Bill 51 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 51 Occupational Health and Safety Amendment Act, 1983 (Legislature 20, Session 1)

L20 S1 3671

Alberta — Bills

1983 BILL 51 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 51 OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT, 1983 HON. MR. DL^CHUK .1. 41. 8 I 4 W.-, . r. . i~. f - . . '.; . <> ^/' I --< • •( 1 • 1 » "B First Reading Second Reading . , .. . Committee of the Whole »,««,. -^ • • :• • • -, p,. > < >t M I Third Reading Royal Assent

BiU 51 BILL 51 1983 OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows: 1 The Occupational Health and Safety Act is amended by this Act. 2

Section 1 is amended (

a) by renumbering clause (

a) as (a.01) and by adding the foUow ing before clause (a.Ol): (a) "code of practice" means a code of practice described in

section 26; (

b) by adding the following after clause (d): (d.l) "discipUnary action" means an action that adversely affects a worker with respect to terms or conditions of em ployment; (

c) by repealing clause (

e) and substituting the following: (e) "employer" means (

i) a person who is self-employed in an occupation, (

u) a person who employs 1 or more workers, (iu) a person designated by an employer as his represent ative, or (iv) a director or ofl&cer of a corporation who oversees the occupational health and safety of the workers em ployed by the corporation; (

d) by adding the following after clause (e.3): (e.4) "Ucence" means a Ucence, certil under this Act; (

e) by adding the following after clause (f) (e.4) "Ucence" means a Ucence, certificate or permit issued under this Act;

Explanatory Notes 1 This Bill will amend

chapter 0-2 ofthe Revised Statutes of Alberta 1980. 2

Section 1 presently reads in part: 1 In this Act, (e) "employer" means (

i) a person who employs one or more workers, or (ii) a person who is self-employed in an occupation; (j) "principal contractor" means the person, partnership or group of persons who enter into a contractual arrangement with an employer under which workers in the employ of that employer carry out their occupations at a work site that the person, partnership or group of persons owns or for which that person, partnership or group of persons is primarily responsible; Explanatory Notes

(fOl) "new project" means a project defined in the regula tions as a new project for the purposes of this Act; (

f) by repealing clause (

j) and substituting the following: (j) "principal contractor" means a person, partnership or group of persons who, pursuant to a contract, an agreement or ownership, dkect the activities of 1 or more employers mvolved in work at a work site; (

g) by adding the following after clause (k): (k.l) "quahfications board" means a quaUfications board es tablished under the regulations;

Section 2 is amended (

a) by repealing subsection (1) and substituting the following: 2(1) Every employer shaU ensure, as far as it is reasonably practicable for him to do so, (

a) the health and safety of (

i) workers engaged in the work of that employer, and (

U) those workers not engaged in the work of that employer but present at the work site at which that work is being carried out, and (

b) that the workers engaged m the work of that employer are aware of their responsibiUties and duties under this Act and the regulations. (

b) in subsection (4) by striking out "the standards prescribed or adopted by". 4

Section 3 is ameruied in subsection (1) by striking out "a Dkector of Inspection, a Director of Medical Services, a Director of Occupa tional Hygiene" arui substituting "l or more Directors of Inspection, Directors of Medical Services, Directors of Occupational Hygiene". 5

Section 6 is amended (

a) in subsection (l)(

b) by adding "subject to subsection (l.l)j before "require"; (

b) by adding the following after subsection (1):

(1.1) OiUy a Director of Medical Services or a person au thorized in writing by the Director may require the produc-

Section 2 presently reads in part: 2(1) Every employer shaU ensure, as far as it is reasonably practicable for him to do so, the health arui safety of (

a) workers engaged in the work of that employer and (

b) those workers not engaged in the work of that employer but present at the work site at which that work is being carried out.

(2) Every worker shall, while engaged in an occupation, (

a) take reasonable care to protect the health arui safety of himself and of other workers present while he is working, and (

b) co-operate with his employer for the purposes of protecting the health and safety of (

i) himself, (i.

l) other workers engaged in the work ofthe employer and (ii) other workers not engaged in the work of that employer but present at the work site at which that work is being carried out.

