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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DALE LOVICK

MINISTER OF LABOUR

BILL 14 – 1998

WORKERS COMPENSATION

(OCCUPATIONAL HEALTH AND SAFETY)

AMENDMENT ACT, 1998

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(

a) by repealing the definition of "outworker" , and

(

b) by repealing the definition of "regulations" and substituting the following:

"regulation", when used in

Part 1, means rules

and regulations made by the board under that Part; .

Section 6 (5) is repealed.

Section 13 (2) is repealed.

Section 36 is amended by striking out "expenses incurred in administering the Workplace

Act ," and substituting "expenses incurred in administering

Part 3 of this Act," .

5 Sections 70 to 72 are repealed.

Section 73 is repealed and the following substituted:

Levy from employer to cover amount of compensation

(1) If

(

a) an injury, death or disablement from occupational disease in respect of

which compensation is payable occurs to a worker, and

(

b) the board considers that this was due substantially to

(

i) the gross negligence of an employer,

(ii) the failure of an employer to adopt reasonable means for the

prevention of injuries, deaths or occupational diseases, or

(iii) the failure of an employer to comply with the orders or directions of

the board, or with the regulations made under

Part 3 of this Act,

the board may levy and collect from that employer as a contribution to the

accident fund all or part of the amount of the compensation payable in respect of

the injury, death or occupational disease, to a maximum of $40 000.

(2) The payment of an amount levied under subsection (1) may be enforced in the

same manner as the payment of an assessment may be enforced.

Section 74 is repealed.

Section 75 is amended

(

a) by repealing subsection (2),

(

b) in subsection (3) by striking out "any other regulation" and substituting "a regulation"

, and

(

c) by repealing subsections (4) and (5).

Section 76 is repealed and the following substituted:

Effective date of regulations

76 A regulation of the board under this Part must specify the date on which it is to come

into force, which date must be at least 90 days after its deposit under the Regulations

Act .

Section 77 is amended

(

a) by repealing subsection (1), and

(

b) in subsection (2) by striking out "under this Act" and substituting "under this Part" .

Section 83.1 is amended

(

a) in subsection (1) by striking out "this Act, the Workplace

Act " and substituting "this Act", and

(

b) by repealing subsection (3) (

b) and substituting the following:

(

b) has the protections given to the governors under sections 96 (1) and 113 of

this Act and

section 20 (2) to (4) of the Criminal Injury Compensation Act .

Section 86 (1) is amended by striking out "prescribe" and substituting "establish" .

Section 95 (1.1) (

d) is amended by striking out "under this Part" and substituting "under

this Part or

Part 3" .

Section 96 is amended

(

a) by repealing subsection (6) (

c) and substituting the following:

(

c) a levy under

section 73 , and

(

b) by repealing subsection (6.1) (

a) and substituting the following:

(

a) an assessment, other than an assessment under

section

223 (1) (a), .

15 The following

Part is added:

Part 3 – Occupational Health and Safety

Division 1 –

Interpretation and Purposes

Definitions

106 In this Part and in the regulations under this Part:

"appeal tribunal" means the appeal division of the board;

"collective agreement" means the same as in the Fishing Collective Bargaining Act ,

the Labour Relations Code or the Public Service Labour Relations Act ;

"employer" means

(

a) an employer as defined in

section 1,

(

b) a person who is deemed to be an employer under

Part 1 of this Act or the

regulations under that Part, and

(

c) the owner and the master of a fishing vessel for which there is crew to whom

Part 1 applies as if the crew were workers,

but does not include a person exempted from the application of this Part by order

of the board;

"hazardous substance" includes

(

a) a controlled product within the meaning of the Hazardous

Products Act (Canada),

(

b) a substance designated as a hazardous substance by regulation, and

(

c) a biological, chemical or physical agent that, by reason of its properties, is

hazardous to the health or safety of persons exposed to it;

"joint committee" means a joint health and safety committee under Division 4 of

this Part;

"officer" means a person appointed as an officer under

section 86 (1) or a person

authorized to act as an officer under

section 114;

"order" means an order under this Part or the regulations;

"owner" includes

(

a) a trustee, receiver, mortgagee in possession, tenant, lessee, licensee or

occupier of any lands or premises used or to be used as a workplace, and

(

b) a person who acts for or on behalf of an owner as an agent or delegate;

"prime contractor" means the prime contractor for a workplace within the meaning

section 118;

"regulation" means a regulation under this Part made by the board or by the

Lieutenant Governor in Council;

"right to refuse unsafe work" means the right under

section 141;

"supplier" means a person who manufactures, supplies, sells, leases, distributes,

erects or installs

(

a) any tool, equipment, machine, device, or

(

b) any biological, chemical or physical agent

to be used by a worker;

"union" means an organization of workers formed for purposes that include the

regulation of relations between workers and employers;

"variance order" means an order under

section 164;

"wages" means the same as in the Employment Standards Act ;

"work related" means arising from or in connection with work activities;

"worker" means

(

a) a worker as defined in

section 1, and

(

b) a person who is deemed to be a worker under

Part 1 or the regulations under

that Part, or to whom that Part applies as if the person were a worker,

but does not include a person exempted from the application of this Part by order

of the board;

"worker health and safety representative" means a worker health and safety

representative under

section 139;

"worker representative" means

(

a) in relation to a workplace for which there is a joint committee, a worker

representative on the committee, and

(

b) in relation to a workplace for which there is a worker health and safety

representative, that representative;

"workplace" means any place where a worker is or is likely to be engaged in any

work and includes any vessel, vehicle or mobile equipment used by a worker in

work.

Purposes of

Part

(1) The purpose of this

Part is to benefit all citizens of British Columbia by

promoting occupational health and safety and protecting workers and other

persons present at workplaces from work related risks to their health and safety.

(2) Without limiting subsection (1), the specific purposes of this Part are

(

a) to promote a culture of commitment on the part of employers and workers

to a high standard of occupational health and safety,

(

b) to prevent work related accidents, injuries and illnesses,

(

c) to encourage the education of employers, workers and others regarding

occupational health and safety,

(

d) to ensure an occupational environment that provides for the health and

safety of workers and others,

(

e) to ensure that employers, workers and others who are in a position to affect

the occupational health and safety of workers share that responsibility to the

extent of each party's authority and ability to do so,

(

f) to foster cooperative and consultative relationships between employers,

workers and others regarding occupational health and safety, and to

promote worker participation in occupational health and safety programs

and occupational health and safety processes, and

(

g) to minimize the social and economic costs of work related accidents,

injuries and illnesses, in order to enhance the quality of life for British

Columbians and the competitiveness of British Columbia in the Canadian

and world economies.

Application of

Part

(1) Subject to subsection (2), this Part applies to

(

a) the Provincial government and every agency of the Provincial government,

(

b) every employer and worker whose occupational health and safety are

ordinarily within the jurisdiction of the Provincial government, and

(

c) the federal government, every agency of the federal government and every

other person whose occupational health and safety are ordinarily within the

jurisdiction of the Parliament of Canada, to the extent that the federal

government submits to the application of this Part.

(2) This Part and the regulations do not apply in respect of

(

a) mines to which the Mines Act applies,

(

b) railways to which the Railway Act applies, or

(

c) subject to subsection (3), the operation of industrial camps to the extent

their operation is subject to regulations under the Health Act .

(3) The Lieutenant Governor in Council may, by regulation, provide that all aspects

of this Part and the regulations apply to camps referred to in subsection (2) (c), in

which case this Part and the regulations prevail over the regulations under the

Health Act to the extent of any conflict.

Review of Part and regulations

(1) The minister may appoint a committee to conduct a review of all or part of this

Part and the regulations and to report to the minister concerning its recommendations.

(2) A review under this

section must include a process of consultations with representatives

of employers, workers and other persons affected by this Part and the

regulations.

(3) For certainty, the costs of a review under this

section are part of the costs of

administering this Act.

Relationship with

Part 1

(1) The failure to comply with any provision of this Part or the regulations does not

affect the right of a worker to compensation, if otherwise entitled, under

Part 1 of

this Act.

(2) The liabilities and obligations of a person under

Part 1 of this Act are not

decreased or removed by reason only of the person's compliance with the

provisions of this Part or the regulations.

Division 2 – Board Mandate

Board's mandate under this

Part

(1) In accordance with the purposes of this Part, the board has the mandate to be

concerned with occupational health and safety generally, and with the

maintenance of reasonable standards for the protection of the health and safety of

workers in British Columbia and the occupational environment in which they

work.

(2) In carrying out its mandate, the board has the following functions, duties and

powers:

(

a) to exercise its authority to make regulations to establish standards and

requirements for the protection of the health and safety of workers and the

occupational environment in which they work;

(

b) to undertake inspections, investigations and inquiries on matters of occupational

health and safety and occupational environment;

(

c) to provide services to assist joint committees, worker health and safety

representatives, employers and workers in maintaining reasonable

standards for occupational health and safety and occupational environment;

(

d) to ensure that persons concerned with the purposes of this Part are provided

with information and advice relating to its administration and to occupational

health and safety and occupational environment generally;

(

e) to encourage, develop and conduct or participate in conducting programs

for promoting occupational health and safety and for improving the qualifications

of persons concerned with occupational health and safety and

occupational environment;

(

f) to promote public awareness of matters related to occupational health and

safety and occupational environment;

(

g) to prepare and maintain statistics relating to occupational health and safety

and occupational environment, either by itself or in conjunction with any

other agency;

(

h) to undertake or support research and the publication of research on matters

relating to its responsibilities under this Act;

(

i) to establish programs of grants and awards in relation to its responsibilities

under this Act;

(

j) to provide assistance to persons concerned with occupational health and

safety and occupational environment;

(

k) to cooperate and enter into arrangements and agreements with governments

and other agencies and persons on matters relating to its responsibilities

under this Part;

(

l) to make recommendations to the minister respecting amendments to this

Act, the regulations under this Part or

Part 1 of this Act, or other legislation

that affects occupational health and safety or occupational environment;

(

m) to inquire into and report to the minister on any matter referred to it by the

minister, within the time specified by the minister;

(

n) to fulfill its mandate under this

Part in a financially responsible manner;

(

o) to do other things in relation to occupational health and safety or occupational

environment that the minister or Lieutenant Governor in Council may

direct.

Annual report

112 The annual report of the board under

section 69 must include

(

a) a review of its activities under this Part for the year, including financial,

statistical and performance information, and

(

b) an assessment of the occupational health and safety record of workplaces in

British Columbia.

Board jurisdiction under this

Part

(1) The board has exclusive jurisdiction to inquire into, hear and determine all those

matters and questions of fact and law arising or required to be determined under

this Part, and the action or decision of the board is final and conclusive and is not

open to question or review in any court.

(2) Despite subsection (1), the board has full discretionary power at any time to

reopen, rehear and redetermine any matter, except a decision of the appeal

tribunal, that is within the jurisdiction of the board under this Part.

(3) Proceedings by or before the board under this Part must not be restrained by

injunction, prohibition or other process or proceeding in any court or be removed

by certiorari or otherwise into any court.

(4) An action must not be maintained or brought against the board or any governor,

officer, appeal commissioner or employee of the board for any act, omission or

decision done or made in the genuine belief that it was within the jurisdiction of

the board or person under this Part.

