Management and Leadership

3‑1. (1) In this Part and in Part IV:

(a) "biological substance" means a substance containing living organisms, including infectious micro‑organisms, or parts of organisms or products of organisms in their natural or modified forms;

(b) "chemical substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour, other than a biological substance;

(c) "chief mines inspector" means the chief mines inspector appointed pursuant to section 3‑5;

(d) "chief occupational medical officer" means the chief occupational medical officer appointed pursuant to section 3‑4;

(e) "competent" means possessing knowledge, experience and training to perform a specific duty;

(f) "compliance undertaking" means a compliance undertaking entered into pursuant to section 3‑38;

(g) "contractor" means a person who, or a partnership or group of persons that, pursuant to one or more contracts:

(i) directs the activities of one or more employers or self‑employed persons involved in work at a place of employment; or

(ii) subject to subsection (3), retains an employer or self‑employed person to perform work at a place of employment;

(h) "director of occupational health and safety" means the director of occupational health and safety appointed pursuant to section 3‑3;

(i) "discriminatory action" means any action or threat of action by an employer that does or would adversely affect a worker with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of a worker, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty, but does not include:

(i) the temporary assignment of a worker to alternative work, pursuant to section 3‑44, without loss of pay to the worker; or

(ii) the temporary assignment of a worker to alternative work, without loss of pay to the worker, while:

(A) steps are being taken for the purposes of clause 3‑31(a) to satisfy the worker that any particular act or series of acts that the worker refused to perform pursuant to that clause is not unusually dangerous to the health or safety of the worker or any other person at the place of employment;

(B) the occupational health committee is conducting an investigation pursuant to clause 3‑31(b) in relation to the worker’s refusal to perform any particular act or series of acts; or

(C) an occupational health officer is conducting an investigation requested by a worker or an employer pursuant to clause 3‑32(a);

(j) "employer" means, subject to section 3‑29, a person, firm, association or body that has, in connection with the operation of a place of employment, one or more workers in the service of the person, firm, association or body;

(k) "equipment" means any mechanical or non‑mechanical article or device, and includes any machine, tool, appliance, apparatus, implement, service or utility, but does not include the personal property owned by an individual unless that property is used in the carrying on of an occupation;

(l) "harassment" means any inappropriate conduct, comment, display, action or gesture by a person:

(i) that either:

(A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; or

(B) subject to subsections (4) and (5), adversely affects the worker’s psychological or physical well‑being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and

(ii) that constitutes a threat to the health or safety of the worker;

(m) "notice of contravention" means a notice of contravention served pursuant to section 3‑38;

(n) "occupation" means employment, business, calling or pursuit;

(o) "occupational health and safety" means:

(i) the promotion and maintenance of the highest degree of physical, mental and social well‑being of workers;

(ii) the prevention among workers of ill health caused by their working conditions;

(iii) the protection of workers in their employment from factors adverse to their health;

(iv) the placing and maintenance of workers in working environments that are adapted to their individual physiological and psychological conditions; and

(v) the promotion and maintenance of a working environment that is free of harassment;

(p) "occupational health and safety representative" means an occupational health and safety representative designated pursuant to section 3‑24;

(q) "occupational health and safety service" means a service organized in or near a place of employment for the purposes of:

(i) protecting workers against any health or safety hazard that may arise out of their work or the working conditions under which it is carried on;

(ii) contributing to the workers’ physical and mental adjustment in their employment and their assignment to jobs for which they are suited; and

(iii) contributing to the establishment and maintenance of a high degree of physical and mental well‑being in the workers;

(r) "occupational health committee" means an occupational health committee established pursuant to section 3‑22 or 3‑23 or the regulations made pursuant to this Part;

(s) "occupational health officer" means a person appointed as an occupational health officer pursuant to section 3‑6;

(t) "owner" includes:

(i) a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of any lands or premises used or to be used as a place of employment; and

(ii) any person who acts for or on behalf of a person mentioned in subclause (i) as that person’s agent or delegate;

(u) "physician" means a duly qualified medical practitioner;

(v) "place of employment" means any plant in or on which one or more workers or self‑employed persons work, usually work or have worked;

(w) "plant" includes any premises, site, land, mine, water, structure, fixture or equipment employed or used in the carrying on of an occupation;

(x) "practicable" means possible given current knowledge, technology and invention;

(y) "prime contractor" means the person who is the prime contractor in accordance with section 3‑13;

(z) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(aa) "registered nurse" means a nurse registered pursuant to The Registered Nurses Act, 1988;

(bb) "self‑employed person" means a person who is engaged in an occupation but is not in the service of an employer;

(cc) "structure" includes any building, support for equipment, factory, road, dam, bridge, waterway, dock, railway or excavation;

(dd) "supervisor" means an individual who is authorized by an employer to oversee or direct the work of the employer’s worker;

(ee) "supplier" means, unless otherwise stated, a person who supplies, sells, offers or exposes for sale, leases, distributes or installs any biological substance or chemical substance or any plant to be used at a place of employment;

(ff) "train" means to give information and explanation to a worker with respect to a particular subject‑matter and to require a practical demonstration that the worker has acquired knowledge or skill related to the subject‑matter;

(gg) "worker" means:

(i) an individual, including a supervisor, who is engaged in the service of an employer; or

(ii) a member of a prescribed category of individuals;

but does not include an inmate, as defined in The Correctional Services Act, 2012, of a correctional facility as defined in that Act who is participating in a work project or rehabilitation program within the correctional facility;

(hh) "worksite" means an area at a place of employment where a worker works or is required or permitted to be present.

(2) In this Part:

(a) if a provision refers to any matter or thing that an employer is required to do in relation to workers, the provision applies to workers who are in the service of that employer, unless the context requires otherwise; and

(b) if a provision refers to any matter or thing that an employer is required to do in relation to a place of employment, the provision applies to every place of employment of that employer, unless the context requires otherwise.

(3) For the purposes of subclause (1)(g)(ii), a person, partnership or group of persons is considered to be a contractor only if that person, partnership or group of persons knows or ought reasonably to know the provisions of this Part and the regulations made pursuant to this Part respecting the work or the place of employment at the time of retaining the employer or self‑employed person to perform work at a place of employment.

(4) To constitute harassment for the purposes of paragraph (1)(l)(i)(B), either of the following must be established:

(a) repeated conduct, comments, displays, actions or gestures;

(b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker.

(5) For the purposes of paragraph (1)(l)(i)(B), harassment does not include any reasonable action that is taken by an employer, or a manager or supervisor employed or engaged by an employer, relating to the management and direction of the employer’s workers or the place of employment.

3‑8. Every employer shall:

(a) ensure, insofar as is reasonably practicable, the health, safety and welfare at work of all of the employer’s workers;

(b) consult and cooperate in a timely manner with any occupational health committee or the occupational health and safety representative at the place of employment for the purpose of resolving concerns on matters of health, safety and welfare at work;

(c) make a reasonable attempt to resolve, in a timely manner, concerns raised by an occupational health committee or occupational health and safety representative pursuant to clause (b);

(d) ensure, insofar as is reasonably practicable, that the employer’s workers are not exposed to harassment with respect to any matter or circumstance arising out of the workers’ employment;

(e) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part;

(f) ensure that:

(i) the employer’s workers are trained in all matters that are necessary to protect their health, safety and welfare; and

(ii) all work at the place of employment is sufficiently and competently supervised;

(g) if the employer is required to designate an occupational health and safety representative for a place of employment, ensure that written records of meetings with the occupational health and safety representative are kept and are readily available at the place of employment;

(h) ensure, insofar as is reasonably practicable, that the activities of the employer’s workers at a place of employment do not negatively affect the health, safety or welfare at work of the employer, other workers or any self‑employed person at the place of employment; and

(i) comply with this Part and the regulations made pursuant to this Part.

3‑9. Every supervisor shall:

(a) ensure, insofar as is reasonably practicable, the health and safety at work of all workers who work under the supervisor’s direct supervision and direction;

(b) ensure that workers under the supervisor’s direct supervision and direction comply with this Part and the regulations made pursuant to this Part;

(c) ensure, insofar as is reasonably practicable, that all workers under the supervisor’s direct supervision and direction are not exposed to harassment at the place of employment;

(d) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and

(e) comply with this Part and the regulations made pursuant to this Part.