(4) Every supplier shaU ensure that any tool, appliance, equipment, des ignated substance or hazardous material that he supplies complies with the standards prescribed or adopted by this Act or the regulations. 4

Section 3 presently reads in part: 3(1) In accordance with the Public Service Act, there may be appointed a Director of Inspection, a Director of Medical Services, a Director of Oc cupational Hygiene, occupational health and safety ojficers arui any other employees necessary for the administration of this Act. 5

Section 6 presently reads in part: 6(1) For the purposes of this Act an officer may (

b) require the production of any records, books, plans or other docu ments which relate to the health or safety of workers and may examine them, make copies of them or remove them temporarily for the pur poses of making copies; Explanatory Notes

tion of, or examine and make copies of, medical reports or records or remove them temporarily for the purpose of mak ing copies. 6

Section 7 is amended by adding the following after subsection (2):

(3) Measures specified in the order referred to in subsection (2), where the order is made in respect of the faUure by a person to comply with

section 25(6) or 28, may require one or more ofthe following: (

a) that the disciplinary action cease; (

b) remstatement of the worker to his former employment under the same terms and conditions under which he was formerly employed; (

c) payment to the worker of money not more than the equivalent of wages that the worker would have eamed if he had not been dismissed or received disciplinary action; (

d) removal of any reprimand or other reference to the mat ter from the worker's employment records.

(4) If the worker has worked elsewhere whUe the dismissal or disciplinary action has been in effect, those wages eamed else where shall be deducted from the amount payable to him under subsection (3)(c). 7 The following is added after

section 9.1: 9.2(1) A licence may be issued in accordance with the regula tions.

(2) A Director may, in accordance with the regulations, cancel or suspend (

a) a Ucence, or (

b) a certificate or permit issued to a worker under the Coal Mines Safety Act or the Quarries Regulation Act. 8 The following is added after

section 10: 10.1 A person who is about to begin a new project may be required to file notice in accordance with the regulations. 9

Section 11 is amended (

a) by repealing subsection (1) and substituting the following:

(1) A person (

a) to whom an order is issued under

section 7, 8, 9, 9.1, 10, 20 or 26, (

b) whose Ucence has been canceUed or suspended, or

Section 7 presently reads: 7(1) When an ofiicer is ofthe opinion that work is being carried out in a manner which is unhealthy or unsafe to the workers engaged in the work or present where the work is being carried out. the officer may in writing order the person responsible for the work being carried out (

a) to stop the work which is specified in the order and (

b) to take measures as specified in the order that are, in the opinion ofthe officer, necessary to ensure that the work wiU be carried out in a healthy arui safe manner. or either of them, within the time limits specified in the order.

(2) When an officer is ofthe opinion that this Act or the regulations are not being complied with, he may in writing order the person who, in his opinion, is not complying with the Act or the regulations to take measures as specified in the order that are, in the opinion ofthe ofiicer necessary to ensure that this Act and the regulations will be complied with, within the time limits specified in the order. 7 Issuing, suspension and cancellation, of Ucences, certificates and permits. 8 New project notification. 9

Section 11 presently reads in part: 11(1) A person to whom an order is issued uruier

section 7, 8. 9, 9.1, 10. 20 or 26 may appeal the order to the Council

(3) Afier considering the matter being appealed, the CouncU may by order confirm, revoke or vary the order being appealed.