(5) The board may charge a class or subclass with the cost of investigations,

inspections and other services provided to the class or subclass for the prevention

of injuries and illnesses.

Cooperation agreements

(1) Without limiting

section 8.1, the board may enter into agreements or make

arrangements respecting cooperation, coordination and assistance related to

occupational health and safety and occupational environment matters with the

province or territory, or an agency of any of those governments, or with another

appropriate authority.

(2) In relation to an agreement or arrangement under subsection (1), the board may

(

a) authorize board officers to act on behalf of the other party to the agreement

or arrangement, and

(

b) authorize persons appointed by the other party to the agreement or

arrangement to act as an officer under this Act, subject to any conditions or

restrictions established by the board.

Division 3 – General Duties of Employers, Workers and Others

General duties of employers

(1) Every employer must

(

a) ensure the health and safety of

(

i) all workers working for that employer, and

(ii) any other workers present at a workplace at which that employer's

work is being carried out, and

(

b) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), an employer must

(

a) remedy any workplace conditions that are hazardous to the health or safety

of the employer's workers,

(

b) ensure that the employer's workers

(

i) are made aware of all known or reasonably foreseeable health or

safety hazards to which they are likely to be exposed by their work,

(ii) comply with this Part, the regulations and any applicable orders, and

(iii) are made aware of their rights and duties under this Part and the

regulations,

(

c) establish occupational health and safety policies and programs in

accordance with the regulations,

(

d) provide and maintain in good condition protective equipment, devices and

clothing as required by regulation and ensure that these are used by the

employer's workers,

(

e) provide to the employer's workers the information, instruction, training and

supervision necessary to ensure the health and safety of those workers in

carrying out their work and to ensure the health and safety of other workers

at the workplace,

(

f) make a copy of this Act and the regulations readily available for review by

the employer's workers and, at each workplace where workers of the

employer are regularly employed, post and keep posted a notice advising

where the copy is available for review,

(

g) consult and cooperate with the joint committees and worker health and

safety representatives for workplaces of the employer, and

(

h) cooperate with the board, officers of the board and any other person

carrying out a duty under this Part or the regulations.

General duties of workers

(1) Every worker must

(

a) take reasonable care to protect the worker's health and safety and the health

and safety of other persons who may be affected by the worker's acts or

omissions at work, and

(

b) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), a worker must

(

a) carry out his or her work in accordance with established safe work

procedures as required by this Part and the regulations,

(

b) use or wear protective equipment, devices and clothing as required by the

regulations,

(

c) not engage in horseplay or similar conduct that may endanger the worker or

any other person,

(

d) ensure that the worker's ability to work without risk to his or her health or

safety, or to the health or safety of any other person, is not impaired by

alcohol, drugs or other causes,

(

e) report to the supervisor or employer

(

i) any contravention of this Part, the regulations or an applicable order

of which the worker is aware, and

(ii) the absence of or defect in any protective equipment, device or

clothing, or the existence of any other hazard, that the worker

considers is likely to endanger the worker or any other person,

(

f) cooperate with the joint committee or worker health and safety representative

for the workplace, and

(

g) cooperate with the board, officers of the board and any other person

carrying out a duty under this Part or the regulations.

General duties of supervisors

(1) Every supervisor must

(

a) ensure the health and safety of all workers under the direct supervision of

the supervisor,

(

b) be knowledgeable about this Part and those regulations applicable to the

work being supervised, and

(

c) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), a supervisor must

(

a) ensure that the workers under his or her direct supervision

(

i) are made aware of all known or reasonably foreseeable health or

safety hazards in the area where they work, and

(ii) comply with this Part, the regulations and any applicable orders,

(

b) consult and cooperate with the joint committee or worker health and safety

representative for the workplace, and

(

c) cooperate with the board, officers of the board and any other person

carrying out a duty under this Part or the regulations.

Coordination at multiple-employer workplaces

(1) In this section:

"multiple-employer workplace" means a workplace

where workers of 2 or more employers are working at the same time;

"prime contractor" means, in relation to a multiple-employer

workplace,

(

a) the directing contractor, employer or other person who enters into a written

agreement with the owner of that workplace to be the prime contractor for

the purposes of this Part, or

(

b) if there is no agreement referred to in paragraph (a), the owner of the

workplace.

(2) The prime contractor of a multiple-employer workplace must

(

a) ensure that the activities of employers, workers and other persons at the

workplace relating to occupational health and safety are coordinated, and

(

b) do everything that is reasonably practicable to establish and maintain a

system or process that will ensure compliance with this Part and the

regulations in respect of the workplace.

(3) Each employer of workers at a multiple-employer workplace must give to the

prime contractor the name of the person the employer has designated to supervise

the employer's workers at that workplace.

General duties of owner

119 Every owner of a workplace must

(

a) provide and maintain the owner's land and premises that are being used as

a workplace in a manner that ensures the health and safety of persons at or

near the workplace,

(

b) give to the employer or prime contractor at the workplace the information

known to the owner that is necessary to identify and eliminate or control

hazards to the health or safety of persons at the workplace, and

(

c) comply with this Part, the regulations and any applicable orders.

General duties of suppliers

120 Every supplier must

(

a) ensure that any tool, equipment, machine or device, or any biological,

chemical or physical agent, supplied by the supplier is safe when used in

accordance with the directions provided by the supplier and complies with

this Part and the regulations,

(

b) provide directions respecting the safe use of any tool, equipment, machine

or device, or any biological, chemical or physical agent, that is obtained

from the supplier to be used at a workplace by workers,

(

c) ensure that any biological, chemical or physical agent supplied by the

supplier is labelled in accordance with the applicable federal and provincial

enactments,

(

d) if the supplier has responsibility under a leasing agreement to maintain any

tool, equipment, machine, device or other thing, maintain it in safe

condition and in compliance with this Part, the regulations and any

applicable orders, and

(

e) comply with this Part, the regulations and any applicable orders.

Duties of directors and officers of a corporation

121 Every director and every officer of a corporation must ensure that the corporation

complies with this Part, the regulations and any applicable orders.

General obligations are not limited by specific obligations

122 A specific obligation imposed by this Part or the regulations does not limit the

generality of any other obligation imposed by this Part or the regulations.

Persons may be subject to obligations in relation to more than one role

(1) In this section, "function" means the function of employer, supplier, supervisor,

owner, prime contractor or worker.

(2) If a person has 2 or more functions under this

Part in respect of one workplace,

the person must meet the obligations of each function.

Responsibility when obligations apply to more than one person

124 If

(

a) one or more provisions of this Part or the regulations impose the same

obligation on more than one person, and

(

b) one of the persons subject to the obligation complies with the applicable

provision,

the other persons subject to the obligation are relieved of that obligation only

during the time when

(

c) simultaneous compliance by more than one person would result in

unnecessary duplication of effort and expense, and

(

d) the health and safety of persons at the workplace is not put at risk by

compliance by only one person.

Division 4 – Joint Committees and Worker Representatives

When a joint committee is required

125 An employer must establish and maintain a joint health and safety committee

(

a) in each workplace where 20 or more workers of the employer are regularly

employed, and

(

b) in any other workplace for which a joint committee is required by order.

Variations in committee requirements

(1) Despite

section 125, the board may, by order, require or permit an employer to

establish and maintain

(

a) more than one joint committee for a single workplace of the employer,

(

b) one joint committee for more than one workplace or parts of more than one

workplace of the employer, or

(

c) one joint committee for the workplace or parts of the workplaces of a

number of employers, if the workplaces are the same, overlapping or

adjoining.

(2) An order under subsection (1) may

(

a) specify the workplace, workplaces or parts for which a joint committee is

required or permitted, and

(

b) provide for variations regarding the practice and procedure of a joint

committee from the provisions otherwise applicable under this Part or the

regulations.

Membership of joint committee

127 A joint committee for a workplace must be established in accordance with the

following:

(

a) it must have at least 4 members or, if a greater number of members is

required by regulation, that greater number;

(

b) it must consist of worker representatives and employer representatives;

(

c) at least half the members must be worker representatives;

(

d) it must have 2 co-chairs, one selected by the worker representatives and the

other selected by the employer representatives.

Selection of worker representatives

(1) The worker representatives on a joint committee must be selected from workers

at the workplace who do not exercise managerial functions at that workplace, as

follows:

(

a) if the workers are represented by one or more unions, the worker representatives

are to be selected according to the procedures established or agreed

on by the union or unions;

(

b) if none of the workers are represented by a union, the worker representatives

are to be elected by secret ballot;

(

c) if some of the workers are represented by one or more unions and some are

not represented by a union, the worker representatives are to be selected in

accordance with paragraphs (

a) and (

b) in equitable proportion to their

relative numbers and relative risks to health and safety;

(

d) if the workers do not make their own selection after being given the

opportunity under paragraphs (

a) to (c), the employer must seek out and

assign persons to act as worker representatives.

(2) The employer or a worker may request the board to provide direction as to how

an election under subsection (1) (

b) is to be conducted.

(3) The employer, or a union or a worker at a workplace referred to in subsection

(1) (c), may request the board to provide direction as to how the requirements of

that provision are to be applied in the workplace.

Selection of employer representatives

(1) The employer representatives on a joint committee must be selected by the

employer from among persons who exercise managerial functions for the

employer and, to the extent possible, who do so at the workplace for which the

joint committee is established.

(2) For certainty, an individual employer may act as an employer representative.

Duties and functions of joint committee

130 A joint committee has the following duties and functions in relation to its workplace:

(

a) to identify situations that may be unhealthy or unsafe for workers and advise

on effective systems for responding to those situations;

(

b) to consider and expeditiously deal with complaints relating to the health and

safety of workers;

(

c) to consult with workers and the employer on issues related to occupational

health and safety and occupational environment;

(

d) to make recommendations to the employer and the workers for the

improvement of the occupational health and safety and occupational

environment of workers;

(

e) to make recommendations to the employer on educational programs

promoting the health and safety of workers and compliance with this Part

and the regulations and to monitor their effectiveness;

(

f) to advise the employer on programs and policies required under the

regulations for the workplace and to monitor their effectiveness;

(

g) to advise the employer on proposed changes to the workplace or the work

processes that may affect the health or safety of workers;

(

h) to ensure that accident investigations and regular inspections are carried out

as required by this Part and the regulations;

(

i) to participate in inspections, investigations and inquiries as provided in this

Part and the regulations;

(

j) to carry out any other duties and functions prescribed by regulation.

Joint committee procedure

(1) Subject to this Part and the regulations, a joint committee must establish its own

rules of procedure, including rules respecting how it is to perform its duties and

functions.

(2) A joint committee must meet regularly at least once each month, unless another

schedule is permitted or required by regulation or order.

Assistance in resolving disagreements within committee

132 If a joint committee is unable to reach agreement on a matter relating to the health or

safety of workers at the workplace, a co-chair of the committee may report this to the

board, which may investigate the matter and attempt to resolve the matter.

Employer must respond to committee recommendations

(1) This

section applies if a joint committee sends a written recommendation to an

employer with a written request for a response from the employer.

(2) Subject to subsections (4) and (5), the employer must respond in writing to the

committee within 21 days of receiving the request, either

(

a) indicating acceptance of the recommendation, or

(

b) giving the employer's reasons for not accepting the recommendation.

(3) If the employer does not accept the committee's recommendations, a co-chair of

the committee may report the matter to the board, which may investigate and

attempt to resolve the matter.

