Second

Session, 50th General Assembly

Charles III, 2023

BILL 41

AN ACT TO AMEND THE

OCCUPATIONAL HEALTH AND SAFETY ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of

Digital Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Occupational Health and Safety Act to

modify worker thresholds with

respect to Occupational Health and Safety Committees;

add a definition of

"department" and replace references to the "Department of

Employment and Labour Relations" with "department";

replace all references to

"Trial Division" with the correct reference "Supreme Court";

update statutory references; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE OCCUPATIONAL HEALTH AND

SAFETY ACT

Analysis

S.2 Amdt.

Definitions

S.4 Amdt.

Employers' general duty

S.5 Amdt.

Specific duties of employers

S.5.1 R&S

Supervisors' general duty

S.5.2 R&S

Specific duties of supervisors

S.6 Amdt.

Workers' general duty

S.7 Amdt.

Specific duties of workers

S.8 R&S

Imminent danger

S.10 Amdt.

Duty of principal contractor

S.11 R&S

Duty of supplier

S.13 Amdt.

Chairperson

S.14 Amdt.

Members of council

S.19 Amdt.

Division continued

S.22 Amdt.

No personal liability

S.24 Amdt.

Transfers to division

S.26 Amdt.

Powers of investigation

S.26.2 Amdt.

Requirement to provide assistance

S.27 Amdt.

Stop work orders

S.31 Amdt.

Rescission of orders

S.33 Amdt.

Appeal to board

S.36 Amdt.

Codes of practice

S.36.1 Amdt.

Health and safety program

S.36.2 Amdt.

Health and safety policy

S.37 Amdt.

Committees

S.38.1 Amdt.

Committee training

S.39 Amdt.

Duties of committees

S.41 Amdt.

Worker representative

S.44 Amdt.

Duties of representative

S.45 Amdt.

Right to refuse to work

S.46 R&S

Report

to supervisor

S.47 R&S

Report to division

S.48 Amdt.

Duty of worker

S.49 Amdt.

Discriminatory action prohibited

S.50 Amdt.

Discrimination

S.51 Amdt.

Allegation of discrimination

S.52 Amdt.

Remedies

S.54 Amdt.

Reporting accidents

S.56 Amdt.

Attendance at accident scene

S.58 Amdt.

Medical examinations

S.59 Amdt.

When examination takes place

S.60 Amdt.

Duty of physician

S.62 R&S

Medical reports

S.63 Amdt.

Inquiries

S.65.1 Amdt.

Deviation from regulations

S.67 Amdt.

Offences

S.70 Amdt.

Limitation period

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL 1990 cO-3

as amended

(1) Section 2 of the Occupational Health and Safety Act is amended by adding immediately

after paragraph (

d) the following:

(d.1) "department" means the department

presided over by the minister;

(2) Paragraph 2(

f) of the Act is amended by

deleting the number "1" and substituting the word "one".

(3) Paragraph 2(

i) of the Act is amended by

deleting the words "he or she" and substituting the words "the medical

practitioner".

(4) Paragraph 2(

k) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

Section 4 of the Act is amended by deleting the

words "his or her" and substituting the words "the

employer's".

(1) Paragraph 5(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employer's".

(2) Paragraph 5(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employer's".

(3) Paragraphs 5(

c) and (

d) of the Act are repealed

and the following substituted:

(

c) shall ensure that the employer's workers and

supervisors are made familiar with health or safety hazards that may be met by

them in the workplace;

(

d) shall, where it is reasonably practicable, ensure

that the employer's undertaking is conducted in a manner that does not expose

other persons to health or safety hazards;

(4) Paragraph 5(

e) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employer's".

Section 5.1 of the Act is repealed and the

following substituted:

Supervisors'

general duty

5.1 A

supervisor shall ensure, where it is reasonably practicable, the health, safety

and welfare of all workers under the supervisor's direction and control.

Section 5.2 of the Act is repealed and the

following substituted:

Specific duties of

supervisors

5.2 A

supervisor shall

(

a) advise workers under the supervisor's

direction and control of the health and safety hazards that may be met by them

in the workplace;

(

b) provide proper written or oral instructions

regarding precautions to be taken for the protection of all workers under the

supervisor's direction and control; and

(

c) ensure that a worker under the supervisor's

direction and control uses or wears protective equipment, devices or other apparel

that this Act, the regulations or the worker's employer requires to be used or

worn.