3‑10. Every worker while at work shall:

(a) take reasonable care to protect his or her health and safety and the health and safety of other workers who may be affected by his or her acts or omissions;

(b) refrain from causing or participating in the harassment of another worker;

(c) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and

(d) comply with this Part and the regulations made pursuant to this Part.

3‑11. Every self‑employed person shall:

(a) conduct his or her undertaking in such a way as to ensure, insofar as is reasonably practicable, that the self‑employed person and workers employed on or about the same place of employment who may be affected by the undertaking are not thereby exposed to risks to their health and safety;

(b) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and

(c) comply with this Part and the regulations made pursuant to this Part.

3‑12. Every contractor shall:

(a) ensure, insofar as is reasonably practicable, that each of the following that is not in the direct and complete control of an employer or self‑employed person under contract with the contractor is safe for, without risk to the health of, and adequate with regard to facilities for the welfare of, all employers, workers or self‑employed persons at the place of employment:

(i) every place of employment or worksite where an employer, employer’s worker or self‑employed person works pursuant to a contract between the contractor and the employer or self‑employed person;

(ii) every work process or procedure carried on at every place of employment or worksite where an employer, employer’s worker or self‑employed person works pursuant to a contract between the contractor and the employer or self‑employed person;

(b) post any prescribed notice in a conspicuous location at every place of employment or worksite where an employer, employer’s worker or self‑employed person works pursuant to a contract between the contractor and the employer or self‑employed person; and

(c) comply with this Part and the regulations made pursuant to this Part.

3‑13. (1) Every worksite must have a prime contractor if the worksite:

(a) has multiple employers or self‑employed persons; and

(b) meets the prescribed circumstances.

(2) The prime contractor for a worksite mentioned in subsection (1) is to be determined in the prescribed manner.

(3) The prime contractor for a worksite shall carry out the prescribed activities.

3‑14. Every owner of any plant used as a place of employment shall:

(a) ensure, insofar as is reasonably practicable, that any area of the plant or activity occurring in or on an area of the plant that is not in the direct and complete control of any contractor, employer or self‑employed person who works or employs one or more workers who work in or on the plant:

(i) is maintained or is carried on in compliance with this Part and the regulations made pursuant to this Part; and

(ii) does not endanger the health or safety of any contractor, employer, worker or self‑employed person who works in or on the plant; and

(b) comply with this Part and the regulations made pursuant to this Part.

3‑15 Every supplier shall:

(a) ensure, insofar as is reasonably practicable, that any biological substance or chemical substance or any plant supplied by the supplier to any owner, contractor, employer, worker or self‑employed person for use in or at a place of employment:

(i) is safe when used in accordance with the instructions provided by the supplier; and

(ii) complies with the requirements of this Part and the regulations made pursuant to this Part;

(b) in the prescribed circumstances:

(i) provide written instruction respecting the safe use of equipment that is supplied by the supplier to be used in or at a place of employment by workers; and

(ii) provide notice when equipment supplied does not or will not likely comply with a prescribed standard when used at a place of employment by workers;

(c) if the supplier has responsibility under a leasing agreement to maintain equipment, maintain that equipment in a safe condition and in compliance with the regulations made pursuant to this Part and any applicable orders issued pursuant to those regulations; and

(d) comply with this Part and the regulations made pursuant to this Part.

3‑16. (1) In this section, "required information":

(a) means any information that an employer, contractor, owner or supplier knows or may reasonably be expected to know and that:

(i) may affect the health or safety of any person who works at a place of employment; or

(ii) is necessary to identify and control any existing or potential hazards with respect to any plant or any process, procedure, biological substance or chemical substance used at a place of employment; and

(b) includes any prescribed information.

(2) Subject to section 3‑17 and Division 7, every employer shall keep readily available all required information and provide that information to the following at a place of employment:

(a) the occupational health committee;

(b) the occupational health and safety representative;

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(3) Subject to Division 7, every contractor shall provide all required information to:

(a) every employer and self‑employed person with whom the contractor has a contract; and

(b) any occupational health committee established by the contractor.

(4) Subject to Division 7, every owner of a plant used as a place of employment shall provide all required information to every contractor, every employer who employs workers who work in or on the plant and every self‑employed person who works in or on the plant.

(5) Subject to Division 7, every supplier shall provide prescribed written instructions and any other prescribed information to every employer to whom the supplier supplies any prescribed biological substance, chemical substance or plant.

3‑17. (1) Subject to Division 7, an employer, owner, contractor or supplier may apply for an exemption from the requirements of subsection 3‑16(2), (3), (4) or (5), as the case may be, with respect to information that contains trade secrets of the applicant by submitting a written request to the director of occupational health and safety.

(2) After consultation with any interested persons that the director of occupational health and safety considers appropriate, the director may exempt an applicant pursuant to subsection (1) from the requirements of subsection 3‑16(2), (3), (4) or (5) with respect to information that contains trade secrets of the applicant.

(3) An exemption pursuant to subsection (2):

(a) must be in writing; and

(b) may be made subject to any terms and conditions that, in the opinion of the director of occupational health and safety, are necessary to secure the health or safety of the workers.

3‑18. (1) An employer shall, as soon as possible in the circumstances, provide any information exempted pursuant to subsection 3‑17(2) that is in the possession of the employer to any physician or registered nurse who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a worker in an emergency.

(2) A physician or registered nurse to whom information is provided pursuant to subsection (1) shall:

(a) use the information only for the purpose for which it is provided; and

(b) keep confidential any information specified by the employer as confidential information.

3‑20. (1) An employer at a prescribed place of employment shall establish and maintain an occupational health and safety program or a prescribed part of an occupational health and safety program in accordance with the regulations made pursuant to this Part.

(2) An occupational health and safety program at a prescribed place of employment must be established and designed in consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(3) An occupational health and safety program must include all prescribed documents, information and matters.

(4) An occupational health and safety program at a prescribed place of employment must be in writing and must be made available, on request, to the occupational health committee, the occupational health and safety representative, the workers or an occupational health officer.

(5) If the work at a place of employment is carried on pursuant to contracts between a contractor and two or more employers, the contractor shall coordinate the occupational health and safety programs of all employers at the place of employment.

(6) The director of occupational health and safety may order an employer to develop an occupational health and safety program for a place of employment if the director considers it to be in the interests of the health, safety and welfare of the employer’s workers based on the criteria set out in subsection (8).

(7) An order issued pursuant to subsection (6) must be in writing.

(8) In making an order pursuant to subsection (6), the director of occupational health and safety shall consider the following criteria:

(a) the frequency of occupationally related injuries and illnesses at the place of employment;

(b) the number and nature of the notices of contravention relating to the place of employment and the history of compliance with those orders and with compliance undertakings;

(c) any additional criteria that the director considers appropriate to protect the health, safety and welfare of workers.

3‑21. (1) An employer operating at a prescribed place of employment where violent situations have occurred or may reasonably be expected to occur shall develop and implement a written policy statement and prevention plan to deal with potentially violent situations after consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(2) A policy statement and prevention plan required pursuant to subsection (1) must include any prescribed provisions.

3‑22. (1) Subject to the regulations made pursuant to this Part, at every place of employment where 10 or more workers of one employer work, the employer shall:

(a) establish an occupational health committee at the place of employment; and

(b) designate persons as members of the occupational health committee in accordance with this section.

(2) An occupational health committee must consist of at least two and no more than 12 persons.

(3) At least half of the members of an occupational health committee must represent workers other than workers connected with the management of the place of employment.

(4) No person who represents workers shall be designated as a member of an occupational health committee unless the person:

(a) has been elected from the place of employment for that purpose by the workers whom the person would represent;

(b) has been appointed from the place of employment in accordance with the constitution or bylaws of the union of which the workers are members; or

(c) if more than one union represents the workers whom the person would represent on the committee, has been appointed for that purpose from the place of employment pursuant to an agreement among all of those unions.

3‑24. (1) Subject to the regulations made pursuant to this Part, at each prescribed place of employment where fewer than 10 workers of one employer work, the employer shall designate a person as the occupational health and safety representative for those workers.

(2) No person may be designated as an occupational health and safety representative unless the person:

(a) has been elected from the place of employment for that purpose by the workers whom the person would represent;

(b) has been appointed from the place of employment in accordance with the constitution or the bylaws of the union of which the workers are members; or

(c) if more than one union represents the workers that the person would represent as an occupational health and safety representative, has been appointed for that purpose from the place of employment pursuant to an agreement among all of those unions.

