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

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

PART III.1Occupational Health and Safety (continued)

Committees and Coordinator (continued)

Marginal note:Response to recommendations

  •  (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.

  • Marginal note:Nature of response

    (2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.

  • Marginal note:Response delayed — explanation

    (3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.

  • Marginal note:Revised date for response

    (4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.

  • Marginal note:Report of delay

    (5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.

  • Marginal note:Confirmation of date

    (6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date.

  • Marginal note:Fixing new date

    (7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date.

  • Marginal note:Report regarding response

    (8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.

  • 2014, c. 13, s. 45

Workplace Monitoring

Marginal note:Observers

  •  (1) A workplace committee may choose an employee at the workplace to observe

    • (a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and

    • (b) the subsequent monitoring of the conditions referred to in paragraph (a), including the taking of samples and measurements.

  • Marginal note:Observers

    (2) Every employer who conducts an activity described in paragraph (1)(a) or (b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(b) that is carried out continuously or on a regular and frequent basis.

  • Marginal note:Notice and access

    (4) When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply:

    • (a) if an employer is carrying out the monitoring, the employer shall give reasonable notice to the operator to enable the operator to comply with paragraph (b);

    • (b) if an operator is carrying out the monitoring or is notified under paragraph (a), the operator shall give reasonable notice of the commencement of monitoring to all employers at the workplace;

    • (c) the operator or the employer carrying out the monitoring shall give reasonable notice of the commencement of monitoring to the observer, and shall provide the observer with access to the workplace for the purpose of observing the monitoring; and

    • (d) the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer.

  • Marginal note:Monitoring by health and safety officers

    (5) Monitoring may be carried out on the order of a health and safety officer under section 205.073 even if the notices referred to in paragraphs (4)(a) to (c) have not been given.

  • Marginal note:Compensation of employees

    (6) An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had they been working.

  • 2014, c. 13, s. 45

Reporting of Occupational Health and Safety Concerns

Marginal note:Duty to report

  •  (1) An employee who has reasonable cause to believe that a provision of this Part or of the regulations made under this Part has been contravened or that there is likely to be an accident or injury arising out of, linked to or occurring in the course of employment shall report their concern to their supervisor.

  • Marginal note:Resolve concern

    (2) The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible.

  • Marginal note:Notice to employer, etc.

    (3) If the employee’s concern is not resolved, they may notify their employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator, as the case may be, and the operator.

  • Marginal note:Notice to health and safety officer

    (4) If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer.

  • 2014, c. 13, s. 45

Right to Refuse

Marginal note:Refusal to perform activity

  •  (1) Subject to subsection (2), an employee may refuse to perform an activity at a workplace if they have reasonable cause to believe that the performance of the activity constitutes a danger to themselves or another individual.

  • Marginal note:Circumstances when refusal not permitted

    (2) An employee is not permitted to refuse to perform an activity if the refusal puts the life, health or safety of another individual directly in danger.

  • Marginal note:Report to supervisor

    (3) An employee who refuses to perform an activity shall immediately report the circumstances of the matter to their supervisor.

  • Marginal note:Action by supervisor

    (4) The supervisor shall immediately take action to try to resolve the matter. If the supervisor believes that a danger exists, they shall immediately take any action that is necessary to protect any individual from the danger and to inform the workplace committee or the coordinator, as the case may be, the operator and the employee’s employer of the matter. If the supervisor does not believe that a danger exists, they shall so notify the employee.

  • Marginal note:Report to employer, etc.

    (5) If the employee continues to refuse to perform the activity, they shall immediately notify their employer and the workplace committee or the coordinator, as the case may be, and the employer shall in turn notify the operator and any provider of services that is providing services related to the placement of that employee.

  • Marginal note:Report to occupational health and safety officer

    (6) Immediately after being notified under subsection (5), the operator shall notify an occupational health and safety officer of the continued refusal of the employee to perform the activity and of any remedial action taken.

  • Marginal note:Recommendations of committee or coordinator

    (7) The workplace committee or the coordinator, as the case may be, may make any recommendations that they consider appropriate to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee.

  • Marginal note:Enquiry and decision

    (8) The occupational health and safety officer shall, if the employee continues to refuse to perform the activity, enquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator. The officer shall give to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee, and to the workplace committee or the coordinator, as the case may be, a written notification of their decision on the matter.

  • Marginal note:Dangerous situation — order

    (9) If the occupational health and safety officer decides that the performance of the activity constitutes a danger to the employee or another individual, the officer shall make any order under subsection 205.093(1) or (2) that the officer considers appropriate, and the employee may continue to refuse to perform the activity until the order is complied with or until it is varied or revoked under this Part.

  • Marginal note:No right to refuse

    (10) If the occupational health and safety officer decides that the performance of the activity does not constitute a danger to the employee or another individual, or that the refusal puts the life, health or safety of another individual directly in danger, the employee is not entitled under this section to continue to refuse to perform the activity.

  • 2014, c. 13, s. 45
 
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