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

Marginal note:Appointment of health and safety representative

• 136 (1) Every employer shall, for each work place controlled by the employer at which fewer than twenty employees are normally employed or for which an employer is not required to establish a work place committee, appoint the person selected in accordance with subsection (2) as the health and safety representative for that work place.

• Marginal note:Selection of person to be appointed

  (2) The health and safety representative for a work place shall be selected as follows:

  • (a) the employees at the work place who do not exercise managerial functions shall select from among those employees the person to be appointed; or

  • (b) if those employees are represented by a trade union, the trade union shall select the person to be appointed, in consultation with any employees who are not so represented, and subject to any regulations made under subsection (11).

  The employees or the trade union shall advise the employer in writing of the name of the person so selected.

• Marginal note:Notification

  (3) If a trade union fails to select a person under subsection (2), the Head may so notify in writing the local branch of the trade union. The Head shall send a copy of the notification to the trade union’s national or international headquarters and to the employer.

• Marginal note:Failure to select a representative

  (4) The employer shall perform the functions of the health and safety representative until a person is selected under subsection (2).

• Marginal note:Duties of representative

  (5) A health and safety representative, in respect of the work place for which the representative is appointed,

  • (a) shall consider and expeditiously dispose of complaints relating to the health and safety of employees;

  • (b) shall ensure that adequate records are maintained pertaining to work accidents, injuries, health hazards and the disposition of complaints related to the health and safety of employees and regularly monitor data relating to those accidents, injuries, hazards and complaints;

  • (c) shall meet with the employer as necessary to address health and safety matters;

  • (d) shall participate in the implementation and monitoring of the program referred to in paragraph 134.1(4)(c);

  • (e) where the program referred to in paragraph 134.1(4)(c) does not cover certain hazards unique to that work place, shall participate in the development, implementation and monitoring of a program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards;

  • (f) where there is no policy committee, shall participate in the development, implementation and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters;

  • (g) shall participate in all of the inquiries, investigations, studies and inspections pertaining to the health and safety of employees, including any consultations that may be necessary with persons who are professionally or technically qualified to advise the representative on those matters;

  • (h) shall cooperate with the Head;

  • (i) shall participate in the implementation of changes that may affect occupational health and safety, including work processes and procedures and, where there is no policy committee, shall participate in the planning of the implementation of those changes;

  • (j) shall inspect each month all or part of the work place, so that every part of the work place is inspected at least once each year;

  • (k) shall participate in the development of health and safety policies and programs;

  • (l) shall assist the employer in investigating and assessing the exposure of employees to hazardous substances; and

  • (m) shall participate in the implementation and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials and, where there is no policy committee, shall participate in the development of the program.

• Marginal note:Investigation — harassment and violence

  (5.1) Despite paragraph (5)(g), a health and safety representative shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

• Marginal note:Information

  (6) A health and safety representative, in respect of the work place for which the representative is appointed, may request from an employer any information that the representative considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities.

• Marginal note:Access

  (7) A health and safety representative, in respect of the work place for which the representative is appointed, shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent.

• Marginal note:Time required for duties

  (8) A health and safety representative is entitled to take the time required, during their regular working hours,

  • (a) to perform any of the representative’s functions; and

  • (b) for the purposes of preparation and travel, as authorized by both chairpersons of the policy committee or, if there is no policy committee, as authorized by the employer.

• Marginal note:Payment of wages

  (9) A health and safety representative shall be compensated by the employer for the functions described in paragraphs (8)(a) and (b), whether performed during or outside the representative’s regular working hours, at the representative’s regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employer’s policy.

• Marginal note:Limitation of liability

  (10) No health and safety representative is personally liable for anything done or omitted to be done by the representative in good faith under the authority or purported authority of this section.

• Marginal note:Regulations

  (11) The Governor in Council may make regulations specifying

  • (a) the qualifications and term of office of a health and safety representative;

  • (b) the method of selecting a health and safety representative if employees are not represented by a trade union; and

  • (c) the manner in which a health and safety representative may exercise their powers and perform their functions.