3‑29. (1) In this section, "employer" means any person who is required to establish an occupational health committee pursuant to section 3‑22 or 3‑23 or the regulations made pursuant to this Part or to designate an occupational health and safety representative pursuant to section 3‑24.

(2) If an employer does not resolve an issue or address a concern raised by an occupational health committee or an occupational health and safety representative with respect to the health, safety and welfare of the workers at a place of employment, the employer shall provide written reasons for not resolving the issue or addressing the concern to the committee or to the representative.

(3) If the parties cannot resolve an issue or address a concern after the provision of written reasons by the employer pursuant to subsection (2), any of the following may refer the matter to an occupational health officer:

(a) the employer;

(b) the occupational health committee;

(c) a member of the occupational health committee;

(d) the occupational health and safety representative.

(4) If a matter is referred to an occupational health officer pursuant to subsection (3), the officer may:

(a) determine that there is no issue or concern and inform the person who referred the matter of the determination;

(b) endeavour to mediate an acceptable resolution of the matter and, if the matter cannot be resolved, give written reasons to the employer and to the occupational health committee or the occupational health and safety representative, as the case may be, why the matter cannot be resolved; or

(c) issue a notice of contravention in accordance with this Part.

(5) Nothing in this section limits the right of a worker to refer any matter respecting occupational health and safety directly to an occupational health officer.

3‑31. A worker may refuse to perform any particular act or series of acts at a place of employment if the worker has reasonable grounds to believe that the act or series of acts is unusually dangerous to the worker’s health or safety or the health or safety of any other person at the place of employment until:

(a) sufficient steps have been taken to satisfy the worker otherwise; or

(b) the occupational health committee has investigated the matter and advised the worker otherwise.

3‑32. If there is no occupational health committee at a place of employment or if the worker or the employer is not satisfied with the decision of the occupational health committee pursuant to clause 3‑31(b):

(a) the worker or the employer may request an occupational health officer to investigate the matter; and

(b) the worker is entitled to refuse to perform the act or series of acts pursuant to section 3‑31 until the occupational health officer has investigated the matter and advised the worker otherwise pursuant to subsection 3‑33(2).

3‑33. (1) If an occupational health officer decides that the act or series of acts that a worker has refused to perform pursuant to section 3‑31 is unusually dangerous to the health or safety of the worker or any other person at the place of employment, the occupational health officer may issue a notice of contravention in writing to the employer requiring the appropriate remedial action.

(2) If an occupational health officer decides that the act or series of acts that a worker has refused to perform pursuant to section 3‑31 is not unusually dangerous to the health or safety of the worker or any other person at the place of employment, the occupational health officer shall, in writing:

(a) advise the employer and the worker of that decision; and

(b) advise the worker that he or she is no longer entitled to refuse to perform the act or series of acts pursuant to section 3‑31.

3‑34. If a worker has refused to perform an act or series of acts pursuant to section 3‑31, the employer shall not request or assign another worker to perform that act or series of acts unless that other worker has been advised by the employer, in writing, of:

(a) the refusal and the reasons for the refusal;

(b) the reason or reasons the worker being assigned or requested to perform the act or series of acts may, in the employer’s opinion, carry out the act or series of acts in a healthy and safe manner; and

(c) the right of the worker to refuse to perform the act or series of acts pursuant to section 3‑31.

3‑35. No employer shall take discriminatory action against a worker because the worker:

(a) acts or has acted in compliance with:

(i) this Part or the regulations made pursuant to this Part;

(ii) Part V or the regulations made pursuant to that Part;

(iii) a code of practice issued pursuant to section 3‑84; or

(iv) a notice of contravention or a requirement or prohibition contained in a notice of contravention;

(b) seeks or has sought the enforcement of:

(i) this Part or the regulations made pursuant to this Part; or

(ii) Part V or the regulations made pursuant to that Part;

(c) assists or has assisted with the activities of an occupational health committee or occupational health and safety representative;

(d) seeks or has sought the establishment of an occupational health committee or the designation of an occupational health and safety representative;

(e) performs or has performed the function of an occupational health committee member or occupational health and safety representative;

(f) refuses or has refused to perform an act or series of acts pursuant to section 3‑31;

(g) is about to testify or has testified in any proceeding or inquiry pursuant to:

(i) this Part or the regulations made pursuant to this Part; or

(ii) Part V or the regulations made pursuant to that Part;

(h) gives or has given information to an occupational health committee, an occupational health and safety representative, an occupational health officer or other person responsible for the administration of this Part or the regulations made pursuant to this Part with respect to the health and safety of workers at a place of employment;

(i) gives or has given information to a radiation health officer within the meaning of Part V or to any other person responsible for the administration of that Part or the regulations made pursuant to that Part;

(j) is or has been prevented from working because a notice of contravention with respect to the worker’s work has been served on the employer; or

(k) has been prevented from working because an order has been served pursuant to Part V or the regulations made pursuant to that Part on an owner, vendor or operator within the meaning of that Part.

3‑38. (1) An occupational health officer shall act pursuant to subsection (2) if the occupational health officer is of the opinion that a person:

(a) is contravening any provision of this Part or the regulations made pursuant to this Part; or

(b) has contravened any provision of this Part or the regulations made pursuant to this Part in circumstances that make it likely that the contravention will continue or will be repeated.

(2) In the circumstances mentioned in subsection (1), the occupational health officer shall:

(a) subject to subsection (4), require the person to enter into a compliance undertaking; or

(b) serve a notice of contravention on the person.

(3) For the purposes of subsection (2):

(a) a compliance undertaking must:

(i) be in writing and in the form approved by the director of occupational health and safety;

(ii) contain a description by the occupational health officer of the action to be undertaken by the person; and

(iii) contain the person’s signed commitment to:

(A) comply or improve compliance with the contravened provision of this Part or the regulations made pursuant to this Part within a period specified by the occupational health officer in the compliance undertaking; and

(B) provide a progress report in accordance with section 3‑43; and

(b) a notice of contravention must:

(i) cite the contravened provision of this Part or of the regulations made pursuant to this Part;

(ii) state the reasons for the occupational health officer’s opinion; and

(iii) require the person to remedy the contravention within a period specified by the occupational health officer in the notice of contravention.

(4) An occupational health officer shall not allow a person to enter into a compliance undertaking if a provision of this Part or the regulations made pursuant to this Part requires that a notice of contravention be issued.

(5) An occupational health officer may serve a notice of contravention on a person notwithstanding that the person has entered into a compliance undertaking if:

(a) the person fails to comply with the compliance undertaking or to provide a progress report in compliance with section 3‑43; or

(b) in the opinion of the occupational health officer, it is necessary to do so to prevent a risk to the health and safety of a worker or it is otherwise in the public interest.

3‑39. A notice of contravention may include directions as to the measures to be taken to remedy the contravention to which the notice relates, and the directions must, if practicable, give the person on whom the notice is served a choice of different ways of remedying the contravention.

3‑40. If an occupational health officer is of the opinion that a contravention of this Part or the regulations made pursuant to this Part involves or may involve a risk to the health or safety of a worker, the occupational health officer may direct in the notice of contravention that any activity to which the notice of contravention relates shall not be carried on after the period specified in the notice or until the contravention specified in the notice has been remedied, whichever occurs first.

3‑41. (1) If an occupational health officer is of the opinion that a contravention of this Part or the regulations made pursuant to this Part involves or may involve a serious risk to the health or safety of a worker, the occupational health officer shall, in the notice of contravention, require the cessation of work that involves a serious risk to workers arising from that contravention until the requirement to cease work has been withdrawn by an occupational health officer.

(2) Notwithstanding subsection (1), if an occupational health officer requires the immediate cessation of any work at or the evacuation of workers from a place of employment or a worksite pursuant to subsection (1), the person on whom the notice of contravention is served may, subject to any direction given by the occupational health officer, carry out or cause workers to carry out the activities or measures necessary to remedy the contravention.

3‑42. If a person enters into a compliance undertaking or an occupational health officer serves a notice of contravention on any person, the occupational health officer shall:

(a) if there is an occupational health committee or an occupational health and safety representative at the place of employment with respect to which the compliance undertaking or notice of contravention applies, provide the occupational health committee or the occupational health and safety representative with a copy of the compliance undertaking or notice of contravention; or

(b) if there is no occupational health committee or occupational health and safety representative at the place of employment with respect to which the compliance undertaking or notice of contravention applies, post a copy of the compliance undertaking or notice of contravention in a conspicuous location at that place of employment.

