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

Marginal note:Inspections

• 141.1 (1) If the Head conducts an inspection of the work place at the work place, it shall be done in the presence of

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

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

• Marginal note:Inspection not to be delayed

  (2) The Head may proceed with an inspection in the absence of any person mentioned in subsection (1) if that person chooses not to be present.

General Matters

Marginal note:Duty to assist

142 The person in charge of a work place and every person employed at, or in connection with, a work place shall give all reasonable assistance to

• (a) the Head to enable him or her to exercise his or her powers or to perform his or her duties or functions under this Part;

• (a.1) an external adjudicator and a member of the Board to enable them to, in accordance with subsection 12.001(2) or 14(5), exercise or perform the powers, duties or functions conferred on the Board by this Part; and

• (b) every person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

Marginal note:Obstruction and false statements

143 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to

• (a) the Head in the exercise of his or her powers, or in the performance of his or her duties or functions, under this Part;

• (a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or

• (b) any person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

Marginal note:Provision of information

143.1 No person shall prevent an employee from providing information to

• (a) the Head in the exercise of his or her powers, or in the performance of his or her duties or functions under this Part;

• (a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or

• (b) any person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

Marginal note:Permission required for access to residence

143.2 No person who carries out a duty under this Part shall enter a work place that is situated in an employee’s residence without the employee’s permission.

Marginal note:Evidence in civil or administrative proceedings precluded

• 144 (1) No person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), and no person who has accompanied or assisted that person in exercising those powers or performing those duties or functions may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in exercising those powers or performing those duties or functions, except with the written permission of the Head, in which case subsection (5) does not apply to restrict the disclosure of the information.

• Marginal note:Evidence in civil or administrative proceedings precluded — Head

  (1.1) The Head shall not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in the exercise of powers or the performance of duties or functions the Head is authorized to exercise or perform under this Part, except for those powers, duties or functions that shall not be the subject of an agreement entered into under subsection 140(2).

• Marginal note:Member of the Board

  (2) No person who has accompanied or assisted an external adjudicator or a member of the Board in the exercise, in accordance with subsection 12.001(2) or 14(5), of the powers, or in the performance of the duties or functions, conferred on the Board by this Part shall be required to give testimony in any proceeding with regard to information obtained in accompanying or assisting the external adjudicator or member.

• Marginal note:Non-disclosure of information

  (3) Subject to subsection (4), the Head, an external adjudicator or a member of the Board who is admitted to a work place under the powers conferred by section 141 — or a person who is admitted to a work place under the powers conferred by section 141 that are delegated to them under subsection 140(1.1) or under an agreement entered into under subsection 140(2) — and any person accompanying them, shall not disclose to any person any information obtained in the work place by the Head, external adjudicator or member or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.

• Marginal note:Privileged information

  (4) All information that, under the Hazardous Materials Information Review Act, an employer is exempt from disclosing under this Act or the Hazardous Products Act and that is obtained in a work place under section 141 is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part.

• Marginal note:Information not to be published

  (5) No person shall, except for the purposes of this Part or for the purposes of a prosecution under this Part or unless the Head is satisfied that the publication or disclosure is in the interest of occupational health and safety or the public interest, publish or disclose any information obtained as a result of activities carried out under section 141.

• Marginal note:Factors Head may consider

  (5.01) Situations in which the Head may be so satisfied include, but are not limited to, situations in which the publication or disclosure is for the purposes of a coroner’s inquiry, the administration or enforcement of a federal or provincial law or the administration of a foreign law or international agreement.

• Marginal note:Personal information

  (5.1) If the information referred to in subsection (5) is information within the meaning of Part 4 of the Department of Employment and Social Development Act, the disclosure of that information is governed by Part 4 of that Act.

• Marginal note:Confidential communication

  (6) No person to whom information obtained under section 141 is communicated in confidence shall divulge the name of the informant to any person except for the purposes of this Part, and no such person is competent or compellable to divulge the name of the informant before any court or other tribunal.

Special Safety Measures

Marginal note:Direction to terminate contravention

• 145 (1) If the Head is of the opinion that a provision of this Part is being contravened or has recently been contravened, the Head may direct the employer or employee concerned, or both, to

  • (a) terminate the contravention within the time that the officer may specify; and

  • (b) take steps, as specified by the Head and within the time that the Head may specify, to ensure that the contravention does not continue or re-occur.