(7) When an appeal is commenced under subsection (1). the commence ment of that appeal does not operate as a stay ofthe order being appealed Explanatory Notes

(

c) whose certificate or permit issued under the Coal Mines Safety Act or the Quarries Regulation Act has been can celled or suspended under

section 9.2, may appeal the order, canceUation or suspension to the Coun cU. (

b) by repealing subsection (3) and substituting the following:

(3) After considering the matter being appealed, the CoimcU may by order (

a) confirm, revoke or vary the order being appealed, (

b) confirm the canceUation or suspension, (

c) reinstate the canceUed Ucence, certificate or permit, (

d) substitute a suspension for a canceUation, or (

e) remove or vary a suspension. (

c) in subsection (7) by adding ", canceUation or suspension" afier "order". 10

Section 13 is amended (

a) by repealing subsection (

I) and substituting the following: 13(1) If a serious injury or an accident that has the potential of causing serious injury to a person occurs at a work site, the employer responsible for that work site shaU (

a) forthwith notify a Director of Inspection as to the tune, place and nature ofthe serious injury or accident, (

b) carry out an investigation into the circumstances sur rounding the serious injury or accident, (

c) prepare a report in accordance with the regulations, outlining the circumstances of the serious injury or acci dent and the corrective action, if any, undertaken to pre vent a recurrence ofthe serious injury or accident, and (

d) ensure that a copy of the report is readily avaUable for inspection by an oflScer. (

b) by adding the following after subsection (2):

(2.1) The employer shaU retain the report referred to in sub section (1) for 2 years after the serious injury or accident.

(2.2) A report prepared under this

section is not admissible as evidence for any purpose in a trial arismg out ofthe serious injury or accident, an investigation or pubhc inquiry under the Fatality Inquiries Act or any other action as defined m the Alberta Eviderwe Act except in a prosecution for perjury or for the giving of contradictory evidence.

from except insofar as the chairman or a vice-chairman ofthe CouncU so directs. 10

Section 13 presently reads in part: 13(1) If a serious injury or an accident that had the potential of causing serious injury to a person occurs at a work site, the employer responsible for that work site shall (

a) by telephone or similar means immediately notify the Director of Inspection as to the time, place and nature ofthe accident or injury, and (

b) within 48 hours of the accident forward a written report of the accident or injury to the Director of Inspection.

(2) For the purposes of subsection (1) "serious injury" has the meaning given to it in the regulations. Explanatory Notes

11 The following is added after

section 25: 25.1 An employer or principal contractor, if required by regu lation, shaU (

a) state his poUcy in writing for the protection and main tenance of the health and safety of his workers on the work site, (

b) state the arrangements to implement that poUcy, and (

c) as far as is reasonably practicable, inform his workers of the poUcy. 12

Section 26 is amended by repealing subsection (1) arui substitut ing the following; 26(1) A principal contractor or employer responsible for a work site may be required (

a) by a written order of a Director, or (

b) by regulation to estabUsh a code of practice and to supply copies of it to a Director.

(1.1) A code of practice shaU include practical guidance on the requirements of the regulations appUcable to the work site, safe working procedures in respect ofthe work site and other matters as required by a Director or the regulations. 13 The following is added after

section 26: 26.1(1) A Director may, in accordance with the regulations, issue in writing an acceptance to an employer or principal contractor if, in his opinion, an altemative tool, appUance, equipment or work process at a work site provides equal or greater protection than that provided for by regulation to persons affected by the tool, appUance, equipment or work process.

(2) A Director may impose terms and conditions he considers necessary on the acceptance and those terms and conditions are part of the acceptance.

(3) An acceptance is in effect only during the period prescribed in it and, notwithstanding anything in this Act or the regulations, during that period the terms, conditions or requirements set out in it apply with respect to the tool, appUance, equipment or work process at the work site to which the acceptance apphes.

(4) An employer or principal contractor who is issued an accept ance shaU ensure that the acceptance is compUed with.

(5) The Regulations Act does not apply to an acceptance issued by a Director.

11 Written health and safety policies. 12

Section 26 presently reads: 26(1) A Director may, in writing, order a principal contractor or employer responsible for a work site to establish a code of practice specifying safe working procedures in respect of that work site.

(2) A code of practice shall be posted on the work site in a location where it is conspicuous to the workers and other persons at the work site.

