 24 (3rd Supp.), s. 5
  • 1993, c. 42, s. 5(F)
  • 2000, c. 20, s. 6
  • 2014, c. 20, s. 140

Marginal note:Employer to provide information in emergency

  •  (1) An employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls that activity, provide, in respect of any hazardous product to which an employee may be exposed, as soon as is practicable in the circumstances, any information that is included in the safety data sheet that is in the employer’s possession for the hazardous product to any physician or other prescribed medical professional 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:Information to be kept confidential

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

  • R.S., 1985, c. 24 (3rd Supp.), s. 5
  • 2000, c. 20, s. 7
  • 2014, c. 20, s. 141

Marginal note:Coal mines

  •  (1) Every employer of employees employed in a coal mine shall

    • (a) comply with every condition imposed on the employer pursuant to paragraph 137.2(2)(b) or (3)(a);

    • (b) comply with every provision substituted for a provision of the regulations, in respect of the employer, pursuant to paragraph 137.2(3)(b);

    • (c) permit inspections and tests to be carried out on behalf of the employees, in any part of the mine and on any machinery or equipment therein, in the prescribed manner and at intervals not greater than the prescribed interval; and

    • (d) as a condition of carrying out any activity for which the submission of plans and procedures is prescribed, submit to the Coal Mining Safety Commission for approval, in the form and manner and at the time prescribed, plans and procedures relating to that activity and carry out the activity in conformity with plans and procedures as approved.

  • Marginal note:Methods, machinery and equipment

    (2) No employer shall require or permit the use in a coal mine of any mining method, machinery or equipment in respect of which no prescribed safety standards are applicable unless the use thereof has been approved pursuant to paragraph 137.2(2)(a).

  • Marginal note:Searches

    (3) Every employer of employees employed in a coal mine shall, at intervals not greater than the prescribed interval, for the purpose of preventing alcohol, articles for use in smoking and drugs, other than drugs exempted by the regulations, from being brought into the mine,

    • (a) require every person entering an underground portion of the mine who is not employed there to submit to a personal search conducted in the prescribed manner; and

    • (b) require a proportion, not less than the prescribed proportion, of employees employed in the underground portions of the mine to submit to personal searches conducted in the prescribed manner.

  • Definition of coal mine

    (4) For the purposes of this section and section 137.2, coal mine includes any work place above ground that is used in the operation of the mine and is under the control of the employer of employees employed in the mine.

  • R.S., 1985, c. 26 (4th Supp.), s. 1

Duties of Employees

Marginal note:Health and safety matters

  •  (1) While at work, every employee shall

    • (a) use any safety materials, equipment, devices and clothing that are intended for the employee’s protection and furnished to the employee by the employer or that are prescribed;

    • (b) follow prescribed procedures with respect to the health and safety of employees;

    • (c) take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee’s acts or omissions;

    • (d) comply with all instructions from the employer concerning the health and safety of employees;

    • (e) cooperate with any person carrying out a duty imposed under this Part;

    • (f) cooperate with the policy and work place committees or the health and safety representative;

    • (g) report to the employer any thing or circumstance in a work place that is likely to be hazardous to the health or safety of the employee, or that of the other employees or other persons granted access to the work place by the employer;

    • (h) report in the prescribed manner every accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person;

    • (i) comply with every oral or written direction of the Head or the Board concerning the health and safety of employees; and

    • (j) report to the employer any situation that the employee believes to be a contravention of this Part by the employer, another employee or any other person.

  • Marginal note:No relief of employer’s duties

    (2) Nothing in subsection (1) relieves an employer from any duty imposed on the employer under this Part.

  • Marginal note:Limitation of liability

    (3) No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer, as requested by the employer, in providing first-aid or in carrying out any other emergency measures.

Employment Safety

Marginal note:Interference at accident scene prohibited

  •  (1) Subject to subsection (2), if an employee is killed or seriously injured in a work place, no person shall, unless authorized to do so by the Head, remove or in any way interfere with or disturb any wreckage, article or thing related to the incident except to the extent necessary to

    • (a) save a life, prevent injury or relieve human suffering in the vicinity;

    • (b) maintain an essential public service; or

    • (c) prevent unnecessary damage to or loss of property.