3‑43. Within five business days after the end of the period specified in a compliance undertaking or notice of contravention within which a contravention is to be remedied, the person who entered into the compliance undertaking or on whom the notice of contravention is served:

(a) shall:

(i) provide the occupational health committee or occupational health and safety representative at the place of employment with respect to which the compliance undertaking or notice of contravention applies with a written report of the progress that has been made towards remedying each contravention of this Part or the regulations made pursuant to this Part that is stated in the compliance undertaking or notice of contravention; or

(ii) if there is no occupational health committee or occupational health and safety representative at the place of employment with respect to which the compliance undertaking or notice of contravention applies, post in a conspicuous location at the place of employment a written report of the progress that has been made towards remedying each contravention of this Part or the regulations made pursuant to this Part that is stated in the compliance undertaking or notice of contravention; and

(b) shall provide the occupational health officer who received the compliance undertaking or who served the notice of contravention with a written report of the progress that has been made towards remedying each contravention of this Part or the regulations made pursuant to this Part that is stated in the compliance undertaking or notice of contravention.

3‑44. If an occupational health officer has served on an employer a notice of contravention that includes a requirement mentioned in section 3‑41, the employer shall assign to alternative work, without loss of pay, his or her workers who are no longer able to work at a worksite with respect to which the notice of contravention applies until the workers are permitted by an occupational health officer to resume their work at the worksite.

3‑48. Without restricting the generality of section 3‑8 or limiting the duties of an employer pursuant to this Part and the regulations made pursuant to this Part, but subject to any prescribed exemptions, every employer shall, with respect to every place of employment controlled by that employer:

(a) ensure that concentrations of biological substances and chemical substances in the place of employment are controlled in accordance with prescribed standards;

(b) ensure that all biological substances and chemical substances in the place of employment are stored, handled and disposed of in the prescribed manner;

(c) ensure that all biological substances and chemical substances in the place of employment, other than hazardous products, are identified in the prescribed manner;

(d) subject to section 3‑50, ensure that each hazardous product in the place of employment or each container in the place of employment in which a hazardous product is contained:

(i) has a label that discloses all applicable prescribed information applied to it; and

(ii) has all applicable prescribed pictograms displayed on it in the prescribed manner; and

(e) subject to section 3‑50, make available to the employer’s workers, to the prescribed extent and in the prescribed manner, a safety data sheet with respect to each hazardous product in the place of employment that discloses:

(i) if the hazardous product is a pure substance, the biological or chemical identity of the hazardous product and, if the hazardous product is not a pure substance, the biological or chemical identity of any ingredient of it that is a hazardous product and the concentration of that ingredient;

(ii) the biological or chemical identity of any ingredient of the hazardous product that the employer has reasonable grounds to believe may be harmful to a worker and the concentration of that ingredient;

(iii) the biological or chemical identity of any ingredient of the hazardous product of which the toxicological properties are not known to the employer and the concentration of that ingredient; and

(iv) any prescribed information with respect to the hazardous product.

[S.S. 2015, c. 31, s. 3]

3‑64. (1) For the purpose of obtaining any information that is required to determine compliance with this Part or the regulations made pursuant to this Part or is otherwise required for the performance of the duties or the exercise of the powers of the director of occupational health and safety, an occupational health officer, the chief occupational medical officer or the chief mines inspector, the director of occupational health and safety may direct any person to provide the director with any information in any form and manner and within any time that the director may specify.

(2) In the prescribed circumstances, an employer shall compile occupationally related injury and illness statistics for the place of employment.

(3) An employer shall:

(a) compile statistics in the prescribed manner; and

(b) ensure that the compilation of the statistics pursuant to clause (a) includes the prescribed matters.

(4) The statistics must be compiled and provided in a manner that protects the confidentiality of workers.

(5) The employer shall:

(a) post the statistics for the information of workers; and

(b) provide the statistics to:

(i) if there is an occupational health committee, the occupational health committee;

(ii) if there is an occupational health and safety representative, the occupational health and safety representative; or

(iii) if there is no occupational health committee or occupational health and safety representative, the workers.

3‑78. No person shall:

(a) fail to comply with any term or condition imposed on that person by a notice of contravention;

(b) intentionally obstruct the director of occupational health and safety, the chief occupational medical officer, the chief mines inspector or an occupational health officer in the exercise of his or her powers or the performance of his or her duties;

(c) fail to reasonably cooperate with the director of occupational health and safety, the chief occupational medical officer, the chief mines inspector or an occupational health officer in the exercise of his or her powers or the performance of his or her duties;

(d) make or cause to be made a false entry in any register, book, notice or other document to be kept by the person pursuant to this Part or the regulations made pursuant to this Part, or delete or destroy any true or proper entry in any of those documents;

(e) take discriminatory action against a worker contrary to section 3‑35;

(f) fail to comply with an order, decision or direction made pursuant to this Part or the regulations made pursuant to this Part; or

(g) fail to comply with any provision of this Part or any provision of the regulations made pursuant to this Part.

3‑79. (1) Subject to subsection (2), every person who is guilty of an offence mentioned in clause 3‑78(b), (d) or (f) that does not cause and is not likely to cause the death of or serious injury to a worker is liable on summary conviction to a fine not exceeding $4,000.

(2) Every person who is guilty of an offence mentioned in clause 3‑78(f) because of a failure by the person to comply with a decision or order of the director of occupational health and safety pursuant to section 3‑53 or with a decision or order of an adjudicator is liable on summary conviction, in addition to any other fine or penalty imposed pursuant to this Act:

(a) to a fine not exceeding $10,000; and

(b) to a further fine not exceeding $1,000 for each day or portion of a day during which the offence continues.

(3) Every person who is guilty of an offence mentioned in clause 3‑78(a), (e) or (g) that does not cause and is not likely to cause the death of or serious injury to a worker is liable on summary conviction to the appropriate fine set out in subsection (4).

(4) A person who is convicted of an offence mentioned in subsection (3) is liable:

(a) for a first offence:

(i) that is a single, isolated offence, to a fine not exceeding $20,000;

(ii) that is a continuing offence:

(A) to a fine not exceeding $20,000; and

(B) to a further fine not exceeding $2,000 for each day or portion of a day during which the offence continues;

(b) for a second or subsequent offence:

(i) that is a single, isolated offence, to a fine not exceeding $40,000;

(ii) that is a continuing offence:

(A) to a fine not exceeding $40,000; and

(B) to a further fine not exceeding $4,000 for each day or portion of a day during which the offence continues.

(5) Every person who is guilty of an offence mentioned in section 3‑78 that does not cause but is likely to cause the death of or serious injury to a worker is liable on summary conviction to the appropriate fine set out in subsection (6).

(6) A person who is convicted of an offence mentioned in subsection (5) is liable:

(a) for a first offence:

(i) that is a single, isolated offence, to a fine not exceeding $100,000;

(ii) that is a continuing offence:

(A) to a fine not exceeding $100,000; and

(B) to a further fine not exceeding $10,000 for each day or portion of a day during which the offence continues;

(b) for a second or subsequent offence:

(i) that is a single, isolated offence, to a fine not exceeding $200,000;

(ii) that is a continuing offence:

(A) to a fine not exceeding $200,000; and

(B) to a further fine not exceeding $20,000 for each day or portion of a day during which the offence continues.

(7) Subject to subsection (9), every person who is guilty of an offence mentioned in section 3‑78 that causes the death of or serious injury to a worker is liable on summary conviction to a fine not exceeding $500,000.

(8) If an individual is convicted of an offence mentioned in subsection (7), the convicting judge may, in addition to imposing a fine, order that the convicted individual be imprisoned for a term not exceeding two years.

(9) If a corporation is convicted of an offence mentioned in subsection (7), the convicting judge may order that the convicted corporation pay a fine not exceeding $1,500,000 if the convicting judge is satisfied that it is appropriate to do so having regard to:

(a) the need to achieve general deterrence;

(b) the number of previous convictions imposed on the convicted corporation;

(c) the number of previous notices of contraventions issued to, and the number of previous compliance undertakings entered into by, the convicted corporation; and

(d) the degree of responsibility of the convicted corporation, including considering the number of employees employed by the convicted corporation.