(4) If it is not reasonably possible to provide a response before the end of the 21 day

period, the employer must provide within that time a written explanation for the

delay, together with an indication of when the response will be provided.

(5) If the joint committee is not satisfied that the explanation provided under

subsection (4) is reasonable in the circumstances, a co-chair of the committee

may report this to the board, which may investigate the matter and may, by order,

establish a deadline by which the employer must respond.

(6) Nothing in this

section relieves an employer of the obligation to comply with this

Part and the regulations.

Time from work for meetings and other committee functions

(1) A member of a joint committee is entitled to time off from work for

(

a) the time required to attend meetings of the committee, and

(

b) other time that is reasonably necessary to prepare for meetings of the

committee and to fulfill the other functions and duties of the committee.

(2) Time off under subsection (1) is deemed to be time worked for the employer, and

the employer must pay the member for that time.

Educational leave

(1) Each member of a joint committee is entitled to an annual educational leave

totalling 8 hours, or a longer period if prescribed by regulation, for the purposes

of attending occupational health and safety training courses conducted by or with

the approval of the board.

(2) A member of the joint committee may designate another person as being entitled

to take all or part of the member's educational leave.

(3) The employer must provide the educational leave under this

section without loss

of pay or other benefits and must pay for, or reimburse the worker for, the costs

of the training course and the reasonable costs of attending the course.

Other employer obligations to support committee

(1) The employer must provide the joint committee with the equipment, premises

and clerical personnel necessary for the carrying out of its duties and functions.

(2) On request of the joint committee, the employer must provide the committee with

information respecting

(

a) the identification of known or reasonably foreseeable health or safety

hazards to which workers at the workplace are likely to be exposed,

(

b) health and safety experience and work practices and standards in similar or

other industries of which the employer has knowledge,

(

c) orders, penalties and prosecutions under this Part or the regulations relating

to health and safety at the workplace, and

(

d) any other matter prescribed by regulation.

Committee reports

(1) After each joint committee meeting, the committee must prepare a report of the

meeting and provide a copy to the employer.

(2) The employer must

(

a) if so requested by a union representing workers at the workplace, send a

copy of the reports under subsection (1) to the union,

(

b) retain a copy of the reports for at least 2 years from the date of the joint

committee meeting to which they relate, and

(

c) ensure that the retained reports are readily accessible to the joint committee

members, workers of the employer, officers and other persons authorized by

the board or the minister.

Employer must post committee information

138 At each workplace where workers of an employer are regularly employed, the

employer must post and keep posted

(

a) the names and work locations of the joint committee members,

(

b) the reports of the 3 most recent joint committee meetings, and

(

c) copies of any applicable orders under this Division for the preceding

12 months.

Worker health and safety representative

(1) A worker health and safety representative is required

(

a) in each workplace where there are more than 9 but fewer than 20 workers

of the employer regularly employed, and

(

b) in any other workplace for which a worker health and safety representative

is required by order of the board.

(2) The worker health and safety representative must be selected in accordance with

section 128 from among the workers at the workplace who do not exercise

managerial functions at that workplace.

(3) To the extent practicable, a worker health and safety representative has the same

duties and functions as a joint committee.

(4) Sections 133 to 136 apply in relation to a worker health and safety representative

as if the representative were a joint committee or member of a joint committee.

Participation of worker representative in inspections

140 If

(

a) this Part or the regulations give a worker representative the right to be

present for an inspection, investigation or inquiry at a workplace, and

(

b) no worker representative is reasonably available,

the right may be exercised by another worker who has previously been designated as

an alternate by the worker representative.

Division 5 – Right to Refuse Unsafe Work

Worker may refuse unsafe work

(1) Subject to this section, a worker may refuse to carry out work if the worker has

reasonable grounds for believing that the work is unsafe.

(2) For the purposes of this Division, work is unsafe if

(

a) the work activities,

(

b) the conditions of the work, or

(

c) the conditions that would result if the work were done

are such that there is or would be a significant risk that the worker or another

person might be killed, seriously injured or suffer serious illness.

(3) The right to refuse under subsection (1) does not apply if

(

a) the refusal would directly endanger the health or safety of another person, or

(

b) the risk referred to in subsection (2) is inherent in the worker's work.

(4) The right to refuse under subsection (1) continues until

(

a) the employer has taken remedial action to the satisfaction of the worker, or

(

b) an officer has investigated the matter and has advised the worker to return

to work.

Worker must immediately report a refusal

(1) A worker who exercises his or her right to refuse unsafe work must immediately

report the refusal and the reasons for it to his or her supervisor or to the employer.

(2) Until any investigation under this

Part is completed, the worker must remain

available at the workplace during his or her normal working hours.

Supervisor or employer must respond to report

143 A supervisor or employer who receives a report from a worker under

section 142 must

immediately investigate the matter, and must either

(

a) ensure that any unsafe condition is remedied without delay, or

(

b) if in his or her opinion the work is not unsafe or the circumstances referred

to in

section 141 (3) apply, so inform the worker.

If worker continues to refuse

(1) If the matter is not resolved under

section 143 and the worker continues to refuse

under

section 141, the supervisor or employer must investigate the matter in the

presence of the refusing worker and a worker representative.

(2) As an exception, if there is no worker representative or the worker representative

is not reasonably available, a reasonably available worker selected by the refusing

worker as a representative is entitled to accompany the supervisor or employer on

an investigation under subsection (1).

(3) A worker is to be considered not reasonably available for the purposes of

subsection (2) if the supervisor or employer objects to that the person's participation

in the investigation on the basis that it would unduly impede production,

but the supervisor or employer may only object to one person on this ground.

(4) If the worker continues to refuse after the investigation under this section, the

employer and the worker must report the matter to the board.

Investigation and determination by officer

(1) If a report is made to the board under

section 144, an officer must promptly

investigate the situation and determine whether the work is unsafe and whether

the refusing worker had reasonable grounds for believing the work to be unsafe.

(2) In addition to the persons entitled under

section 182, the refusing worker is

entitled to accompany the officer on any physical inspection of the workplace

conducted for the purposes of the investigation under this section.

(3) The officer must

(

a) advise the worker, the employer and the joint committee or worker health

and safety representative of the officer's determinations under

subsection (1), and

(

b) if the officer determines that the work is not unsafe, advise the worker to

return to work.

(4) If an investigation under this

section determines that work is unsafe, the officer

conducting the investigation must order the employer to take appropriate

remedial action.

(5) For certainty, if an investigation under this

section determines that the worker did

not have reasonable grounds for believing that the work was unsafe, disciplinary

action by the employer in relation to the matter may not be the subject of a

complaint under Division 6 of this Part.

Employer may reassign worker to other work

(1) Subject to this section, if a worker exercises the right to refuse unsafe work,

(

a) the employer may temporarily reassign the worker to reasonable alternative

work, and

(

b) the worker must accept the reassignment until he or she returns to work in

accordance with

section 141 (4).

(2) A reassignment under subsection (1) does not affect the refusing worker's right

to be present under

section 144 (1) or 145 (2).

(3) A reassignment under subsection (1) may not be the subject of a complaint under

Division 6 of this Part.

Effect of refusal on workers exercising right and assisting in investigation

(1) If a worker is reassigned to other work under

section 146, the employer must pay

the worker the same wages as would have been paid had the worker continued in

the worker's normal work.

(2) If a worker who is exercising the right to refuse unsafe work has not been

reassigned under

section 146, the employer must, until the circumstances of

section 141 (4) (

a) or (

b) are met, pay the worker the same wages as would have

been payable had the worker continued to work.

(3) The time spent by a worker accompanying the employer or supervisor under

section 144 (1) or an officer under

section 145 (2) is deemed to be time worked

for the employer, and the employer must pay the worker for that time.

Effect of refusal on work of other workers

(1) If workers are unable to proceed with their assigned work because of another

worker's refusal under

section 141, unless otherwise provided in a collective

agreement, the workers are deemed, for the purpose of calculating wages, to be

at work until work resumes or until the end of their scheduled work period,

whichever period is shorter.

(2) Unless otherwise provided in a collective agreement, workers due to work on a

scheduled work period after a work period to which subsection (1) applies are

entitled to be paid in accordance with the Employment Standards Act .

(3) An employer may assign reasonable alternative work to workers to whom

subsection (1) or (2) applies.

Requirements before another worker is assigned to do refused work

149 If a worker exercises the right to refuse unsafe work, no other worker may be assigned

to do that work until the matter has been dealt with under sections 141 to 145, unless

the other worker has been advised by the supervisor or employer of

(

a) the refusal by the worker exercising the right,

(

b) the reason for the refusal, and

(

c) his or her rights under

section 141.

Division 6 – Prohibition Against Discriminatory Action

Actions that are considered discriminatory

(1) For the purposes of this Division, "discriminatory action" includes any act or

omission by an employer or union, or a person acting on behalf of an employer

or union, that adversely affects a worker with respect to any term or condition of

employment, or of membership in a union.

(2) Without restricting subsection (1), discriminatory action includes

(

a) suspension, lay-off or dismissal,

(

b) demotion or loss of opportunity for promotion,

(

c) transfer of duties, change of location of workplace, reduction in wages or

change in working hours,

(

d) coercion or intimidation,

(

e) imposition of any discipline, reprimand or other penalty, and

(

f) the discontinuation or elimination of the job of the worker.

Discrimination against workers prohibited

151 An employer or union, or a person acting on behalf of an employer or union, must not

take or threaten discriminatory action against a worker

(

a) for exercising any right or carrying out any duty in accordance with this

Part, the regulations or an applicable order,

(

b) for the reason that the worker has testified or is about to testify in any matter,

inquiry or proceeding under this Act or the Coroners Act on an issue related

to occupational health and safety or occupational environment, or

(

c) for the reason that the worker has given any information regarding

conditions affecting the occupational health or safety or occupational

environment of that worker or any other worker to

(

i) an employer or person acting on behalf of an employer,

(ii) another worker or a union representing a worker, or

(iii) an officer or any other person concerned with the administration of

this Part.

Complaint by worker against discriminatory action or failure to pay wages

(1) A worker who considers that

(

a) an employer or union, or a person acting on behalf of an employer or union,

has taken, or threatened to take, discriminatory action against the worker

contrary to

section 151, or

(

b) an employer has failed to pay wages to the worker as required by this Part

or the regulations

may have the matter dealt with through the grievance procedure under a collective

agreement, if any, or by complaint in accordance with this Division.

(2) A complaint under subsection (1) must be made in writing to the board,

(

a) in the case of a complaint referred to in subsection (1) (a), within 1 year of

the action considered to be discriminatory, and

(

b) in the case of a complaint referred to in subsection (1) (b), within 60 days

after the wages became payable.

(3) In dealing with a matter referred to in subsection (1), whether under a collective

agreement or by complaint to the board, the burden of proving that there has been

no such contravention is on the employer or the union, as applicable.

Response to complaint

(1) If the board receives a complaint under

section 152 (2), it must immediately

inquire into the matter and, if the complaint is not settled or withdrawn, must

(

a) determine whether the alleged contravention occurred, and

(

b) deliver a written statement of the board's determination to the worker and

to the employer or union, as applicable.