  • Marginal note:Exception

    (2) No authorization referred to in subsection (1) is required where an employee is killed or seriously injured by an accident or incident involving

  • R.S., 1985, c. L-2, s. 127
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 1989, c. 3, s. 45
  • 1996, c. 10, s. 235
  • 1998, c. 20, s. 29
  • 2000, c. 20, s. 9
  • 2001, c. 26, s. 305
  • 2013, c. 40, s. 179
  • 2018, c. 27, s. 539

Internal Complaint Resolution Process

Marginal note:Complaint to supervisor

  •  (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident, injury or illness arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by sections 128, 129 and 132, make a complaint to the employee’s supervisor.

  • Marginal note:Supervisor or designated person

    (1.1) However, in the case of a complaint relating to an occurrence of harassment and violence, the employee may make the complaint to the employee’s supervisor or to the person designated in the employer’s work place harassment and violence prevention policy.

  • Marginal note:Oral or written complaint

    (1.2) The complaint may be made orally or in writing.

  • Marginal note:Resolve complaint

    (2) The employee and the supervisor or designated person, as the case may be, shall try to resolve the complaint between themselves as soon as possible.

  • Marginal note:Investigation of complaint

    (3) The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment and violence, to a chairperson of the work place committee or to the health and safety representative to be investigated jointly

    • (a) by an employee member and an employer member of the work place committee; or

    • (b) by the health and safety representative and a person designated by the employer.

  • Marginal note:Notice

    (4) The persons who investigate the complaint shall inform the employee and the employer in writing, in the form and manner prescribed if any is prescribed, of the results of the investigation.

  • Marginal note:Recommendations

    (5) The persons who investigate a complaint may make recommendations to the employer with respect to the situation that gave rise to the complaint, whether or not they conclude that the complaint is justified.

  • Marginal note:Employer’s duty

    (6) If the persons who investigate the complaint conclude that the complaint is justified, the employer, on being informed of the results of the investigation, shall in writing and without delay inform the persons who investigated the complaint of how and when the employer will resolve the matter, and the employer shall resolve the matter accordingly.

  • (7) [Repealed, 2013, c. 40, s. 180]

  • Marginal note:Referral to the Head

    (8) The employee or employer may refer a complaint that there has been a contravention of this Part to the Head in the following circumstances:

    • (a) where the employer does not agree with the results of the investigation;

    • (b) where the employer has failed to inform the persons who investigated the complaint of how and when the employer intends to resolve the matter or has failed to take action to resolve the matter;

    • (c) where the persons who investigated the complaint do not agree between themselves as to whether the complaint is justified; or

    • (d) in the case of a complaint relating to an occurrence of harassment and violence, the employee and the supervisor or designated person, as the case may be, failed to resolve the complaint between themselves.

  • Marginal note:Investigation

    (9) The Head shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Head is of the opinion that

    • (a) the complaint has been adequately dealt with according to a procedure provided for under this Act, any other Act of Parliament or a collective agreement; or

    • (b) the matter is otherwise an abuse of process.

  • Marginal note:Notice

    (9.‍1) If the Head is of the opinion that the conditions described in paragraph (9)‍(a) or (b) are met, the Head shall inform the employer and the employee in writing, as soon as feasible, that the Head will not investigate.

  • Marginal note:Combining investigations — harassment and violence

    (9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision.

  • Marginal note:Duty and power of Head

    (10) On completion of the investigation, the Head

    • (a) may issue directions to an employer or employee under subsection 145(1);

    • (b) may, if in the Head’s opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or

    • (c) shall, if the Head concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2).

  • Marginal note:Interpretation

    (11) For greater certainty, nothing in this section limits the Head’s authority under section 145.

  • Marginal note:Former employees

    (12) A former employee may, within the prescribed time, make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint.

  • Marginal note:Extension

    (13) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (12).

 
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