(3) A Director may from time to time require that the code of practice be revised. 13 Acceptances. Explanatory Notes

Section 27 is ameruied (

a) in subsection (1) (

i) in clause (

a) by striking out "when" arui substituting "if, on reasonable and probable grounds, he beUeves that"; (ii) in clauses (

b) and (

c) by striking out "that wiU" and sub stituting "if, on reasonable and probable grounds, he beUeves that it wUl"; (

b) by adding the following after subsection (2):

(3) A worker who (

a) refuses to carry out work, or (

b) refuses to operate a tool, appUance or equipment pursuant to subsection (1) shaU, as soon as practicable, notify his employer at the work site of his refusal and the reason for his refusal.

(4) On being notified under subsection (3), the employer shaU (

a) investigate and take action to eUminate the imminent danger, (

b) ensure that no worker is assigned to use or operate the tool, appUance or equipment or to perform the work for which a worker has made a notification under subsec tion (3), unless (

i) the worker to be so assigned is not exposed to im minent danger, or (

U) the imminent danger has been eUmmated, (

c) prepare a written record of the worker's notification, the investigation and action taken, and (

d) give the worker who gave the notification a copy of the record described in clause (c).

(5) The employer may require a worker who has given noti fication under subsection (3) to remain at the work site and may assign him temporarily to other work assignments that he is reasonably capable of performing.

(6) A temporary assignment under subsection (5), if there is no loss m pay, is not disciplinary action for the purposes of

section 28. 15 The following is added after

section 28: 28.1 A worker who has reasonable cause to beUeve that he has been dismissed or subjected to discipUnary action in contraven tion of

section 25(6) or 28 may file a complaint with an officer.

Section 27 presently reads: 27(1) No worker shaU (

a) carry out any work when there exists an imminent danger to the health or safety of that worker (

b) carry out any work that will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site, or (

c) operate any tool, appliance or equipment that will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site.

(2) In this section, "imminent danger" means in relation to any occupa tion (

a) a danger which is not normal for that occupation, or (

b) a danger under which a person engaged in that occupation would not normally carry out his work. 15 Complaint to officer. Explanatory Notes

Section 30 is repealed and the following is substituted: 30(1) For the purpose of defraying part ofthe costs of adminis tering this Act, (

a) the Minister shaU, if authorized by the regulations, make assessments on employers, or (

b) The Workers' Compensation Board shaU, if an agreement is entered into under subsection (2)(b), pay to the Provincial Treasurer amoimts that may be prescribed by the Lieutenant Govemor in CouncU.

(2) The Minister and The Workers' Compensation Board may enter into an agreement under which the Board is required to either (

a) coUect on behalf of the Crown in right of Alberta assess ments made on employers by the Minister, or (

b) pay to the Provincial Treasurer amoimts that may be pre scribed by the Lieutenant Govemor in CouncU. 17

Section 31 is amended (

a) in subsection (1) (

i) by repealing clause (a.

l) arui substituting the following: (a.

l) prescribing health and safety rules or standards to be observed at a work site or at different classes of work sites; (ii) by adding the following after clause (a.l): (a.2) requiring an employer or principal contractor to en sure the availabUity of tools, appUances, equipment, pro tective clothing or materials for the use of workers; (a. 3) requiring that tools, appUances, equipment and haz ardous materials and their mode of preparation, erection, assembly, use, testing, maintenance, repair, adjustment, dismantling, deactivation and abandonment (

i) comply with the specifications of their manufac turer, (

u) comply with a code adopted by or rules or stand ards prescribed by regulation, or (iii) be certified as safe by a person or agency desig nated by regulation; (a.4) goveming the use of signals on a work site; (a. 5) goveming communication between different work sites;

16 Correction of a Revision oversight. 17

Section 31 presently reads in part: 31(1) The Lieutenant Governor in CouncU may make regulations (a.