(2) If the board determines that the contravention occurred, the board may make an

order requiring one or more of the following:

(

a) that the employer or union cease the discriminatory action;

(

b) that the employer reinstate the worker to his or her former employment

employed;

(

c) that the employer pay, by a specified date, the wages required to be paid by

this Part or the regulations;

(

d) that the union reinstate the membership of the worker in the union;

(

e) that any reprimand or other references to the matter in the employer's or

union's records on the worker be removed;

(

f) that the employer or the union pay the reasonable out of pocket expenses

incurred by the worker by reason of the discriminatory action;

(

g) that the employer or the union do any other thing that the board considers

necessary to secure compliance with this Part and the regulations.

Division 7 – Information and Confidentiality

Posting of information

(1) Where this Part, the regulations or an order requires an employer or other person

to post information at a workplace, the person must

(

a) post the information at or near the workplace in one or more conspicuous

places where it is most likely to come to the attention of the workers, or

(

b) otherwise bring it to the notice of and make it available to the workers at the

workplace in accordance with the regulations.

(2) If reasonably practicable, at least one place of posting under subsection (1) (

a) must be at or near the equipment, works or area to which the information relates.

(3) As an exception, if posting or notice referred to in subsection (1) is not practicable,

the employer or other person must instead adopt other measures to ensure

that the information is effectively brought to the attention of the workers.

Occupational health and safety information

summary

(1) An occupational health and safety information

summary for a workplace or

workplaces of an employer may be requested by

(

a) the employer,

(

b) a joint committee or worker representative of the employer,

(

c) a union representing workers of the employer, or

(

d) if there is no joint committee or worker representative for a workplace, any

worker of the employer working at the workplace.

(2) On receiving a request under subsection (1), the board must prepare a

summary

in relation to the workplace or workplaces for which the request is made of

(

a) the prescribed information relating to the previous calendar year, and

(

b) any other data the board considers necessary or advisable to provide.

(3) A

summary requested under this

section must be sent to the person who made the

request and, if the request was made by a person other than the employer, to the

employer.

(4) As soon as reasonably practicable after an employer receives a

summary under

this section, the employer must

(

a) post a copy at the workplaces to which it relates,

(

b) provide a copy to the joint committees or worker representatives, as

applicable, and

(

c) if workers at a workplace to which it relates are represented by a union, send

a copy to the union.

Information that must be kept confidential

(1) A person must not disclose or publish the following information, except for the

purpose of administering this Act and the regulations or as otherwise required by

law:

(

a) information obtained in a medical examination, test or X-ray of a worker

made or taken under this Part or the regulations, unless the worker consents

or the information is disclosed in a form calculated to prevent the

information from being identified with a particular person or case;

(

b) information with respect to a claim under

Part 1 of this Act obtained by the

person by reason of the performance of any duty or the exercise of any

power under this Part or the regulations;

(

c) information with respect to a trade secret, or with respect to a work process

whether or not it is a trade secret, obtained by the person by reason of the

performance of any duty or the exercise of any power under this Part or the

regulations;

(

d) information obtained under this Part or the regulations that is exempted or

subject to a claim for exemption as confidential business information in

respect of a hazardous substance, as referred to in

section 158 (2) (m);

(

e) in the case of information received by the person in confidence by reason of

the performance of any duty or the exercise of any power under this Part or

the regulations, the name of the informant.

(2) Except in the performance of his or her duties,

(

a) an officer,

(

b) a person who accompanies an officer under

section 182, or

(

c) a person who conducts a test or other examination under this Part at the

request of an officer

must not publish or disclose information obtained or made by the officer or other

person in connection with his or her duties or powers under this Part.

(3) Despite subsection (2), the board may disclose or publish information referred to

in that subsection, or authorize it to be disclosed or published.

(4) Except for the purposes of an inquest under the Coroners Act , an officer or other

person referred to in subsection (2) is not a compellable witness in a civil suit or

other proceeding respecting any information provided to the person in

confidence.

(5) For the purposes of

section 21 (1) (

b) of the Freedom of Information and

Protection of Privacy Act , information referred to in subsection (1) (

c) or (

d) or

(2) of this

section that is in the custody or under the control of the board, whether

or not supplied to the board, is deemed to be supplied to the board in confidence

if it is

(

a) information with respect to a trade secret, or with respect to a work process

whether or not it is a trade secret,

(

b) exempted or subject to a claim for exemption as confidential business

information in respect of a hazardous substance, as referred to in

section 158 (2) (m), or

(

c) commercial, financial, labour relations, scientific or technical information

of an employer or supplier.

(6) This

section does not apply to prevent a person from providing information,

including confidential business information, in a medical emergency for the

purpose of diagnosis, medical treatment or first aid.

Information that must be provided in a medical emergency

(1) If a medical practitioner, a nurse or a person who is a prescribed health

professional determines that

(

a) a medical emergency exists, and

(

b) information regarding a hazardous substance is needed for the purpose of

diagnosis or providing medical treatment or first aid,

an employer, supplier or chemical manufacturer must immediately disclose to the

requesting health professional all applicable information, including confidential

business information, that is in the possession of the employer, supplier or

manufacturer.

(2) A person to whom information is provided under subsection (1) must keep confidential

any information specified by the person providing the information as

being confidential, except for the purpose for which it is provided.

Division 8 – Miscellaneous Authority

Regulations in relation to hazardous and other substances

(1) The board may, for the purpose of protecting the health or safety of workers,

make regulations in relation to hazardous substances and other substances that

are potentially harmful to workers.

(2) Without limiting subsection (1), the board may make regulations as follows:

(

a) prohibiting or regulating the transportation, storage, handling, use or

disposal of any biological, chemical or physical agent;

(

b) prohibiting persons other than those meeting prescribed qualifications from

transporting, storing, handling, using or disposing of any biological,

chemical or physical agent;

(

c) prohibiting or regulating the manufacture, import, supply or sale or other

disposition of any biological, chemical or physical agent;

(

d) establishing requirements with respect to the testing, labelling or

examination of any substance or material;

(

e) establishing requirements with respect to the labelling of biological,

chemical or physical agents supplied by a supplier;

(

f) establishing requirements for records that must be kept in relation to

hazardous substances and other substances that are potentially harmful to

workers;

(

g) designating a biological, chemical or physical agent as a hazardous

substance;

(

h) classifying hazardous substances;

(

i) establishing requirements with respect to the labelling or identification of a

hazardous substance;

(

j) establishing requirements with respect to material safety data sheets to be

provided for a hazardous substance;

(

k) establishing requirements with respect to worker training and instruction in

relation to hazardous substances;

(

l) establishing requirements with respect to the disclosure of information in

respect of a hazardous substance, including disclosure of confidential

business information;

(

m) providing for exemptions from disclosure of confidential business

information in respect of a hazardous substance;

(

n) establishing or designating an agency, board or commission to determine

whether information in respect of a hazardous substance is confidential

business information;

(

o) respecting the procedures, powers and functions of an agency, board or

commission referred to in paragraph (n);

(

p) respecting the reporting by physicians and others of cases in which workers

are affected by hazardous substances.

Certification and training of first aid attendants and instructors

159 The board may

(

a) supervise the training of and train occupational first aid attendants and

instructors,

(

b) appoint examiners and conduct examinations for the purposes of this

section,

(

c) issue, renew and amend certificates to occupational first aid attendants and

instructors,

(

d) enter into arrangements by which other persons provide training, give

examinations and issue certificates for the purposes of this section, and

(

e) establish fees for the purposes of this section.

Installation and maintenance of required first aid equipment

160 If an employer fails, neglects or refuses to install or maintain first aid equipment or

service required by regulation or order, the board may do one or more of the following:

(

a) have the first aid equipment and service installed, in which case the cost of

this is a debt owed by the employer to the board;

(

b) impose a special rate of assessment under

Part 1 of this Act;

(

c) order the employer to immediately close down all or part of the workplace

or work being done there until the employer complies with the applicable

regulation or order.

Medical monitoring programs

(1) If the board considers this is advisable given the nature or conditions of a work

activity, the board may, by regulation, require employers of workers who carry

out that activity or who are exposed to those conditions to establish a medical

monitoring program in accordance with this

section and the regulations.

(2) The following apply to a medical monitoring program under this section:

(

a) the program is to be provided at the expense of the employer;

(

b) a worker may not be compelled to participate in the program;

(

c) a worker who participates in the program must be advised of the results of

each examination.

(3) A regulation under subsection (1) may prescribe

(

a) the medical examinations, including tests and X-rays, that are required,

(

b) the type of health professional who is authorized to conduct the examinations,

(

c) when examinations are required,

(

d) the information that must be obtained and recorded,

(

e) the information that must be provided to the worker, and

(

f) responsibilities for keeping the records related to the program.

(4) The board may require the health professional who conducted an examination for

the purposes of this section, or the person keeping the records for the purposes of

the program, to provide to the board the information referred to in subsection

(3) (d).

Medical certification requirements

(1) If the board considers this is advisable given the physical requirements of a

specific type of work, the board may, by regulation, require employers to ensure

that workers performing that work are medically certified as to their physical

fitness for the work.

(2) A regulation under subsection (1) may prescribe

(

a) the medical examinations, including tests and X-rays, that are required for

certification,

(

b) the type of health professional who is authorized to make the certification,

(

c) when reevaluations and renewals of certificates are required,

(

d) the information that must be obtained and recorded, and

(

e) who is to pay for the cost of the certification.

(3) The board may require the health professional who conducted an examination for

the purposes of this

section to provide to the board the information referred to in

subsection (2) (d).

Certification and training of blasters

163 The board may

(

a) supervise the training of and train blasters and instructors,

(

b) appoint examiners and conduct examinations for the purposes of this

section,

(

c) issue, renew and amend certificates to blasters and instructors,

(

d) enter into arrangements by which other persons provide training, give

examinations and issue certificates for the purposes of this section, and

(

e) establish fees for the purposes of this section.

Division 9 – Variance Orders

Board may authorize variances

(1) On application, the board may, by order, authorize a variance from a provision of

the regulations.

(2) A variance order may be made only if the board is satisfied that the variance

(

a) affords protection for workers equal to or greater than the protection

established by the provision being varied, or

(

b) has substantially the same purpose and effect as the provision being varied.

(3) A variance order may be made applicable to

(

a) a specified workplace, or

(

b) a specified work process at all or specified workplaces of a specified

employer.

(4) As a limit on the authority under subsection (1), a provision in a regulation of the

Lieutenant Governor in Council under this Part may only be varied if this is

permitted by regulation of the Lieutenant Governor in Council.

Effective period for variance order

(1) Unless another time is established in the order, a variance order ceases to have

effect 3 years from the date on which it first comes into effect.

(2) The board may only establish an effective period longer than 3 years if the

application for the variance expressly requested the longer period.

Application for variance

(1) Subject to the regulations and subsection (2), an application for a variance must

be made in writing to the board and must include

(

a) a description of the requested variance,

(

b) a statement of why the variance is requested, and

(

c) information with respect to the benefits and drawbacks in relation to the

matters addressed by the regulation that might reasonably be anticipated if

the variation is allowed.

(2) In the case of an application by a single worker for a variance order that would

apply only to that worker, an application may be made as permitted by the board.

(3) The applicant must also provide the board with the technical and any other

information required by the board to deal with the application.