3‑80. In any proceedings for an offence pursuant to this Part or the regulations made pursuant to this Part respecting a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, the onus is on the accused to prove, as the case may be, that:

(a) it was not practicable or not reasonably practicable to do more than was actually done to satisfy the duty or requirement; or

(b) there was no better practicable means than was actually used to satisfy the duty or requirement.

3‑81. In any proceedings for an offence pursuant to this Part or the regulations made pursuant to this Part consisting of a failure to comply with a duty or requirement related to the training of workers, the onus is on the accused to prove that the training provided met the requirements of this Part and the regulations made pursuant to this Part.

9‑6. Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for that offence whether or not the corporation has been prosecuted or convicted.

9‑8. In a prosecution of an offence pursuant to this Act, any act or neglect on the part of a manager, agent, representative, officer, director or supervisor of the accused, whether or not the accused is a corporation or a union, is deemed to be the act or neglect of the accused.

2‑1(1). As soon as is reasonably possible, an employer, contractor or owner shall give notice to the ministry of the intention to:

(a) begin work at a construction site, manufacturing plant or processing plant where 10 or more workers are to be employed for 6 months or more;

(b) dig an excavation, a trench or an excavated shaft:

(i) that is more than 5 metres deep; and

(ii) that a worker will be required or permitted to enter; or

(c) dig a tunnel that a worker will be required or permitted to enter.

(2) Not later than 14 days before beginning the process, an employer, contractor or owner shall give notice to the ministry of the intention to begin a high risk asbestos process listed in Table 5 of the Appendix.

(3) A notice required by subsection (1) or (2) must include:

(a) the legal name and business name of the employer, contractor or owner;

(b) the location of the site, plant, process or place of employment;

(c) the mailing address of the employer, contractor or owner;

(d) the nature of the work or process to be undertaken;

(e) the number of workers to be employed;

(f) the telephone number and fax number of the employer, contractor or owner; and

(g) the estimated starting date and expected duration of the work or process.

2‑5. On the minister’s request, an employer shall provide to the ministry, or to any other agency that may be designated by the minister, a report setting out details of all hours worked and all work‑related injuries during the preceding year.

3‑1. The duties of an employer at a place of employment include:

(a) the provision and maintenance of plant, systems of work and working environments that ensure, as far as is reasonably practicable, the health, safety and welfare at work of the employer’s workers;

(b) arrangements for the use, handling, storage and transport of articles and substances in a manner that protects the health and safety of workers;

(c) the provision of any information, instruction, training and supervision that is necessary to protect the health and safety of workers at work; and

(d) the provision and maintenance of a safe means of entrance to and exit from the place of employment and all worksites and work‑related areas in or on the place of employment.

3‑2. A worker shall:

(a) use the safeguards, safety appliances and personal protective equipment provided in accordance with these regulations and any other regulations made pursuant to the Act; and

(b) follow the safe work practices and procedures required by or developed pursuant to these regulations and any other regulations made pursuant to the Act.

3‑3(1). An employer or contractor shall ensure that no person under the age of 16 years is employed or permitted to work:

(a) on a construction site;

(b) in a production process at a pulp mill, sawmill or woodworking establishment;

(c) in a production process at a smelter, foundry, refinery or metal processing or fabricating operation;

(d) in a confined space;

(e) in a production process in a meat, fish or poultry processing plant;

(f) in a forestry or logging operation;

(g) on a drilling or servicing rig;

(h) as an operator of powered mobile equipment, a crane or a hoist;

(i) if exposure to a chemical or biological substance is likely to endanger the health or safety of the person; or

(j) in power line construction or maintenance.

(2) An employer or contractor shall ensure that no person under the age of 18 years is employed:

(a) underground or in an open pit at a mine;

(b) as a radiation worker;

(c) in an asbestos process as defined in section 23‑1;

(d) in a silica process as defined in section 24‑1; or

(e) in any activity for which these regulations or any other regulations made pursuant to the Act require the use of an atmosphere‑supplying respirator.

3‑4 An employer or contractor shall:

(a) make readily available for reference by workers a copy of:

(i) the Act;

(ii) any regulations made pursuant to the Act that apply to the place of employment or to any work done there; and

(iii) any standards adopted in the regulations that address work practices or procedures and that apply to the place of employment or to any work done there; and

(b) if the information mentioned in clause (a) or in section 3‑16 of the Act will be posted, provide a suitable bulletin board to be used primarily to post information on health and safety related to the place of employment.

3‑5(1). A contractor shall give notice in writing to every employer, worker or self‑employed person at the place of employment, setting out:

(a) the name of the person who is supervising the work on behalf of the contractor;

(b) any emergency facilities provided by the contractor for the use of the employers’ workers or self‑employed persons; and

(c) the existence of a committee or representative, if any, at the place of employment and the means to contact the committee or representative.

(2) Subsection (1) applies only to contractors at major construction projects and to contractors involved in those activities to which Part 29 applies.

3‑6(1) An employer or contractor shall ensure that:

(a) all work at a place of employment is sufficiently and competently supervised;

(b) supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor’s responsibility:

(i) the Act and any regulations made pursuant to the Act that apply to the place of employment;

(ii) any occupational health and safety program at the place of employment;

(iii) the safe handling, use, storage, production and disposal of chemical and biological substances;

(iv) the need for, and safe use of, personal protective equipment;

(v) emergency procedures required by these regulations;

(vi) any other matters that are necessary to ensure the health and safety of workers under the supervisor’s direction; and

(c) supervisors comply with the Act and any regulations made pursuant to the Act that apply to the place of employment and ensure that the workers under their direction comply with the Act and those regulations.

(2) A supervisor shall ensure that the workers under the supervisor’s direction comply with the Act and any regulations made pursuant to the Act that apply to the place of employment.

3‑7. An employer shall ensure that each worker:

(a) is informed of the provisions of the Act and any regulations pursuant to the Act that apply to the worker’s work at the place of employment; and

(b) complies with the Act and those regulations.

3‑11(1). Subject to subsection (2), an occupational health and safety program required by section 3‑20 of the Act must include:

(a) a statement of the employer’s policy with respect to the protection and maintenance of the health and safety of the workers;

(b) the identification of existing and potential risks to the health or safety of workers at the place of employment and the measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate or control those risks;

(c) the identification of internal and external resources, including personnel and equipment, that may be required to respond to an emergency;

(d) a statement of the responsibilities of the employer, the supervisors and the workers;

(e) a schedule for the regular inspection of the place of employment and of work processes and procedures;

(f) a plan for the control of any biological or chemical substance handled, used, stored, produced or disposed of at the place of employment and, if appropriate, the monitoring of the work environment;

(g) a plan for training workers and supervisors in safe work practices and procedures, including any procedures, plans, policies or programs that the employer is required to develop pursuant to the Act or any regulations made pursuant to the Act that apply to the work of the workers and supervisors;

(h) a procedure for the investigation of accidents, dangerous occurrences and refusals to work pursuant to section 3‑31 of the Act at the place of employment;

(i) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of accidents, dangerous occurrences and refusals to work pursuant to section 3‑31 of the Act; and

(j) a procedure to review and, if necessary, revise the occupational health and safety program at specified intervals that are not greater than 3 years and whenever there is a change of circumstances that may affect the health or safety of workers.

(2) The places of employment set out in Table 7 of the Appendix with 10 or more workers are prescribed for the purposes of section 3‑20 of the Act.

(3) An employer at a place of employment mentioned in subsection (2) shall establish an occupational health and safety program that meets the requirements set out in subsection (1).

3‑13. An employer, contractor or supplier shall ensure that equipment and personal protective equipment that is required by these regulations to be approved by a named agency has the seal, stamp, logo or similar identifying mark of the agency indicating that approval affixed to:

(a) the equipment or personal protective equipment; or

(b) the packaging with which the equipment or personal protective equipment is contained.

3‑14(1). An employer shall ensure that all equipment is maintained at intervals that are sufficient to ensure the safe functioning of the equipment.

(2) If a defect is found in equipment, an employer shall ensure that:

(a) steps are taken immediately to protect the health and safety of any worker who may be at risk until the defect is corrected; and

(b) the defect is corrected by a competent person as soon as is reasonably practicable.

(3) A worker who knows or has reason to believe that equipment under the worker’s control is not in a safe condition shall:

(a) immediately report the condition of the equipment to the employer; and

(b) repair the equipment if the worker is authorized and competent to do so.