l) prescribing health and safety standards to be maintained at a work site or at different classes of work sites; (

b) prescribing standards for tools, appliances or equipment; (

n) prescribing the form arui content of either of them for a code of practice or classes of codes of practice established uruier

section 26; (

t) governing the instruction, training or supervision of persons (

i) engaged in occupations designated as hazardous occupations, or (ii) working at or on work sites designated as hazardous work sites; (

u) requiring and governing the posting of (

i) health and safety notices issued by a Director (ii) orders made under this Act or the regulations, (iii) names of members of a joint work site health arui safety committee, or (iv) the recorded minutes of a meeting of a joint work site health and safety committee meeting; (

w) governing the supply, transportation, use. storage and disposal, or any of them, of a designated substance or a hazardous material; (

x) prohibiting any person other than those licensed by a Director from transporting, using, storing or disposing of a designated sub stance or a hazardous material; Explanatory Notes

(a. 6) goveming the identification of tools, appUances or equipment approved pursuant to rules or standards pre scribed by or adopted by the Act, regulations or accept ances; (iii) in clause (

b) by adding "rules or" before "standards"; (iv) by adding the following after clause (b.l): (b.

l) requiring for safety reasons the clothing or tools, appUances or equipment to be wom or carried or not wom or carried by workers; (b.3) goveming acceptances referred to in

section 26.1; (

v) by adding the following after clause (h): (h.

l) requiring the estabUshment of mine rescue stations, rescue training and evacuation routes; (h.2) requiring the estabUshment of a system for report ing unsafe conditions in mines; (h.3) goveming mine ventUation, water control, Ughting and use of electricity in a mine; (vi) by adding the following after clause (k): (k.

l) defining "new project" for the purposes of this Act; (k.2) respecting the forms, contents and filing of new project notifications; (k.3) prescribing with respect to which new project or classes of new projects a person must file notice under

section 10.1; (vii) by repealing clause (

n) and substituting the following: (m.

l) requiring employers, classes of employers, princi pal contractors or classes of principal contractors to com ply with

section 25.1 or 26, or both; (

n) goveming the form and content of a code or class of codes of practice; (viii) in clause (t) (

A) by adding ", du-ection, education, quaUfications" after "instmction"; (

B) in subclause (ii) by adding "at mmes or quarries or" after "working"; (ix) in clause (

u) by striking out "or" at the end of subclause (iii), adding "or" at the end of subclause (iv) and adding the following after subclause (iv): (

v) codes of practice;

(

y) prescribing records, documents, plans, designs and reports that must be maintained by employers; (

z) requiring the preservation of records, documents, plans, designs arui reports that must be maintained by employers; (z.2) governing the qualifications and certification of workers at coal mines and quarries; (z.3) providing for the appointment of qualifications boards to pre scribe qualifications and certification for workers at coal mines and quarries; (z.5) prohibiting the employment of workers at coal mines or quarries unless those workers meet the qualifications prescribed by regulations uruier clause (z.2) or by a board appointed under clause (z.3); (z.6) specifying which work sites are coal mines or quarries for the purposes of this Act. Explanatory Notes

(

x) in clause (

w) by adding ", preparation, firing, deactivation, abandonment" after "storage"; (xi) in clause (

x) by adding ", preparing, firing, deactivating, abandoning" after "storing"; (xii) by repealing clause (

y) and substituting the following: (

y) respecting the contents and maintenance of records, documents, plans, designs and reports; (xiii) clause (

z) is amended by striking out "that must be maintained by employers"; (xiv) by repealing clause (z.2) and substituting the following: (z.2) goveming the quaUfications and Ucensing of workers at mines, quarries and work sites designated as hazardous work sites; (z.21) designating different classes or types of hcences; (z.22) respecting the conditions under which a hcence may be issued, suspended or canceUed; (z.23) goveming the suspension or canceUation of certifi cates or permits issued under the Coal Mines Safety Act or the Quarries Regulation Act; (z.24) respecting maintenance of a registry of hcensed workers, mine owners and managers; (xv) by repealing clause (z.3) and substituting the foUowing: (z.3) providing for the appointment of qualifications boards to prescribe Ucensing requirements for workers at mines, quarries and work sites designated as hazardous work sites; (xvi) by repealing clause (z.5) and substituting the following: (z.5) prohibiting the employment of workers at mmes or quarries who are required to be hcensed unless those workers are Ucensed; (xvii) in clause (z.6) by striking out "coal"; (xviii) by adding the following after clause (z.6): (z.7) regulating the conduct, duties and responsibUities of workers, employers, managers and principal contractors at mines, quarries and work sites designated as hazardous work sites. (

b) by adding the following after subsection (1):