Notice of application

(1) If the variance would apply to an existing workplace, the applicant must

(

a) post a copy of the application at the workplace and keep it posted there until

the decision on the requested variance is received by the applicant,

(

b) provide a copy to the joint committee or worker representative, as

applicable, and

(

c) if workers at the workplace are represented by a union, send a copy to the

union.

(2) If the variance would apply to a workplace that is not yet in existence,

immediately after submitting the application for variance, the applicant must

publish a notice of the application, including

(

a) a description of the requested variance, and

(

b) a statement of why the variance is requested,

where it would reasonably be expected to come to the attention of persons who

may be affected by the decision on the requested variance.

Consultation on application

(1) After receiving an application for variance, the board may give notice of the

application and conduct consultations respecting that application as the board

considers advisable.

(2) Before making a decision on an application, the board must provide an

opportunity for persons who may be affected by the requested variance to submit

to the board information respecting their position on the requested variance.

(3) A union representing workers who may be affected by the requested variance is

considered a person who may be affected for the purposes of subsection (2).

Decision on application

(1) The board must give written reasons for a decision on an application for a

variance order.

(2) The board must give notice of its decision, including the written reasons and any

variance order made, to the applicant and to any persons who submitted

information under

section 168 (2).

(3) The applicant must post a copy of the decision at each workplace to which it

relates as follows:

(

a) if the application for a variance order was refused, the applicant must keep

the decision posted for 7 days or the period required by the order, whichever

is longer;

(

b) if a variance order was made, the applicant must keep the order and written

reasons posted throughout the time the variance is in effect.

Legal effect of variance

(1) A variance order authorizes variance from the applicable provision of the

regulations

applicable provision of the regulations applies and the variance order is without

effect.

Regulations review must consider variance history

171 The board must consider the history of variance applications and variance orders as

part of its process of regulations review referred to in

section 228.

Division 10 – Accident Reporting and Investigation

Immediate notice of certain accidents

(1) An employer must immediately notify the board of the occurrence of any

accident that

(

a) resulted in serious injury to or the death of a worker,

(

b) involved a major structural failure or collapse of a building, bridge, tower,

crane, hoist, temporary construction support system or excavation,

(

c) involved the major release of a hazardous substance, or

(

d) was an incident required by regulation to be reported.

(2) Except as otherwise directed by an officer of the board or a peace officer, a person

must not disturb the scene of an accident that is reportable under subsection

(1) except so far as is necessary to

(

a) attend to persons injured or killed,

(

b) prevent further injuries or death, or

(

c) protect property that is endangered as a result of the accident.

Incidents that must be investigated

(1) An employer must immediately undertake an investigation into the cause of any

accident or other incident that

(

a) is required to be reported by

section 172,

(

b) resulted in injury to a worker requiring medical treatment,

(

c) did not involve injury to a worker, or involved only minor injury not

requiring medical treatment, but had a potential for causing serious injury

to a worker, or

(

d) was an incident required by regulation to be investigated.

(2) Subsection (1) does not apply in the case of a vehicle accident occurring on a

public street or highway.

Investigation process

(1) An investigation required under this Division must be carried out by persons

knowledgeable about the type of work involved and, if they are reasonably

available, with the participation of the employer or a representative of the

employer and a worker representative.

(2) As far as possible, the investigation must

(

a) determine the cause or causes of the incident,

(

b) identify any unsafe conditions, acts or procedures that contributed in any

manner to the incident, and

(

c) if unsafe conditions, acts or procedures are identified, recommend

corrective action to prevent similar incidents.

(3) The employer must make every reasonable effort to have available for interview

by a person conducting the investigation, or by an officer, all witnesses to the

incident and any other persons whose presence might be necessary for a proper

investigation of the incident.

(4) The employer must record the names, addresses and telephone numbers of

persons referred to in subsection (3).

Incident investigation report

(1) As part of an investigation required by this Division, an employer must ensure

that an incident investigation report is prepared in accordance with the regulations.

(2) The employer must provide a copy of the incident investigation report to

(

a) the joint committee or worker representative, as applicable, and

(

b) the board.

Follow-up action and report

(1) Following an investigation under this Division, the employer must without undue

delay undertake any corrective action required to prevent recurrence of similar

incidents.

(2) As soon as is reasonably practicable, the employer must prepare a report of the

action taken under subsection (1) and

(

a) provide the report to the joint committee or worker representative, as

applicable, or

(

b) if there is no joint committee or worker representative, post the report at the

workplace.

Employer or supervisor must not attempt to prevent reporting

177 An employer or supervisor must not, by agreement, threat, promise, inducement,

persuasion or any other means, seek to discourage, impede or dissuade a worker of the

employer, or a dependant of the worker, from reporting to the board

(

a) an injury or allegation of injury, whether or not the injury occurred or is

compensable under

Part 1,

(

b) an illness, whether or not the illness exists or is an occupational disease

compensable under

Part 1,

(

c) a death, whether or not the death is compensable under

Part 1, or

(

d) a hazardous condition or allegation of hazardous condition in any work to

which this Part applies.

Division 11 – Inspections, Investigations and Inquiries

Application of Division

178 This Division, as it applies in relation to inspections, also applies to investigations and

inquiries.

Authority to conduct inspections

(1) An officer of the board may enter a place, including a vehicle, vessel or mobile

equipment, and conduct an inspection for the purpose of

(

a) preventing work related accidents, injuries or illnesses,

(

b) ascertaining the cause and particulars of a work related accident, injury or

illness or of an incident that had the potential to cause a work related

accident, injury or illness,

(

c) investigating a complaint concerning health, safety or occupational

environment matters at a workplace, or

(

d) determining whether there is compliance with this Part, the regulations or

an order.

(2) An inspection may be conducted

(

a) at a reasonable hour of the day or night, or

(

b) at any other time if the officer has reasonable grounds for believing that a

situation exists that is or may be hazardous to workers.

(3) An officer may do one or more of the following for the purposes of an inspection

under this Division:

(

a) bring along any equipment or materials required for the inspection and be

accompanied and assisted by a person who has special, expert or professional

knowledge of a matter relevant to the inspection;

(

b) inspect works, materials, products, tools, equipment, machines, devices or

other things at the place;

(

c) take samples and conduct tests of materials, products, tools, equipment,

machines, devices or other things being produced, used or found at the

place, including tests in which a sample is destroyed;

(

d) require that a workplace or part of a workplace not be disturbed for a

reasonable period of time;

(

e) require that a tool, equipment, machine, device or other thing or process be

operated or set in motion or that a system or procedure be carried out;

(

f) inspect records that may be relevant and, on giving a receipt for a record,

temporarily remove the record to make copies or extracts;

(

g) require a person to produce within a reasonable time records in the person's

possession or control that may be relevant;

(

h) question persons with respect to matters that may be relevant, require

persons to attend to answer questions and require questions to be answered

on oath or affirmation;

(

i) take photographs or recordings of the workplace and activities taking place

in the workplace;

(

j) attend a relevant training program of an employer;

(

k) exercise other powers that may be necessary or incidental to the carrying out

of the officer's functions and duties under this Part or the regulations.

(4) The authority to conduct an inspection under this Division is not limited by any

other provision of this Part or the regulations giving specific authority in relation

to the inspection.

(5) If an officer of the board requests this, a peace officer may assist the officer in

carrying out his or her functions and duties under this Part or the regulations.

Officer must produce credentials on request

(1) The board must provide officers with written credentials of their appointment.

(2) On request, an officer must produce the credentials provided under this

section

when exercising or seeking to exercise any of the powers conferred on the officer

under this Part.

Restrictions on access to private residences

(1) If a workplace, in addition to being a workplace, is occupied as a private

residence, the authority under

section 179 may be used to enter the place only if

(

a) the occupier consents,

(

b) the board has given the occupier at least 24 hours' written notice of the

inspection,

(

c) the entry is made under the authority of a warrant under this Act or the

Offence Act , or

(

d) the board has reasonable grounds for believing that the work activities or the

workplace conditions are such that there is a significant risk that a worker

might be killed or seriously injured or suffer a serious illness.

(2) The authority under

section 179 must not be used to enter a place that is occupied

as a private residence, but is not a workplace, except with the consent of the

occupier or under the authority of a warrant under this Act or the Offence Act .

Representation on inspection

(1) Subject to this section, if an officer makes a physical inspection of a workplace

under

section 179,

(

a) the employer or a representative of the employer, and

(

b) a worker representative or, if there is no worker representative or the worker

representative is not reasonably available, a reasonably available worker

selected by the officer as a representative,

are entitled to accompany the officer on the inspection.

(2) A worker is to be considered not reasonably available for the purposes of

subsection (1) if the employer objects to that the person's participation in the

inspection on the basis that it would unduly impede production, but the employer

may only object to one person on this ground.

(3) Despite subsection (1), an officer may conduct a physical inspection of a

workplace in the absence of a person referred to in that subsection if the circumstances

are such that it is necessary to proceed with the inspection without the

person.

(4) The time spent by a worker accompanying an officer under this

section is deemed

to be time worked for the employer, and the employer must pay the worker for

that time.

(5) Nothing in this

section requires the board or an officer to give advance notice of

an inspection.

(6) If an inspection involves the attendance of an officer at a workplace for a period

longer than one day, the rights under this

section may be abridged by direction of

the officer.

Employer must post inspection reports

183 If an officer makes a written report to an employer relating to an inspection, whether

or not the report includes an order, the employer must promptly

(

a) post the report at the workplace to which it relates, and

(

b) give a copy of the report to the joint committee or worker health and safety

representative, as applicable.

Person being questioned is entitled to have another person present

(1) A person who is questioned by an officer on an inspection is entitled to be

accompanied during the questioning by one other person of his or her choice who

is reasonably available.

(2) As a limit on the person's choice under subsection (1), the officer may exclude a

person who the officer has questioned or intends to question in relation to the

matter.

(3) Subject to subsections (1) and (2), a person may be questioned by the officer

either separate and apart from anyone else or in the presence of any other person

permitted to be present by the officer.

Limited authority to seize evidence without warrant

(1) An officer may seize something without a warrant if

(

a) the thing has been produced to the officer or is in plain view, and

(

b) the officer has reasonable grounds for believing that this Part, the

regulations or an order has been contravened and that the thing would afford

evidence of the contravention.

(2) The officer must inform the person from whom a thing is seized under

subsection (1) as to the reason for the seizure and must give the person a receipt

for the thing.

(3) The officer may remove a thing seized under subsection (1) or may detain it in

the place in which it was seized.

(4) As soon as reasonably practicable after something is seized under subsection (1),

the officer must bring the thing, or a report of it, before a justice to be dealt with

in accordance with the Offence Act as if it were seized pursuant to a warrant

under that Act.

Assistance on inspection

(1) A person must provide all reasonable means in that person's power to facilitate

an inspection under this Part.

(2) A person must not

(

a) hinder, obstruct, molest or interfere with, or attempt to hinder, obstruct,

molest or interfere with, an officer in the exercise of a power or the

performance of a function or duty under this Part or the regulations,

(

b) knowingly provide an officer with false information, or neglect or refuse to

provide information required by an officer in the exercise of the officer's

powers or performance of the officer's functions or duties under this Part or

the regulations, or

(

c) interfere with any monitoring equipment or device in a workplace placed or

ordered to be placed there by the board.