3‑25(1). An employer, in consultation with the committee, shall develop a policy in writing to prevent harassment that includes:

(a) a definition of harassment that includes the definition in the Act;

(b) a statement that every worker is entitled to employment free of harassment;

(c) a commitment that the employer will make every reasonably practicable effort to ensure that no worker is subjected to harassment;

(d) a commitment that the employer will take corrective action respecting any person under the employer’s direction who subjects any worker to harassment;

(e) an explanation of how complaints of harassment may be brought to the attention of the employer;

(f) a statement that the employer will not disclose the name of a complainant or an alleged harasser or the circumstances related to the complaint to any person except if disclosure is:

(i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint; or

(ii) required by law;

(g) a reference to the provisions of the Act respecting harassment and the worker’s right to request the assistance of an occupational health officer to resolve a complaint of harassment;

(h) a reference to the provisions of The Saskatchewan Human Rights Code respecting discriminatory practices and the worker’s right to file a complaint with the Saskatchewan Human Rights Commission;

(i) a description of the procedure that the employer will follow to inform the complainant and the alleged harasser of the results of the investigation; and

(j) a statement that the employer’s harassment policy is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to any other law.

(2) An employer shall:

(a) implement the policy developed pursuant to subsection (1); and

(b) post a copy of the policy in a conspicuous place that is readily available for reference by workers.

3‑26(1). In this section, "violence" means the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury.

(2) Places of employment that provide the following services or activities are prescribed for the purposes of subsection 3‑21(1) of the Act:

(a) services provided by health care facilities mentioned in clauses (a) to (e) and (l) of the definition of "health care facilities" in section 31‑1;

(b) pharmaceutical‑dispensing services;

(c) education services;

(d) police services;

(e) corrections services;

(f) other law enforcement services;

(g) security services;

(h) crisis counselling and intervention services;

(i) late night retail premises as defined in section 3‑27;

(j) financial services;

(k) the sale of alcoholic beverages or the provision of premises for the consumption of alcoholic beverages;

(l) taxi services;

(m) transit services.

(3) A policy statement and prevention plan required by subsection 3‑21(1) of the Act must be in writing and must include:

(a) the employer’s commitment to minimize or eliminate the risk;

(b) the identification of the worksites where violent situations have occurred or may reasonably be expected to occur;

(c) the identification of any staff positions at the place of employment that have been, or may reasonably be expected to be, exposed to violent situations;

(d) the procedure to be followed by the employer to inform workers of the nature and extent of risk from violence, including, except if the disclosure is prohibited by law, any information in the employer’s possession related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work;

(e) the actions the employer will take to minimize or eliminate the risk, including the use of personal protective equipment, administrative arrangements and engineering controls;

(f) the procedure to be followed by a worker who has been exposed to a violent incident to report the incident to the employer;

(g) the procedure the employer will follow to document and investigate a violent incident reported pursuant to clause (f);

(h) a recommendation that any worker who has been exposed to a violent incident consult the worker’s physician for treatment or referral for post incident counselling; and

(i) the employer’s commitment to provide a training program for workers that includes:

(i) the means to recognize potentially violent situations;

(ii) procedures, work practices, administrative arrangements and engineering controls that have been developed to minimize or eliminate the risk to workers;

(iii) the appropriate responses of workers to incidents of violence, including how to obtain assistance; and

(iv) procedures for reporting violent incidents.

(4) If a worker receives treatment or counselling mentioned in clause (3) (h) or attends a training program mentioned in clause (3) (i), an employer shall credit the worker’s attendance as time at work and ensure that the worker loses no pay or other benefits.

(5) An employer shall make readily available for reference by workers a copy of the policy statement and prevention plan required by subsection 3‑21(1) of the Act.

(6) An employer shall ensure that the policy statement and prevention plan required by subsection 3‑21(1) of the Act is reviewed and, if necessary, revised every 3 years and whenever there is a change of circumstances that may affect the health or safety of workers.

3‑27(1). In this section, "late night retail premises" means a place of employment that is open to the public between the hours of 11:00 p.m. and 6:00 a.m. for the purposes of making retail sales to consumers.

(2) In addition to the requirements imposed by sections 3‑24 and 3‑26, an employer of workers at a late night retail premises shall conduct a workplace hazard assessment in accordance with an approved industry standard.

(3) The employer shall conduct the workplace hazard assessment required by subsection (2):

(a) in the case of an employer who operates a late night retail premises on the day on which this section comes into force, as soon as is reasonably practicable after the day on which this section comes into force;

(b) in the case of an employer who operates a place of employment that becomes a late night retail premises after the day on which this section comes into force, as soon as is reasonably practicable after the day on which the place of employment became a late night retail premises.

(4) An employer shall ensure that the workplace hazard assessment required by subsection (2) is reviewed and, if necessary, revised every 3 years and whenever there is a change of circumstances that may affect the health or safety of workers.

(5) In addition to the requirements of sections 3‑24 and 3‑26, an employer of workers at a late night retail premises shall implement the following security measures:

(a) the development of written safe cash handling procedures that minimize the amount of money that is readily accessible to the worker in the establishment;

(b) the use of video cameras that capture key areas in the workplace, including the cash desk and the outdoor gas pumps, if applicable;

(c) the establishment of measures to ensure good visibility into and out of the premises; and (d) the placement of signs to indicate:

(i) the worker’s limited accessibility to cash and valuables; and

(ii) the use of video cameras on the premises.

(6) An employer of workers at a late night retail premises that has 1 worker working alone between the hours of 11:00 p.m. and 6:00 a.m. shall, in addition to the requirements set out in section 3‑24 and subsection (5):

(a) implement a check‑in system and a written check‑in procedure for that worker; and

(b) provide a personal emergency transmitter to be worn by the worker that signals for emergency response when activated.

4‑1. A contractor shall establish a committee at a construction site at which 10 or more workers or self‑employed persons work or are likely to work for more than 90 days.

4‑2(1). An employer or contractor who is required to establish a committee shall:

(a) in designating the members:

(i) select persons to represent the employer or contractor on the committee; and

(ii) ensure that there is a sufficient number of members representing workers on the committee to equitably represent groups of workers who have substantially different occupational health and safety concerns; and

(b) designate members for a term not exceeding 3 years.

(2) Members of a committee hold office until a successor is designated, and may be re‑designated for a second or subsequent term.

4‑8(1). The places of employment set out in Table 7 of the Appendix where more than 4 but fewer than 10 workers of 1 employer work are prescribed for the purposes of section 3‑24 of the Act.

(2) An employer at a place of employment described in subsection (1) shall designate a representative for the workers at that place of employment not later than the day on which the place of employment is prescribed pursuant to subsection (1).

4‑10(1). At a place of employment where a representative is designated, an employer shall meet with the representative regularly to discuss health and safety matters.

(2) A representative may call a special meeting with an employer to deal with urgent concerns, imminent dangers to health or safety or investigations of accidents or dangerous occurrences.

4‑11(1). An employer or contractor shall ensure that:

(a) the members of a committee or a representative are allowed to examine any log book, inspection report or other record that the employer or contractor is required to keep at the place of employment pursuant to the Act or any regulations made pursuant to the Act;

(b) members of a committee or a representative have reasonable opportunity, during normal working hours and without loss of pay or other benefits, to receive and investigate concerns, to inform workers of the provisions of the Act or any regulations made pursuant to the Act or to conduct other business proper to the functioning of the committee or the representative;

(c) members of a committee have reasonable opportunity to hold a special meeting pursuant to section 4‑7 at any time; and

(d) a representative has reasonable opportunity to hold a special meeting pursuant to subsection 4‑10(2) at any time.

(2) An employer or contractor shall ensure that no member of a committee or representative who participates in a regular meeting held pursuant to section 4‑4 or subsection 4‑10(1) or in a special meeting held pursuant to section 4‑7 or 4‑12 or subsection 4‑10(2) loses any pay or other benefits as a result of that participation.

7‑1(1). If it is not reasonably practicable to protect the health and safety of workers by design of the plant and work processes, suitable work practices or administrative controls, an employer or contractor shall ensure that every worker wears or uses suitable and adequate personal protective equipment.

(2) If personal protective equipment will not effectively protect a worker, an employer or contractor shall, if reasonably practicable, provide alternative work arrangements for that worker.