(1.1) Any regulation made under subsection (1) may be made to apply generaUy or to a particular work site, employer, prin-

Explanatory Notes

cipal contractor, suppUer or worker or a class of work sites, employers, principal contractors, suppUers or workers. 18

Section 32 is amended in subsection (1) by adding "or an ac ceptance issued under this Act" before "is"; 19 The following provisions are amended by striking out "the Di rector" wherever it occurs and substituting "a Director":

section l(a.2), (b), (c), (

d) and (k)(v);

section 3(2);

section 6(3);

section 10(1), (2), (3);

section 11(2);

section 13(3);

section 15;

section 17;

section 18(1), (2);

section 19(1), (3);

section 24(1), (3);

section 31(lXo), (2);

section 33. 20 The following provisions are ameruied by striking out "The Di rector" and substituting "A Director":

section 10(2), (3);

section 15;

section 31(2). 21 The Occupational Health and Safety Amendment Act, RSA 1980 c.l5(Supp.) is amended (

a) in

section 17 (

i) by striking out "coal"; (ii) by striking out "certified" wherever it occurs and substi tuting "hcensed"; (

b) in

section 26 (

i) in clause (

a) by striking out "section l(l)(

c) and (j)" and substituting "section l(l)(j)"; (ii) by repealing clause (d); (

c) by adding the following after

section 26: 26.1 The Coal Conservation Act is amended by striking out

section l(l)(

c) and substituting the following: 10

Section 32 presently reads in part: 32(1) A person who contravenes this Act or the regulations or fails to comply with an order made under this Act or the regulations is guilty of an offence and liable (

a) for a first offence,... etc 19 Consequential amendments. 20 Consequential amendments. 21 The Occupational Health and Safety Amendment Act presently reads in part: 17 The following is added afier

section 19: 19.1 A Director may require that a worker who is employed at a coal mine or quarry (

a) must be qualified or certified or undertake instruction, train ing or supervision as prescribed by the regulations, and (

b) shaU produce evidence that he is so qualified or certified or that he has undertaken the prescribed instruction, training or supervision. 26 The following provisions are ameruied by striking out "Coal Mines Safety Act" wherever U occurs and substituting "regulations under the Occupational Health arui Safety Act": (

a) the Coal Conservation Act.

section l(l)(

c) arui (j); (

b) the Electrical Protection Act.

section 11; 10 Explanatory Notes

(c) "certificate of competency" means a certificate granted under the Coal Mines Regulation Act or the Coal Mines Safety Act, or a Ucence under the Occupational Health and Safety Act, entitling the holder to perform the duties ofthe occupation or office in respect of which the certifi cate or Ucence is granted; 22 Sections 8 and 11 come into force on Proclamation. In accordance with

section 4(1) ofthe

Interpretation Act, this BiU, except sections 8 and 11, comes into force on the date it receives Royal Assent. 11

(

c) the Land Surface Conservation and Reclamation Act,

section l(j); (

d) the Land Surveyors Act,

section 52(2)(b). The Coal Conservation Act presently reads in part: 1(1) In this Act. (c) "certificate of competency" means a certificate granted uruier the Coal Mines Regulation Act or the Coal Mines Safety Act arui entitling the holder to perform the duties ofthe occupation or office in respect of which the certificate is granted; "1 "1 Explanatory Notes Title: 1983 (20th, 1st) Bill 51, Occupational Health and Safety Amendment Act, 1983

Document details

Collection	Alberta — Bills
Citation	L20 S1 3671
Type	bill
Volume / chapter	L20 S1 3671
Language	en
Format	json
Source	PROVINCIAL
Identifier	3efecdec8167b8314ff4578bc941cdb1d7c9b64b

Source file is stored in the law ingest library (json).