Division 12 – Enforcement

General authority to make orders

(1) The board may make orders for the carrying out of any matter or thing regulated,

controlled or required by this Part or the regulations, and may require that the

order be carried out immediately or within the time specified in the order.

(2) Without limiting subsection (1), the authority under that subsection includes

authority to make orders as follows:

(

a) establishing standards that must be met and means and requirements that

must be adopted in any work or workplace for the prevention of work

related accidents, injuries and illnesses;

(

b) requiring a person to take measures to ensure compliance with this Act and

the regulations or specifying measures that a person must take in order to

ensure compliance with this Act and the regulations;

(

c) requiring an employer to provide in accordance with the order a medical

monitoring program as referred to in

section 161;

(

d) requiring an employer, at the employer's expense, to obtain test or

assessment results respecting any thing or procedure in or about a

workplace, in accordance with any requirements specified by the board, and

to provide that information to the board;

(

e) requiring an employer to install and maintain first aid equipment and

service in accordance with the order;

(

f) requiring a person to post or attach a copy of the order, or other information,

as directed by the order or by an officer;

(

g) establishing requirements respecting the form and use of reports, certificates,

declarations and other records that may be authorized or required

under this Part;

(

h) doing anything that is contemplated by this Part to be done by order;

(

i) doing any other thing that the board considers necessary for the prevention

of work related accidents, injuries and illnesses.

(3) The authority to make orders under this

section does not limit and is not limited

by the authority to make orders under another provision of this Part.

Contents and process for orders

(1) An order may be made orally or in writing but, if it is made orally, must be

confirmed in writing as soon as is reasonably practicable.

(2) An order may be made applicable to any person or category of persons and may

(3) If an order relates to a complaint made by a person to the board or an officer, a

copy of the order must be given to that person.

(4) An officer of the board may exercise the authority of the board to make orders

under this Part, subject to any restrictions or conditions established by the board.

Notice of cancellation

(1) If the board cancels an order, it must give notice of the cancellation to the

employer or other person in relation to whom the order was made.

(2) If the person given notice under subsection (1) was required by or under this Part

to post a copy of the original order or to provide copies of it to a joint committee,

worker representative or union, the person must post and provide copies of the

cancellation notice in accordance with the same requirements.

Orders to stop using or supplying unsafe equipment, etc.

(1) If the board has reasonable grounds for believing that a thing that is being used

or that may be used by a worker

(

a) is not in safe operating condition, or

(

b) does not comply with this Part or the regulations,

the board may order that the thing is not to be used until the order is cancelled by

the board.

(2) If the board has reasonable grounds for believing that a supplier is supplying a

thing that

(

a) is not in safe operating condition, or

(

b) does not comply with this Part or the regulations,

the board may order that supplier to stop supplying the thing until the order is

cancelled by the board.

(3) Despite

section 188 (1), an order under this

section may only be made in writing.

(4) The board may cancel an order under this

section only if it is satisfied that the

thing in respect of which the order was made is safe and complies with this Part

and the regulations.

Orders to stop work

(1) If the board has reasonable grounds for believing that an immediate danger exists

that would likely result in serious injury, serious illness or death to a worker, the

board may order

(

a) that work at the workplace or any part of the workplace stop until the order

to stop work is cancelled by the board, and

(

b) if the board considers this is necessary, that the workplace or any part of the

workplace be cleared of persons and isolated by barricades, fencing or any

other means suitable to prevent access to the area until the danger is

removed.

(2) If an order is made under subsection (1) (b), an employer, supervisor or other

person must not require or permit a worker to enter the workplace or part of the

workplace that is the subject of the order, except for the purpose of doing work

that is necessary or required to remove the danger or the hazard and only if the

worker

(

a) is protected from the danger or the hazard, or

(

b) is qualified and properly instructed in how to remedy the unsafe condition

with minimum risk to the worker's own health or safety.

(3) Despite

section 188 (1), an order under this

section

(

a) may only be made in writing, and

(

b) must be served on the employer, supervisor or other person having apparent

supervision of the work or the workplace.

(4) An order under this

section expires 72 hours after it is made, unless the order has

been confirmed in writing by the board.

Effect of orders on workers

(1) If, as a result of an order made under

section 190 or 191, a worker is temporarily

laid off, the employer must pay the worker the amount the worker would have

earned or, if this cannot be readily determined, the amount the worker would have

been likely to earn,

(

a) for the day on which the order came into effect and for the next 3 working

days during which the order is in effect, or

(

b) for a longer period, if this is provided under a collective agreement.

(2) Nothing in this

section prevents workers affected by an order referred to in

subsection (1) from being assigned to reasonable alternative work during the time

that the order is in effect.

Posting of orders by officer

(1) An officer may

(

a) post at a workplace, or

(

b) attach to any product, tool, equipment, machine, device or other thing,

a copy of an order or a notice related to that order.

(2) An order posted or attached under subsection (1) must not be removed except

(

a) in accordance with the order, or

(

b) by an officer or a person authorized by an officer.

Compliance reports

(1) An order may include a requirement for compliance reports in accordance with

this section.

(2) The employer or other person directed by an order under subsection (1) must

prepare a compliance report that specifies

(

a) what has been done to comply with the order, and

(

b) if compliance has not been achieved at the time of the report, a plan of what

will be done to comply and when compliance will be achieved.

(3) If a compliance report includes a plan under subsection (2) (b), the employer or

other person must also prepare a follow-up compliance report when compliance

is achieved.

(4) In the case of compliance reports prepared by an employer, the employer must

(

a) post a copy of the original report and any follow-up compliance reports at

the workplace in the places where the order to which it relates are posted,

(

b) provide a copy of the reports to the joint committee or worker health and

safety representative, as applicable,

(

c) if the reports relate to a workplace where workers of the employer are

represented by a union, send a copy to the union, and

(

d) if required by the board, send a copy of the reports to the board.

Suspension or cancellation of certificates

(1) If the board has reasonable grounds for believing that a person who holds a

certificate issued under this Part or the regulations has breached a term or

condition of the certificate or has otherwise contravened a provision of this Part

or the regulations, the board may, by order,

(

a) cancel or suspend the certificate, or

(

b) place a condition on the use of that certificate that the board considers is

necessary in the circumstances.

(2) An order under this

section suspending a certificate must specify the length of

time that the suspension is in effect or the condition that must be met before the

suspension is no longer in effect.

Administrative penalties

(1) The board may impose an administrative penalty in accordance with this

section

if it considers that

(

a) an employer has failed to take sufficient precautions for the prevention of

work related injuries or illnesses,

(

b) an employer has not complied with this Part, the regulations or an

applicable order, or

(

c) a workplace or working conditions are not safe.

(2) Before imposing an administrative penalty, the board must serve a penalty notice

on the employer that sets out

(

a) the basis on which the administrative penalty is being considered,

(

b) the amount of the proposed administrative penalty,

(

c) the employer's options to accept the penalty as proposed or to make representations

to the board respecting the proposed penalty or the amount, and

(

d) the time limit for giving notice to the board that the employer intends to

make representations referred to in paragraph (c), which must be at least 30

days after the penalty notice is served on the employer.

(3) On receipt of a penalty notice, the employer must

(

a) provide a copy of the notice to the joint committee or worker health and

safety representative, as applicable, and

(

b) if the workers at the workplace to which the penalty notice relates are

represented by a union, send a copy to the union.

(4) In response to a penalty notice, the employer may

(

a) accept the proposed administrative penalty, in which case it is deemed to be

an administrative penalty imposed under subsection (6) that is payable as

ordered by the board, or

(

b) within the time limit established under subsection (2) (d), notify the board

that the employer wishes to make representations to the board respecting the

matter.

(5) If an employer has given notice referred to in subsection (4) (b), the board must

give the employer a reasonable time in which to provide information and make

other representations to the board respecting the matter.

(6) After considering any representations made by the employer under subsection

(5) and any other information the board considers relevant, the board may, by order,

impose an administrative penalty on the employer, subject to the limits that

(

a) the employer is not liable to an administrative penalty if the employer

proves that the employer took every precaution that was reasonable in the

circumstances to prevent the failure, non-compliance or conditions to which

the penalty relates, and

(

b) the board must not impose an administrative penalty greater than $500 000.

(7) An employer subject to an administrative penalty under this

section must pay the

amount of the penalty to the board for deposit into the accident fund.

(8) If an administrative penalty is reduced or cancelled on appeal, the amount to be

returned to the employer must be paid out of the accident fund and must include

interest calculated as referred to in

section 96 (7).

(9) If an administrative penalty is imposed on an employer, a prosecution under this

Act for the same contravention may not be brought against the employer.

Special rules for review of orders in relation to administrative penalties

(1) Once a penalty notice is served under

section 196 (2), an order in relation to

which the administrative penalty is contemplated may not be reviewed under

Division 13 of this Part.

(2) Despite subsection (1), an order referred to in subsection (1)

(

a) may be reviewed in the context of the decision on imposing an administrative

penalty if

(

i) a review of the order is underway but has not been completed at the

time the penalty notice is served, or

(ii) the order was made not more than 60 days before the penalty notice

was served, and

(

b) may be considered in the context of the decision on imposing an administrative

penalty, even if the order has previously been reviewed or the time

limit under

section 201 (1).

Court injunction

(1) On application of the board and on being satisfied that there are reasonable

grounds to believe that a person

(

a) has contravened or is likely to contravene this Part, the regulations or an

order, or

(

b) has not complied or is likely not to comply with this Part, the regulations or

an order,

the Supreme Court may grant an injunction restraining the person from

continuing or committing the contravention or requiring the person to comply, as

applicable.

(2) An injunction under subsection (1) may be granted without notice to others if it

is necessary to do so in order to protect the health or safety of workers.

(3) A contravention of this Part, the regulations or an order may be restrained under

subsection (1) whether or not a penalty or other remedy has been provided by this

Part.

Division 13 – Reviews

What decisions are reviewable

199 The following are the decisions that are reviewable under this Division:

(

a) an order, other than

(

i) an order under

section 196 imposing an administrative penalty, or

(ii) an order referred to in

section 197 (1) that may be considered in the

context of deciding whether or not an administrative penalty is to be

imposed;

(

b) the refusal to make an order that is reviewable under paragraph (a);

(

c) the cancellation of an order that is reviewable under paragraph (a);

(

d) a determination under

section 145 (1) respecting the right to refuse unsafe

work;

(

e) a determination under

section 153 (1) respecting discriminatory action or

failure to pay wages.

Who may apply for a review

200 An employer, worker, supplier, union or other person aggrieved by a reviewable

decision may have the decision reviewed in accordance with this Division.

Applying for a review

(1) In order to have a decision reviewed, the person aggrieved must apply to the

board within 60 days after the date of the decision.

(2) An application for a review must

(

a) be made in writing or in another manner acceptable to the board,

(

b) identify the decision for which a review is requested, and

(

c) state the basis on which the application for review is made and the outcome

requested.

Board to have application dealt with by reviewing officer

(1) The board must have an application for review dealt with by a reviewing officer

as expeditiously as reasonably practicable after it has been received.

(2) A review of

(

a) a refusal to make an order, if the basis for the application for review is that

an order is required to ensure that an unsafe condition is remedied, or

(

b) an order under

section 195 suspending or cancelling a certificate

must be given priority and dealt with by a reviewing officer as quickly as possible

after the application has been received.

