Marginal note:Interference at accident scene prohibited
127. (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 a health and safety officer, 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.
(2) No authorization referred to in subsection (1) is required where an employee is killed or seriously injured by an accident or incident involving
(a) an aircraft, a vessel, rolling stock or a pipeline, if the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act; or
(b) a motor vehicle on a public highway.
- 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.
Internal Complaint Resolution Process
Marginal note:Complaint to supervisor
127.1 (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 or injury to health 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:Resolve complaint
(2) The employee and the supervisor 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 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.
(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.
(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.
Marginal note:Stoppage of activity
(7) If the persons who investigate the complaint conclude that a danger exists as described in subsection 128(1), the employer shall, on receipt of a written notice, ensure that no employee use or operate the machine or thing, work in the place or perform the activity that constituted the danger until the situation is rectified.
Marginal note:Referral to health and safety officer
(8) The employee or employer may refer a complaint that there has been a contravention of this Part to a health and safety officer 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; or
(c) where the persons who investigated the complaint do not agree between themselves as to whether the complaint is justified.
Marginal note:Investigation by health and safety officer
(9) The health and safety officer shall investigate, or cause another health and safety officer to investigate, the complaint referred to the officer under subsection (8).
Marginal note:Duty and power of health and safety officer
(10) On completion of the investigation, the health and safety officer
(a) may issue directions to an employer or employee under subsection 145(1);
(b) may, if in the officer’s opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or
(c) shall, if the officer concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2).
(11) For greater certainty, nothing in this section limits a health and safety officer’s authority under section 145.
- 2000, c. 20, s. 10.
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