7‑2(1). If an employer or contractor is required by these regulations or any other regulations made pursuant to the Act to provide personal protective equipment, the employer or contractor shall:

(a) supply approved personal protective equipment to the workers at no cost to the workers;

(b) ensure that the personal protective equipment is used by the workers;

(c) ensure that the personal protective equipment is at the worksite before work begins;

(d) ensure that the personal protective equipment is stored in a clean, secure location that is readily accessible to workers;

(e) ensure that each worker is aware of the location of the personal protective equipment and trained in its use;

(f) inform the workers of the reasons why the personal protective equipment is required to be used and of the limitations of its protection; and

(g) ensure that personal protective equipment provided to a worker:

(i) is suitable and adequate and a proper fit for that worker;

(ii) is maintained and kept in a sanitary condition; and

(iii) is removed from use or service when damaged.

(2) If an employer or contractor requires a worker to clean and maintain personal protective equipment, the employer shall ensure that the worker has adequate time during normal working hours without loss of pay or other benefits for this purpose.

(3) If reasonably practicable, an employer or contractor shall make appropriate adjustments to the work procedures and the rate of work to eliminate or reduce the danger or discomfort to the worker that may arise from the worker’s use of personal protective equipment.

(4) A worker who is provided with personal protective equipment by an employer or contractor shall:

(a) use the personal protective equipment; and

(b) take reasonable steps to prevent damage to the personal protective equipment.

(5) If personal protective equipment provided to a worker becomes defective or otherwise fails to provide the protection it was intended for, the worker shall:

(a) return the personal protective equipment to the employer or contractor; and

(b) inform the employer or contractor of the defect or other reason why the personal protective equipment does not provide the protection that it was intended to provide.

(6) An employer or contractor shall immediately repair or replace any personal protective equipment returned to the employer or contractor pursuant to clause (5) (a).

8‑6(1). If 10 or more workers’ occupational noise exposure exceeds or is believed to exceed 85 dBA L_ex, an employer or contractor shall, in consultation with the committee:

(a) develop a hearing conservation plan; and

(b) review and, if necessary, revise the hearing conservation plan every 3 years.

(2) An employer or contractor shall implement a hearing conservation plan developed pursuant to subsection (1) and appoint a supervisor to oversee the plan.

(3) A hearing conservation plan must be in writing and must include:

(a) the methods and procedures to be used in assessing the occupational noise exposure of workers;

(b) the methods of noise control to be used, including engineering controls and administrative arrangements;

(c) the selection, use and maintenance of hearing protectors;

(d) a plan to train workers in the hazards of excessive exposure to noise and the correct use of control measures and hearing protectors;

(e) the maintenance of exposure records;

(f) the requirements for audiometric tests; and

(g) a schedule for reviewing the hearing conservation plan and procedures for conducting the review.

(4) An employer or contractor shall make a copy of a hearing conservation plan readily available for reference by workers.

12‑31(1). If structural members of a skeleton structure or concrete sections of a structure are to be erected, an employer or contractor shall ensure that the design includes safe procedures for erecting the members or sections.

(2) An employer or contractor shall ensure that:

(a) the design and safe procedures for erecting the members or sections required by subsection (1) are certified as safe by a professional engineer; and

(b) all the necessary drawings and instructions to erect the structure safely are kept at the worksite.

(3) An employer or contractor shall ensure that the workers are instructed in and follow the safe procedures required by subsection (1).

(4) If the procedures mentioned in subsection (1) have to be modified, an employer or contractor shall ensure that:

(a) the modified procedures are certified by a professional engineer; and

(b) the drawings showing the modified procedures are available at the worksite.

(5) An employer or contractor shall ensure that a competent supervisor is present on the worksite while the erection of a skeleton structure is in progress until the structure has been permanently stabilized.

14‑1. In this Part:

"pendant" means a fixed‑length rope that forms part of a boom‑suspension system;

"rigging" means any combination of rope, wire rope, cable, chain, sling, sheave, hook and associated fittings used in a hoisting operation.

14‑2. An employer or contractor shall ensure that:

(a) all rigging is assembled, used, maintained and dismantled under the supervision of a competent worker and in accordance with the manufacturer’s specifications and instructions; and

(b) any worker who is required or permitted to assemble, use, maintain or dismantle rigging is trained in safe rigging practices.

19‑1. In this Part:

"air lock" means a chamber designed for the passage of persons or materials from one place to a place with a different air pressure;

"compressed air" means air that is mechanically raised to a pressure higher than 15 kilopascals above atmospheric pressure;

"medical lock" means a chamber in which persons may be subjected to changes in air pressure for medical purposes;

"working chamber" means the part of a project under construction that is used for work in compressed air, but does not include an air lock or medical lock.

19‑4(1). If workers are employed in a working chamber, an employer or contractor shall ensure that:

(a) emergency procedures, including decompression procedures, have been developed that are adequate to prevent worker ill health;

(b) the workers are fully trained in the emergency procedures required by clause (a);

(c) the workers are regularly monitored by a physician; and

(d) a competent supervisor is appointed and given the authority and resources necessary to protect the health and safety of workers in the working chamber.

(2) A worker who is monitored by a physician pursuant to clause (1) (c) shall comply with any requirement that the physician considers necessary to prevent or treat ill health caused by working in compressed air.

(3) An employer or contractor shall ensure that the emergency procedures required by clause (1) (a) are implemented in an emergency.

Definitions for Part

20‑1 In this Part:

"air" means respirable air;

"atmospheric pressure" means the atmospheric pressure at the surface of the water;

"bail‑out system" means an independent breathing gas supply of sufficient quantity to return a diver to the surface, to a diving bell or to an emergency supply in the event of a malfunction of the primary breathing gas supply system;

"bottom time" means the total elapsed time, measured in minutes, from the time a descending diver leaves the surface of the water to the time the diver begins final ascent;

"breathing gas" means air or mixed gas;

"buddy system" means the system described in section 20‑16;

"class A hyperbaric chamber" means a hyperbaric chamber that meets the requirements of Canadian Standards Association standard Z275.1‑93 Hyperbaric Facilities for a class A hyperbaric chamber;

"decompression limit" means the point in the descent of a diver, based on the depth and duration of the dive and determined in accordance with a decompression table, beyond which the diver will require 1 or more decompression stops during ascent if the diver descends further;

"decompression schedule" means the procedure derived from a decompression table that a diver follows during ascent from a depth in order to minimize the risk of decompression sickness;

"decompression sickness" means a condition caused by the formation of gas bubbles in the blood or body tissue as a result of the reduction of pressure on the body;

"decompression table" means a table mentioned in section 20‑3;

"dive site" means the location at the surface of the water at which a diver enters the water at the beginning of a dive and to which the diver intends to return on ascent;

"diver" means a competent worker or competent self‑employed person who performs underwater work;

"diver’s tender" means a worker who monitors the dive of a diver and who is competent in the diving apparatus being used for a dive, the diving operation in progress and the emergency diving procedures and signals to be used between diver and diver’s tender;

"diving supervisor" means a competent person who has complete responsibility for a diving operation, including responsibility for the health and safety of all diving personnel;

"dressed‑in" means fully equipped to dive and ready to enter the water, with all life support and communications equipment tested and at hand, but not necessarily with the helmet, face plate or face mask in place;

"free swimming diving" means diving while using scuba with the diver supervised but not tethered to the surface by a lifeline or float;

"hyperbaric chamber" means a pressure vessel and associated equipment that are designed for the purpose of subjecting persons to pressures greater than atmospheric pressures;

"lifeline" means a line of manila rope that is 19 millimetres in diameter and has a breaking strength of not less than 2454 kilograms, or material of equivalent or greater strength, secured at the surface to a substantial anchorage;

"mixed gas" means a respirable breathing mixture, other than air, that provides adequate oxygen to support life and does not cause excessive breathing resistance, impairment of neurological functions or other detrimental physiological effects;

"scuba" means a self‑contained underwater breathing apparatus, and includes self‑contained open‑circuit compressed air breathing apparatus;

"standby diver" means a diver who is:

(a) available at a dive site to give assistance to a submerged diver in the event of an emergency;

(b) dressed‑in; and

(c) trained and equipped to operate at the depths and in the circumstances in which the submerged diver is operating;

"surface supply diving" means a mode of diving in which a diver is supplied from the dive site with a breathing gas by way of an umbilical;

"therapeutic recompression" means treatment of a diver for decompression sickness, usually in a hyperbaric chamber, in accordance with section 20‑3;

"umbilical" means a life support hose bundle comprising a composite hose and cable, or separate hoses and cables, that:

(a) extends from the surface to a diver or to a submersible chamber occupied by a diver; and

(b) supplies breathing gas, power, heat and communication to the diver.