(3) Unless the complexity of the matter makes this impracticable, a decision on the

review must be made within 60 days after the application for the review is

received by the board.

(4) The board must designate officers to act as reviewing officers for the purposes of

this Division, but the reviewing officer in a specific case must not be a person who

is the direct supervisor of the officer who made the decision under review.

Generally a review does not operate as a stay

(1) Unless the reviewing officer directs otherwise, a review under this Division does

not operate as a stay or suspend the operation of the decision under review.

(2) The reviewing officer may make a stay or suspension referred to in subsection

(1) subject to any conditions the officer specifies.

Notice to other persons

(1) In the case of a review requested by an employer, the employer must

(

a) post a notice of the application for review at the workplace to which the

decision under review applies,

(

b) provide notice of the application to the joint committee or worker representative,

as applicable, and

(

c) if workers of the employer at that workplace are represented by a union,

send notice of the application to the union.

(2) In the case of a review requested by a worker or union, the worker or union must

provide notice of the application for review to the employer, who must give notice

in accordance with subsection (1).

(3) In the case of a review requested by a person other than an employer, worker or

union, the person must give notice in accordance with the directions of the

reviewing officer.

(4) As an exception, the requirements of subsection (2) do not apply in relation to an

order referred to in

section 166 (2).

Review process

(1) Subject to the regulations and this section, the reviewing officer may deal with a

review in a manner the officer considers appropriate to the nature and circumstances

of the decision being reviewed.

(2) The applicant requesting a review and an employer, worker or union required to

be given notice under

section 204 are entitled to present information respecting

the review to the reviewing officer.

(3) Without limiting subsection (1), the reviewing officer may do one or more of the

following:

(

a) receive any evidence or information on oath, affidavit or otherwise as the

officer considers appropriate, whether or not it is admissible as evidence in

a court of law;

(

b) conduct an inquiry into the matter and consider new information provided

by other officers or any other person;

(

c) hold a hearing, if the officer is of the opinion that the circumstances justify

this;

(

d) subject to the entitlement under subsection (2), specify the persons or

organizations who may participate in a review and the manner in which they

may participate;

(

e) require the applicant or other parties to provide further information.

Decision on review

(1) In dealing with a review, the reviewing officer may confirm, vary or cancel the

decision under review or substitute his or her own decision for the decision under

review.

(2) The reviewing officer must provide a written copy of his or her decision on the

review, with reasons, to

(

a) the applicant for the review, and

(

b) any other parties who participated in the review.

(3) If the decision on a review is in relation to an order that was required by or under

this Act to be posted by an employer at a workplace, the reviewing officer must

provide a copy of the decision to the employer, who must then post it at the

workplace.

(4) Subject to the authority of the board under

section 113 (2) or an appeal under

Division 14 of this Part, a decision of a reviewing officer on any matter in which

the reviewing officer has jurisdiction under this Division is final and conclusive

and is not open to question or review in a court on any grounds.

Division 14 – Appeals

What decisions are appealable to appeal tribunal

207 The following are decisions that may be appealed to the appeal tribunal in accordance

with this Division:

(

a) in relation to administrative penalties under

section 196,

(

i) an order imposing an administrative penalty,

(ii) the cancellation of an order imposing an administrative penalty, or

(iii) a decision not to impose an administrative penalty made after issuing

a penalty notice under

section 196 (2);

(

b) a decision on a review under Division 13 of this

Part in relation to a determination

or order under

section 153, including a decision respecting the

refusal to make or the cancellation of an order under that section;

(

c) a decision on a review under Division 13 of this

Part in relation to an order

under

section 195;

(

d) any other decision under this Part or the regulations that is prescribed by

regulation to be an appealable decision.

Who may bring an appeal

208 The following may bring an appeal of an appealable decision:

(

a) for an appeal in relation to an administrative penalty,

(

i) the employer subject to the penalty, unless the employer accepted the

penalty under

section 196 (4) (a),

(ii) a worker of the employer or a union representing workers of the

employer, or

(iii) any other person aggrieved by the decision;

(

b) for an appeal in relation to a decision under

section 153, the worker,

employer or union affected by the decision;

(

c) for an appeal in relation to an order under

section 195, the person subject to

the order;

(

d) for an appeal in relation to a decision prescribed to be appealable, the

persons permitted by regulation to appeal.

Applying for an appeal

(1) In order to bring an appeal under this Division, a person must apply in writing to

the appeal tribunal within 30 days of the decision being appealed.

(2) An application under subsection (1) must

(

a) identify the decision that is the subject of the application for appeal,

(

b) state the basis on which the application for an appeal is made and the

outcome requested, and

(

c) include any other information required by the appeal tribunal.

Generally an appeal does not operate as a stay

(1) Unless the appeal tribunal directs otherwise, an appeal does not operate as a stay

or suspend the operation of the decision under appeal.

(2) The appeal tribunal may make a stay or suspension referred to in subsection

(1) subject to any conditions it specifies.

Appeal process

(1) Subject to this Division, sections 85.1, 85.2 and 87 apply for the purposes of an

appeal under this Division.

(2) In the case of an appeal by an employer, worker or union, notice of the appeal

application must be given in accordance with

section 204 (1) and (2).

(3) In the case of an appeal by a person other than an employer, worker or union, the

person must give notice in accordance with the directions of the appeal tribunal.

(4) For certainty,

section 96.1 does not apply to an appeal under this Division.

Decision on an appeal

(1) After considering the appeal, the appeal tribunal may

(

a) confirm, vary or cancel the decision under appeal, or

(

b) refer the matter back to the board for reconsideration.

(2) The appeal tribunal must make a written copy of its decision, with reasons,

available to

(

a) the applicant for the appeal, and

(

b) any other parties who participated in the appeal.

(3) A decision of the appeal tribunal on any matter in which it has jurisdiction is final

and conclusive and is not open to question or review in a court on any grounds.

Division 15 – Offences

Offence to contravene Part, regulation or order

(1) A person who contravenes a provision of this Part, the regulations or an order

commits an offence.

(2) If a corporation commits an offence referred to in subsection (1), an officer,

director or agent of the corporation who authorizes, permits or acquiesces in the

commission of the offence also commits an offence.

(3) Subsection (2) applies whether or not the corporation is prosecuted for the

offence.

Limits on prosecutions

(1) The time limit for laying an information in respect of an offence is 2 years after

the last occurrence of the act or omission on which the prosecution is based.

(2) An information in respect of an offence may only be laid with the approval of the

board.

Defence of due diligence

215 A person is not guilty of an offence if the person proves that the person took every

precaution that was reasonable in the circumstances to prevent the commission of the

offence.

Additional defence for workers

216 A worker is not guilty of an offence if the worker proves that the offence was

committed

(

a) as a result of instructions given by the worker's employer or supervisor, and

(

b) despite the worker's objection.

General penalties

217 On conviction for an offence, a person is liable to the following penalties:

(

a) in the case of a first conviction,

(

i) a fine of not more than $500 000 and, in the case of a continuing

offence, to a further fine of not more than $25 000 for each day during

which the offence continues after the first day,

(ii) imprisonment for a term not exceeding 6 months, or

(iii) both fine and imprisonment;

(

b) in the case of a subsequent conviction,

(

i) a fine of not more than $1 million and, in the case of a continuing

offence, to a further fine of not more than $50 000 for each day during

which the offence continues after the first day,

(ii) imprisonment for a term not exceeding 12 months, or

(iii) both fine and imprisonment.

Additional penalty to reclaim monetary benefit

(1) On conviction for an offence, if the court is satisfied that monetary benefits

accrued to the offender as a result of the commission of the offence, the court may

order the offender to pay a fine in an amount equal to the estimation by the court

of the amount of the monetary benefits.

(2) A fine under subsection (1) is additional to any fine imposed under

section 217.

Additional powers on sentencing

(1) If a person is convicted of an offence, in addition to any other punishment

imposed, the court may, having regard to the nature of the offence and the circumstances

surrounding its commission, make an order doing one or more of the

following:

(

a) directing the person to perform community service in accordance with the

requirements established by the court;

(

b) directing the person to pay to the board an amount for the purpose of

research or public education related to occupational health and safety;

(

c) directing the person to post a bond or pay into court an amount of money

the court considers appropriate for the purpose of ensuring compliance with

any prohibition, direction or requirement under this section;

(

d) directing the person to submit to the board, on application by the board

within 3 years after the date of the conviction, any information respecting

the activities of the person that the court considers appropriate in the

circumstances;

(

e) directing that the facts relating to the commission of the offence be

published by the board at the expense of the person convicted, subject to any

maximum amount or other restrictions established by the court;

(

f) prohibiting the person from working in a supervisory capacity at any

workplace for a period of not more than 6 months from the date of

conviction;

(

g) requiring the person to comply with any other conditions that the court

considers appropriate for securing the person's good conduct and for

preventing the person from repeating the offence or committing other

offences under this Part.

(2) An order under subsection (1) comes into force on the day on which it is made or

on another day specified by the court, but must not continue in force for more than

3 years after that day.

(3) If the court makes an order under subsection (1) (

b) or the board incurs

publication expenses under subsection (1) (e), the amount or expenses constitute

a debt due to the board.

Penalties to be paid into accident fund

220 On receipt of payment of a fine ordered under this Division, the amount must be

transferred for deposit into the accident fund.

Division 16 – General

Service of orders and other documents

(1) A notice, order or other document that is required to be served on or otherwise

sent to a person under this

Part is deemed to have been served if

(

a) it is personally served on the person, or

(

b) it is sent by registered mail to the person's last known address.

(2) If service is by registered mail, the document is deemed to be served on the

person on the eighth day after it is deposited in a Canada Post Office.

(3) At the request of a person on whom a document is required to be served, the

document may be transmitted to the person electronically or by fax machine.

(4) A document transmitted under subsection (3) is deemed to have been served

when the person serving the document receives an acknowledgment of the transmission

from the person served.

Court orders for access

222 Without limiting the authority under the Offence Act , a justice may issue warrants for

the purposes of this Act as follows:

(

a) on being satisfied on evidence on oath or affirmation that a place is used as

a workplace, the justice may issue a warrant authorizing an officer or other

person named in the warrant to enter the place and conduct an inspection,

investigation or inquiry;

(

b) on being satisfied on evidence on oath or affirmation that there are in any

place records or other things for which there are reasonable grounds to

believe that they are relevant to a matter under this Part or the regulations,

the justice may issue a warrant authorizing an officer or other person named

in the warrant to enter the place and search for and seize any records or other

things relevant to the matter in accordance with the warrant;

(

c) on being satisfied on evidence on oath or affirmation that access or review

of a worker's medical records is reasonably required for the purposes of this

Part or the regulations, a justice may issue a warrant authorizing an officer

or other person named in the warrant to access and inspect the record in

accordance with the warrant.

Collection by assessment or judgment

(1) If a person fails to pay an amount owed to the board under this Part, the board

may,

(

a) if the person is an employer, direct that the amount be levied on the

employer by way of an assessment, and

(

b) in any case, issue a certificate for the amount owed and file that certificate

in the Supreme Court.

(2) An assessment under subsection (1) (

a) is deemed to be an assessment under

Part 1 of this Act and may be levied and collected under and in accordance with

that Part.

(3) A certificate filed under subsection (1) (

b) has the same effect, and all

proceedings may be taken on it by the board, as if it were a judgment of the court

for the recovery of a debt of the amount stated in the certificate against the person

named in it.