Section 6 of the Act is amended by deleting the

words "his or her" and substituting the words "the

worker's".

Section 7 of the Act is amended by deleting the

words "his or her" wherever they appear and substituting the words

"the worker's".

Section 8 of the Act is repealed and the

following substituted:

Imminent danger

8. A

worker shall not

(

a) carry out work where there exists an imminent

danger to the health or safety of the worker, another worker or another person;

(

b) operate a tool, appliance or equipment that

will create an imminent danger to the health or safety of the worker, another

worker or another person.

Section 10 of the Act is amended by deleting

the words "for him or her to do so".

Section 11 of the Act is repealed and the

following substituted:

Duty of supplier

11. A

supplier shall ensure, where it is reasonably practicable, that tools,

appliances or equipment supplied by that supplier

(

a) are in safe operating condition; and

(

b) comply with the standards prescribed by the

regulations.

Section 13 of the Act is amended by deleting

the number "1" and substituting the word "one".

12. Subsection 14(3.1) of the Act is repealed and

the following substituted:

(3.1) A member whose term of office has expired

continues to be a member until reappointed or replaced.

13. Subsection 19(1) of the Act is amended by

deleting the words "Department of Employment and Labour Relations"

and substituting the word "department".

Section 22 of the Act is amended by deleting

the words "his or her" wherever they appear.

15. Subsection 24(3) of the Act is amended by

deleting the words " Public Service

Rearrangements and Transfers of Duties Act " and substituting the words

" Executive Council Act ".

16. Subsection 26(1) of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the words "the assistant deputy minister or officer".

Section 26.2 of the Act is amended by deleting

the words "his or her".

18. Subsection 27(3) of the Act is amended by

(

a) deleting the words "he or she"

wherever they appear and substituting the words "the worker"; and

(

b) deleting the words "him or her" and

substituting the words "the worker".

Section 31 of the Act is amended by deleting

the words "he or she is".

20. Subsection 33(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

assistant deputy minister's".

21. Subsection 36(1.1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

22. Subsection 36.1(1) of the Act is amended by

deleting the number "10" and substituting the number "20".

23. Subsection 36.2(1) of the Act is amended by

deleting the number "10" and substituting the number "20".

Section 37 of the Act is amended by deleting

the number "10" and substituting the number "20".

25. Subsection 38.1(2) of the Act is amended by

deleting the number "10" and substituting the number "20".

26. Paragraph 39(

f) of the Act is amended by

deleting the words "his or her".

27. Subsection 41(1) of the Act is amended by

deleting the number "10" and substituting the number "20".

28. Subsections 44(2) and (3) of the Act are

repealed and the following substituted:

(2) A worker health and safety representative or

the workplace health and safety designate, where the workplace health and

safety designate is not the employer, shall consult with the employer while

performing duties under subsection (1).

(3) Where the workplace health and safety

designate is the employer, the workplace health and safety designate shall

consult with the workers while performing duties under subsection (1).

29. (1) Subsections 45(1) and (2) of the Act are repealed

and the following substituted:

Right to refuse

to work

(1) A worker may refuse to do work that the worker has reasonable grounds to

believe is dangerous to the health or safety of the worker, another worker or

another person at the workplace

(

a) until remedial action has been taken by the

employer to the worker's satisfaction;

(

b) until the committee or worker health and

safety representative has investigated the matter and advised the worker to

return to work; or

(

c) until an officer has investigated the matter

and has advised the worker to return to work.

(2) Where a worker refuses to do work under

subsection (1), the employer may reassign the worker to other work that is

reasonably equivalent to work that is normally performed by the worker and the

worker shall accept the reassignment until the worker is able to return to work

under subsection (1).

(2) Subsection 45(3) of the Act is amended by

(

a) adding a comma after the reference

"subsection (2)";

(

b) deleting the words "him or her" and

substituting the words "the worker"; and

(

c) deleting the words "his or her" and

substituting the words "the worker's".