20‑5. An employer shall:

(a) ensure that a diving operation is conducted under the direction of a diving supervisor; and

(b) give to the diving supervisor all the information and resources necessary to protect the health and safety of every diver under the supervisor’s direction.

27‑4. In a demolition, an employer, contractor or owner shall:

(a) appoint a competent supervisor to be in charge of the demolition at all times that the work is in progress;

(b) ensure that all workers or equipment are located clear of any falling material; and

(c) if a worker is or may be present in a building during its demolition, ensure that the demolition is performed floor by floor from the top downward.

29‑3(1). An employer, contractor or owner shall appoint a competent person to supervise any oil or gas exploration, drilling, servicing, testing or production operation.

(2) An employer, contractor or owner shall ensure that the supervisor appointed pursuant to subsection (1) is knowledgeable about, and experienced in the following matters that are within the area of the supervisor’s responsibility:

(a) safe work practices, including the safe operation of any plant at the place of employment;

(b) the safe handling, use and storage of hazardous substances;

(c) well control and blowout prevention;

(d) the detection and control of worker exposure to hydrogen sulphide;

(e) the handling, use, maintenance and storage of personal protective equipment;

(f) the appropriate response to any emergency situation at the place of employment;

(g) the duties and responsibilities of all workers being supervised by the supervisor;

(h) the training of workers being supervised by the supervisor in safe work practices and procedures.

(3) An employer, contractor or owner who has appointed a supervisor pursuant to subsection (1) shall:

(a) give written notice to all employers and self‑employed persons who are involved in the operation of the name, method of contact, duties and responsibilities of the supervisor; and

(b) obtain written acknowledgement from each employer or self‑employed person involved in the operation that the employer or self‑employed person has received the notice required by clause (a) and has agreed to accept the direction of the supervisor.

31‑3(1) In addition to the requirements of section 3‑6, an employer, contractor or owner shall appoint competent persons to supervise at the place of employment.

(2) An employer, contractor or owner shall ensure that every supervisor appointed pursuant to subsection (1) is knowledgeable about, and experienced in the following matters that are within the area of the supervisor’s responsibility:

(a) safe work practices and procedures, including the use of engineering controls in use at the place of employment;

(b) the safe handling, use and storage of hazardous substances;

(c) techniques for safely mobilizing, lifting, holding, turning, positioning and transferring patients, residents and clients;

(d) the handling, use, maintenance and storage of personal protective equipment;

(e) the appropriate response to any emergency situation at the place of employment.

(3) An employer, contractor or owner shall ensure that every supervisor appointed pursuant to subsection (1) is knowledgeable in the following matters that are within the area of the supervisor’s responsibility:

(a) the duties and responsibilities of all workers being supervised by the supervisor;

(b) the training of workers under the supervision of the supervisor in safe work practices and procedures.

(4) An employer, contractor or owner who has appointed a supervisor pursuant to subsection (1) shall ensure that all workers and self‑employed persons who work at the place of employment and who are to be supervised by that supervisor are informed of the name of the supervisor.

31‑14. An employer, in consultation with the committee, shall ensure that all programs, training, work practices, procedures and policies developed pursuant to this Part are reviewed and, if necessary, revised at least every 3 years and whenever there is a change of circumstances that may affect the health or safety of workers.

33‑1. In this Part:

"construction industry" does not include activities or operations undertaken by a person in connection with constructing or renovating if the worksite comprises dwellings that are less than 4 units;

"forestry industry" includes activities or operations of a mill operation as defined in section 28‑1;

"oil and gas industry" means the drilling, operation and servicing of a gas well or oil well as regulated by Part 29;

"required worksite" means a worksite that is required by section 3‑13 of the Act and by these regulations to have a prime contractor.

33‑2(1). A worksite is a required worksite if 10 or more self‑employed persons or workers under the direction of 2 or more employers are engaged at the worksite in one or more of the following industries:

(a) the construction industry;

(b) the forestry industry;

(c) the oil and gas industry.

(2) If a worksite is a required worksite, the prime contractor is:

(a) the contractor, employer or other person who enters into a written agreement with the owner of the worksite to be the prime contractor; or

(b) if no agreement mentioned in clause (a) has been made or is in force, the owner of the worksite.

33‑3(1). An owner at a required worksite shall:

(a) designate the owner or another person as the prime contractor for the required worksite; and

(b) if the owner is not the prime contractor, provide, in writing, the prime contractor with the following information as soon as possible after designating the prime contractor:

(i) the policies, procedures and safe work practices mentioned in clause 33‑4(c) of each employer or self‑employed person;

(ii) any required information, as defined in subsection 3‑16(1) of the Act, that is known or reasonably expected to be known by the employer or self‑employed person; and

(iii) any other information reasonably required by the prime contractor to coordinate the activities at the worksite that may affect the health and safety of workers and self‑employed persons engaged at the worksite.

(2) If the information mentioned in subclause (1) (b) (ii) changes, the employer or self‑employed person who provided the information shall provide the prime contractor with notice of any change as soon as is reasonably practicable after the change.

(3) An owner, employer and self‑employed person at a required worksite shall comply with any reasonable direction issued by the prime contractor or the person identified pursuant to clause 33‑4(d) for the purpose of performing duties of the owner, employer or self‑employed person pursuant to Part III of the Act and these regulations.

(4) Every employer at a required worksite shall:

(a) designate a competent person as the designated supervisor for the employer’s workers at the required worksite; and

(b) give the prime contractor the name of the person designated as the designated supervisor pursuant to clause (a).

(5) Every designated supervisor shall perform the duties imposed on supervisors by Part III of the Act and these regulations and shall carry out any other duties required to be performed pursuant to any another Act or regulation.

(6) Nothing in this section is to be interpreted as limiting or replacing the duties or requirements imposed by Part III of the Act and these regulations on an employer or any other person.

33‑4. For the purposes of section 3‑13 of the Act, the prime contractor shall:

(a) ensure that the names of and the method of contacting the prime contractor and the individual identified pursuant to clause (d) are posted at a conspicuous location at the required worksite;

(b) ensure that all activities at the required worksite that may affect the health and safety of workers or self‑employed persons are coordinated;

(c) ensure, insofar as is reasonably practicable, that all employers and self‑employed persons have adequate and appropriate policies, procedures, safe work practices, equipment, competent workers and information to ensure that:

(i) the employers, the workers and the self‑employed persons comply with Part III of the Act and these regulations;

(ii) the activities of the employers, the workers or the self‑employed persons do not jeopardize the health and safety of a worker or self‑employed person at the required worksite; and

(iii) the employers, the workers and the self‑employed persons comply with any health and safety related policies and procedures implemented by the prime contractor;

(d) identify a competent person to oversee and direct, on behalf of the prime contractor, the activities of owners, employers, workers and self‑employed persons at the required worksite;

(e) prepare a written plan that:

(i) addresses how the requirements imposed by clauses (b) and (c) are being met;

(ii) sets out the name and the method of contacting the individual identified pursuant to clause (d);

(iii) identifies the supervisors for the required worksite designated by employers pursuant to clause 33‑3(4) (a); and

(iv) addresses other matters that the minister may require to be addressed;

(f) deliver a copy of the written plan mentioned in clause (e) to all employers and self‑employed persons before they commence working at the required worksite;

(g) cooperate with any other person performing a duty imposed by Part III of the Act or these regulations;

(h) identify and inform employers, workers and self‑employed persons about the hazards in or at the required worksite for which the prime contractor is responsible;

(i) ensure, insofar as is reasonably practicable, that the employers or self‑employed persons at the required worksite eliminate:

(i) hazards identified by the prime contractor before activities or operations begin at the required worksite; and

(ii) while activities or operations continue at the required worksite, hazards identified by the prime contractor after activities or operations have commenced;

(j) ensure, insofar as is reasonably practicable, that the employers or self‑employed persons at the required worksite reduce or control hazards that it is not reasonably practicable to eliminate; and

(k) comply with Part III of the Act and these regulations.