Division 17 – Regulations

Cabinet regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations as follows:

(

a) defining words or expressions used but not defined in this Part;

(

b) establishing criteria that must be applied and procedures that must be

followed in making decisions under this Part or the regulations;

(

c) requiring a greater number for minimum membership of a joint committee

as referred to in

section 127 (

a) and the circumstances when that greater

number is required;

(

d) establishing additional functions and duties for joint committees as referred

to in

section 130 (j);

(

e) establishing a longer period of educational leave as referred to in

section 135 (1);

(

f) establishing assistance that must be provided to a joint committee by the

employer in addition to the requirements of

section 136;

(

g) prescribing information that must be included in an occupational health and

safety information

summary under

section 155;

(

h) prescribing classes of health professional for the purposes of

section 157;

(

i) specifying provisions of the regulations of the Lieutenant Governor in

Council under this Part for which a variance under Division 9 of this Part

may be ordered;

(

j) prescribing a type of decision under this Part or the regulations as being

appealable under Division 14 of this Part and prescribing who may bring an

appeal of such a decision;

(

k) amending the Act to reflect the deemed amendments under

section 25 (4);

(

l) respecting any other matter for which regulations of the Lieutenant

Governor in Council are contemplated by this Act.

Board regulations

(1) In accordance with its mandate under this Part, the board may make regulations

the board considers necessary or advisable in relation to occupational health and

safety and occupational environment.

(2) Without limiting subsection (1), the board may make regulations as follows:

(

a) respecting standards and requirements for the protection of the health and

safety of workers and other persons present at a workplace and for the well-

being of workers in their occupational environment;

(

b) respecting specific components of the general duties of employers, workers,

suppliers, supervisors, prime contractors and owners under this Part;

(

c) requiring employers to prepare written policies or programs respecting

occupational health and safety and occupational environment in accordance

with the regulations;

(

d) regulating or prohibiting the manufacture, supply, storage, handling or use

of any tool, equipment, machine or device or the use of any workplace;

(

e) respecting standards and requirements for the monitoring of atmospheric or

other workplace conditions or to demonstrate compliance with this Part, the

regulations or an applicable order;

(

f) restricting the performance of specified functions to persons possessing

specified qualifications or experience, including establishing certification

requirements and establishing or arranging certification and instructor

training programs;

(

g) requiring the preparation, maintenance and submission of records

respecting statistical data related to occupational health and safety or

occupational environment;

(

h) respecting the form and manner of reporting on any matter required to be

reported under this Part or the regulations;

(

i) respecting any other matter for which regulations, other than regulations of

the Lieutenant Governor in Council, are contemplated by this Act.

Notice and consultation before board makes regulation

(1) Before making a regulation under this Part, the board

(

a) must give notice of the proposed regulation in the Gazette and in at least 3

newspapers, of which one must be published in the City of Victoria and one

in the City of Vancouver,

(

b) must hold at least one public hearing on the proposed regulation, and

(

c) may conduct additional consultations with representatives of employers,

workers and other persons the board considers may be affected by the

proposed regulation.

(2) A defect or inaccuracy in the notice under subsection (1) (

a) or in its publication

does not invalidate a regulation made by the board.

When board regulation comes into force

227 A regulation of the board must specify the date on which it is to come into force, which

date must be at least 90 days after its deposit under the Regulations Act .

Ongoing review of board regulations

228 The board must undertake a process of ongoing review of and consultation on its

regulations to ensure that they are consistent with current workplace practices, technological

advances and other changes affecting occupational health and safety and

occupational environment.

Minister may direct board to consider amendment

(1) The minister may direct the board to consider whether the board should make,

repeal or amend its regulations in accordance with the recommendations of the

minister.

(2) If a direction under subsection (1) is made, the board must consider the recommendations

and report its response to the minister.

(3) If the board does not make, repeal or amend its regulations as recommended, the

Lieutenant Governor in Council may, by regulation, make, repeal or amend the

regulations of the board in accordance with the recommendations of the minister.

(4) On coming into force, a regulation under subsection (3) is deemed to be a

regulation of the board.

Authority and application of regulations generally

(1) The authority to make regulations under this Division does not limit and is not

limited by the authority to make regulations under another provision of this Part.

(2) Regulations under this Part may do one or more of the following:

(

a) be made applicable to employers, workers, suppliers and any other persons

working in or contributing to the production of an industry;

(

b) be different for different workplaces, industries, activities, persons, things

or categories of any of these;

(

c) delegate a matter to, or confer a discretion on, the board, an officer or

another person.

(3) A regulation under this Part establishing a standard, code or rule may do so by

adopting a standard, code or rule

(

a) published by a national or international standards association, or

(

b) enacted as or under a law of another jurisdiction, including a foreign jurisdiction.

(4) A standard, code or rule referred to in subsection (3)

(

a) may be adopted in whole, in part or with any changes considered appropriate,

and

(

b) may be adopted as it stands at a specific date, as it stands at the time of

adoption or as amended from time to time.

Consequential Amendments

Building Safety Standards Act

Section 2 of the Building Safety Standards Act, R.S.B.C. 1996, c. 42, is amended

(

a) in subsection (1) by striking out " Gas Safety Act ,

Workplace Act and Mines Act " and substituting " Gas

Safety Act and Mines Act and

Part 3 of the Workers Compensation

Act " , and

(

b) by repealing subsection (6) (

c) and substituting the following:

(

c) inspectors appointed or designated under the Electrical Safety Act,

Elevating Devices Safety Act or Gas Safety Act ,

(c.1) officers within the meaning of

section 106 of the

Workers Compensation Act , and .

Section 4 of the Supplement to the Building Safety Standards Act is amended

(

a) by repealing subsection (1) (

e) and substituting the following:

(

e) regulations made under

Part 3 of the Workers Compensation

Act , , and

(

b) by repealing subsection (2) (

b) and substituting the following:

(

b) the regulations respecting the structural design, the materials used in

construction, the methods of construction, the alteration, the occupation or

the use of a building made under the Fire Services Act , Electrical Safety Act ,

Elevating Devices Safety Act , Gas Safety Act or Power Engineers and Boiler

and Pressure Vessel Safety Act or under

Part 3 of the Workers Compensation

Act .

Section 14 of the Supplement to the Building Safety Standards Act is amended

(

a) by repealing subsection (1) (

f) and substituting the following:

(

f) Part 3 of the Workers Compensation Act , , and

(

b) by repealing subsection (2) (

d) and substituting the following:

(

d) Part 3 of the Workers Compensation Act , .

Employment Standards Act

Section 34 (2) (

b) of the Employment Standards Act, R.S.B.C. 1996, c. 113, is repealed

and the following substituted:

(b) 2 hours at the regular wage, in any other case unless the employee is unfit

to work or fails to comply with

Part 3 of the Workers Compensation Act or

a regulation under that Part.

Fire Services Act

Section 1 of the Fire Services Act, R.S.B.C. 1996, c. 144, is amended

(

a) in the definition of "public building" by striking out "within the meaning of the

Workplace Act " , and

(

b) by adding the following definition:

"factory" means a building, premises, workshop, structure, room or place

(

a) where any manufacturing process or assembling in connection with the

manufacturing of products is carried on,

(

b) where thermal, hydraulic, electrical or other form of energy or power is used

to move or work any machinery or device in the preparing, inspecting,

manufacturing or finishing, or in a process incidental to the preparing,

inspecting, manufacturing or finishing, of a product or is used to aid the

manufacturing carried on there,

(

c) where manual labour is performed by way of trade or for purposes of gain

in or incidental to the making of a product, or the altering, repairing,

ornamenting, finishing, storing, cleaning, washing or adapting for sale of a

product, or

(

d) used for the maintenance of aircraft, locomotives

and motor vehicles; .

Section 36 (5) is repealed and the following substituted:

(5) An officer under

Part 3 of the Workers Compensation Act or the regulations

made under it has the powers of an officer for a factory in the area for which

the officer under the Workers Compensation Act is appointed.

Regulations Act

22 The

Schedule to the Regulations Act, R.S.B.C. 1996, c. 402, is amended by striking out

the provision respecting the regulations and rules under the Workers Compensation Act

and substituting the following:

Regulations or rules under the Workers Compensation Act made by the Workers'

Compensation Board

(

a) designating or recognizing a disease as an occupational disease under the

definition of "occupational disease" in

section 1 of that Act,

(

b) under

section 4 (2), 24 (1), 38 (1) (b) (ii) and (2), 40 (2), 47 (1) or 54 (6) of

that Act, or

(

c) under

Part 3 of that Act; .

Workplace Act

Repeal of Workplace Act

(1) The Workplace Act , R.S.B.C. 1996, c. 493, is repealed.

(2) The Supplement to the Workplace Act is repealed.

Transitional Provisions

Definitions

24 In sections 24 to 37 of this Act:

"board" means the Workers' Compensation Board;

"continued regulations" means the regulations continued under

section 25 of this

Act;

"new Part" means

Part 3 of the Workers Compensation Act , as enacted by this Act;

"variance" includes a modification or substitution of a provision of the continued

regulations or an exemption from a provision of the continued regulations.

Regulations continued

(1) Subject to subsection (3), the regulations of the board made under

Part 1 of the

Workers Compensation Act or under the Workplace Act , in relation to occupational

health and safety or occupational environment, that are in force on the date

that this

section comes into force are continued as regulations under the new Part.

(2) The continued regulations are deemed to be regulations of the Lieutenant

Governor in Council or regulations of the board, as applicable in accordance with

their respective authorities under the new Part.

(3) To the extent of any conflict between the continued regulations and the new Part,

the new Part prevails.

Amendment of continued regulations

(1) As soon as is reasonably practicable after this

section comes into force, the board

must

(

a) review the continued regulations to identify provisions that conflict with the

new Part, and

(

b) amend those regulations within its jurisdiction to remove or resolve the

conflict.

(2) Despite the Workers Compensation Act , the board may but is not required to hold

public hearings on amendments referred to in subsection (1) of this section.

Application of new

Part

27 A person who, at the time the new

Part comes into force, is exempted from the

application of

Part 1 by specific or general order is exempted from the application of

the new Part unless the board, by order, otherwise provides.

Joint committees continued

28 An occupational health and safety committee under the continued regulations is

deemed to be a joint health and safety committee under the new Part.

Interim option for small businesses

29 Despite

section 125 of the new Part, an employer for a workplace

(

a) where fewer than 50 but more than 19 workers of the employer are regularly

employed, and

(

b) that, under the regulations referred to in

section 25 (1) of this Act as they

read immediately before the new

Part comes into force, would not be

required to have a joint committee,

may, for the first year after the new

Part comes into force, choose to have a worker

health and safety representative for the workplace rather than a joint committee.

Certificates

30 A certificate issued under

Part 1 of the Workers Compensation Act or the continued

regulations is deemed to be a certificate under the new Part and any restriction,

suspension or cancellation of such a certificate that is in effect when the new

Part

comes into force continues in accordance with its original effect.

Exemptions from disclosure of confidential information

31 If, at the time

section 71 (1.1) of the Workers Compensation Act is repealed by this Act,

a person is subject to an exemption under

section 71 (1.2) of that Act, the continued

regulations under

section 71 (1.1) of that Act