(3) Subsection 45(4) of the Act is amended by

(

a) adding a comma after the reference

"subsection (2)"; and

(

b) deleting the words "he or she" and substituting

the words "the worker".

Section 46 of the Act is repealed and the

following substituted:

Report to

supervisor

46. Where

a worker exercises the worker's right to refuse to work in accordance with

section 45, or where the worker believes that a tool, appliance or piece of

equipment, or an aspect of the workplace is or may be dangerous to the health

or safety of the worker, other workers or another person at the workplace, the

worker shall immediately report it to the worker's supervisor.

Section 47 of the Act is repealed and the

following substituted:

Report to

division

47. Where

a worker has made a report under

section 46 and the matter has not been

remedied to the worker's satisfaction, the worker shall report it, either in

writing or orally, to the division or an officer.

Section 48 of the Act is amended by deleting

the words "his or her" and substituting the word "the".

(1) Section 49 of the Act is amended by deleting

the words "him or her" wherever they appear and substituting the

words "the worker".

(2) Paragraph 49(

a) of the Act is amended by

deleting the word "workers" and substituting the word

"worker's".

(3) Paragraph 49(

c) of the Act is amended by

deleting the words "his or her" and substituting the word "the".

(4) Paragraph 49(

d) of the Act is repealed and the

following substituted:

(

d) because the worker has reasonably refused to

work in accordance with

section 45.

Section 50 of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the worker"; and

(

b) deleting the words "him or her" and

substituting the words "the worker".

Section 51 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the worker's".

36. (1) Paragraph 52(1)(

b) of the Act is amended by

deleting the words "his or her".

(2) Paragraph 52(1)(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

worker's".

(3) Subsection 52(2) of the Act is amended by

deleting the words "Trial Division" wherever they appear and

substituting the words "Supreme Court".

37. Subsection 54(3) of the Act is repealed and the

following substituted:

(3) In this

section and

section 55, "serious

injury" means

(

a) a fracture of the skull, spine, pelvis, femur,

humerus, fibula or tibia, or radius or ulna;

(

b) an amputation of a major part of a hand or

foot;

(

c) the loss of sight of an eye;

(

d) a serious internal haemorrhage;

(

e) a burn that requires medical attention;

(

f) an injury caused directly or indirectly by

explosives;

(

g) an asphyxiation or poisoning by gas resulting

in a partial or total loss of physical control; or

(

h) another injury likely to endanger life or

cause permanent injury,

but does not include injuries to a worker

of a nature that may be treated through first aid or medical treatment and the

worker is able to return to work either immediately after the treatment or at

the worker's next scheduled shift.

Section 56 of the Act is amended by deleting

the words "he or she" and substituting the words "the assistant

deputy minister or officer".

39. Paragraph 58(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

worker's".

40. Subsection 59(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

worker's".

(1) Section 60 of the Act is amended by

deleting the words "him or her" and substituting the words "the

physician".

(2) Paragraph 60(

b) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

Section 62 of the Act is repealed and the

following substituted:

Medical reports

(1) A medical practitioner who

(

a) attended a worker who became ill or was

injured while engaged in an occupation; or

(

b) performed a medical examination under

section

58,

shall, where requested, provide to a medical

practitioner whose services the minister has obtained under

section 20 the

medical reports of the worker required by that medical practitioner.

(2) Notwithstanding the Personal Health Information Act, the provincial health authority

shall, where requested by a medical practitioner whose services the minister

has obtained under

section 20, provide to that medical practitioner those

records prepared by the provincial health authority required by that medical

practitioner that relate to the medical treatment given to a worker who became

ill or was injured while engaged in an occupation.

43. (1) Subsection 63(1) of the Act is amended by

deleting the number "1" and substituting the word "one".

(2) Subsection 63(2) of the Act is amended by

deleting the words " Public Inquiries

Act " and substituting the words " Public Inquiries Act, 2006 ".

44. Subsection 65.1(3) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the minister's".

45. Subsection 67(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

46. Paragraph 70(

b) of the Act is amended by deleting

the words "Occupational Health and Safety Division" and substituting

the word "division".

Commencement

47. This Act comes into force on March 1, 2024.

King's Printer