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

Act current to 2019-06-20 and last amended on 2019-01-01. Previous Versions

PART III.1Occupational Health and Safety (continued)

Duties of Owners, Interest Holders and Corporate Officials (continued)

Marginal note:Duty of directors and officers of operators

  •  (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with

    • (a) the provisions of this Part and the regulations made under this Part; and

    • (b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

  • Marginal note:Duty of directors and officers of suppliers and providers of services

    (2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033.

  • Marginal note:Duty of directors and officers of interest holders

    (3) Every director and every officer of a corporation shall, if the corporation has duties under section 205.035, take all reasonable measures to ensure that the corporation complies with that section.

  • 2014, c. 13, s. 45

Communication of Information

Marginal note:Posting of information — operator

  •  (1) Every operator shall post in printed form, in a prominent place at each of its workplaces,

    • (a) its occupational health and safety policy;

    • (b) contact information to enable the reporting of health or safety concerns to the Board; and

    • (c) the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.

  • Marginal note:Information and documents — operator

    (2) Every operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:

    • (a) a copy of this Part and the regulations made under this Part;

    • (b) a copy of the document describing the operator’s occupational health and safety management system;

    • (c) any code of practice required by the Chief Safety Officer under section 205.016 to be established or adopted by the operator for that workplace;

    • (d) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by any employer at that workplace;

    • (e) information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under section 205.069, any conditions placed on the use of that equipment or those methods, meas­ures, standards or other things and the duration of the permission; and

    • (f) information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under any permission granted to the operator under section 205.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.

  • Marginal note:Incorporated material — operator

    (3) Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.

  • Marginal note:Information — operator

    (4) Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.

  • Marginal note:Obligation to post satisfied

    (5) An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace.

  • 2014, c. 13, s. 45

Marginal note:Posting of information — employer

  •  (1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.

  • Marginal note:Program and codes of practice — employer

    (2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,

    • (a) a copy of the occupational health and safety program for the workplace; and

    • (b) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by the employer for the workplace.

  • Marginal note:Material and information — employer

    (3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 205.037(3) and (4).

  • Marginal note:Obligation to post satisfied

    (4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.

  • 2014, c. 13, s. 45

Marginal note:Chief Safety Officer information — operator

  •  (1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

  • Marginal note:Chief Safety Officer information — employer

    (2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

  • 2014, c. 13, s. 45

Marginal note:Provision of information to committees

  •  (1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under section 205.074, notify all committees established for the workplace of the report and, subject to section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.

  • Marginal note:Reports available to employees

    (2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.

  • 2014, c. 13, s. 45

Marginal note:Editing of report — trade secrets

  •  (1) If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.

  • Marginal note:Editing of report — medical information

    (2) If a report referred to in subsection 205.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.

  • Marginal note:Edited report

    (3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.

  • 2014, c. 13, s. 45

Marginal note:Response to request for information — operator

  •  (1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

  • Marginal note:Response to request for information — employer

    (2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

  • Marginal note:Limitation — special committees

    (3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.

  • Marginal note:Other provisions

    (4) Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require.

  • 2014, c. 13, s. 45
 
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