• Marginal note:Confirmation in writing

  (1.1) If the Head has issued a direction orally, the Head shall provide a written version of it

  • (a) before the Head leaves the work place, if the Head was in the work place when the direction was issued; or

  • (b) as soon as possible by mail, or by facsimile or other electronic means, in any other case.

• Marginal note:Dangerous situations  — direction to employer

  (2) If the Head considers that the use or operation of a machine or thing, a condition in a place or the performance of an activity constitutes a danger to an employee while at work,

  • (a) the Head shall notify the employer of the danger and issue directions in writing to the employer directing the employer, immediately or within the period that the Head specifies, to take measures to

    • (i) correct the hazard or condition or alter the activity that constitutes the danger, or

    • (ii) protect any person from the danger; and

  • (b) the Head may, if the Head considers that the danger or the hazard, condition or activity that constitutes the danger cannot otherwise be corrected, altered or protected against immediately, issue a direction in writing to the employer directing that the place, machine, thing or activity in respect of which the direction is issued not be used, operated or performed, as the case may be, until the Head’s directions are complied with, but nothing in this paragraph prevents the doing of anything necessary for the proper compliance with the direction.

• Marginal note:Dangerous situations  — direction to employee

  (2.1) If the Head considers that the use or operation of a machine or thing by an employee, a condition in a place or the performance of an activity by an employee constitutes a danger to the employee or to another employee, the Head shall, in addition to the directions issued under paragraph (2)(a), issue a direction in writing to the employee to discontinue the use, operation or activity or cease to work in that place until the employer has complied with the directions issued under that paragraph.

• Marginal note:Posting notice of danger

  (3) If the Head issues a direction under paragraph (2)(a), the Head shall affix or cause to be affixed to or near the place, machine or thing in respect of which the direction is issued, or in the area in which the activity in respect of which the direction is issued is performed, a notice of danger in the form and containing the information that the Head may specify, and no person shall remove the notice unless authorized to do so by the Head.

• Marginal note:Cessation of use

  (4) If the Head issues a direction under paragraph (2)(b) in respect of a place, machine, thing or activity, the employer shall cause the use of the place, the use or operation of the machine or thing or the performance of the activity to be discontinued, and no person shall use or operate the machine or thing, work in that place or perform the activity until the measures directed by the Head have been taken.

• Marginal note:Copies of directions and reports

  (5) If the Head issues a direction in writing under subsection (1) or (2) or makes a report in writing to an employer on any matter under this Part, the employer shall without delay

  • (a) cause a copy or copies of the direction or report to be posted in a conspicuous place accessible to every employee;

  • (b) give a copy of the direction or report to the policy committee and a copy to the work place committee or the health and safety representative.

• Marginal note:Copy to person who made complaint

  (6) If the Head issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5) in respect of an investigation made by the Head following a complaint, the Head shall immediately provide a copy of the direction or report to each person, if any, whose complaint led to the investigation.

• Marginal note:Copy to employer

  (7) If the Head issues a direction to an employee under subsection (1) or (2.1), the Head shall immediately provide a copy of the direction to the employee’s employer.

• Marginal note:Response to direction or report

  (8) If the Head issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5), the Head may require the employer or the employee to whom the direction is issued or to whom the report relates to respond in writing to the direction or report, within the time that the Head may specify. The employer or employee shall provide a copy of the response to the policy committee and a copy to the work place committee or the health and safety representative.

Appeals of Decisions and Directions

Marginal note:Powers, duties and functions

145.1 For the purposes of sections 146 to 146.‍5, the Board has all of the powers, duties and functions of the Minister and the Head under this Part, except for those referred to in section 130, subsections 135(6), 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1) to (2) and (4) and 144(1), section 146.‍01, subsection 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).

Marginal note:Appeal of direction

• 146 (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Head under this Part may appeal the direction to the Board, in writing, within 30 days after the day on which the direction was issued or confirmed in writing.

• Marginal note:Direction not stayed

  (2) Unless otherwise ordered by the Board on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction.