Second Session,

46th General Assembly

58 Elizabeth II,

BILL 7

AN ACT TO AMEND THE WORKPLACE

HEALTH, SAFETY AND COMPENSATION ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE SUSAN

SULLIVAN

Minister of Human

Resources, Labour and Employment

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Workplace Health, Safety and Compensation

Act to change the composition of the Board of Directors.

Clause 2 of the Bill would extend the

duties of the Commission to provide services to Workplace Health and Safety

Designates in line with the existing requirements of the Occupational Health and Safety Act .

Clause 3 of the Bill would align the

reporting requirements of the Workplace Health, Safety and Compensation Review

Division with the requirements of the Transparency

and Accountability Act.

Clauses 4 and 5 of the Bill would

remove unnecessary service requirements.

Clause 6 of the Bill would delete an

expired transitional provision respecting employer payments of excess

compensation.

Clause 7 of the Bill would revise the

commencement of an employer's 2 year re-employment obligation period from the

date of injury to the date of disability.

A BILL

AN ACT TO AMEND THE WORKPLACE HEALTH,

SAFETY AND COMPENSATION ACT

Analysis

S.4 Amdt.

Board of directors

S.20.2 Amdt.

Duties of commission

S.30 R&S

Report under Transparency and

Accountability Act

4. S.45 Amdt.

Where action allowed

5. S.53 Amdt.

Notice of accident

6. S.81.1 Amdt.

No amount in excess of compensation

S.89.1 Amdt.

Obligation to re-employ

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW-11 as

amended

1. Subsection 4(2) of the Workplace Health, Safety and Compensation Act is repealed and the

following substituted:

(2) The board of directors shall comprise

(a) 3 persons representative of employers, a

minimum of one whom shall be recommended to the Lieutenant-Governor in Council

by the Newfoundland and Labrador Employers' Council Inc.;

(b) 3 persons representative of workers, a minimum

of one whom shall be recommended to the Lieutenant-Governor in Council by the

Newfoundland and Labrador Federation of Labour;

(c) 3 persons representative of the general public,

one of whom represents injured workers; and

(

d) one person who shall be appointed as the

chairperson.

2. Paragraph

Section 20.2(

c) of the Act is

repealed and the following substituted:

(

c) provide services to occupational health and

safety committees, worker health and safety representatives and workplace

health and safety designates established or appointed under the Occupational Health and Safety Act ;

Section 30 of the Act is repealed and the

following substituted:

Report under Transparency and Accountability Act

30. An

annual report, as required by and in accordance with the requirements of the Transparency and Accountability Act , shall

be submitted by the review division in accordance with that Act.

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

the comma after the word "commission" where it first occurs and deleting

the words and comma "and where an action is commenced, he or she or they

shall immediately serve notice in writing of the action on the commission".

5. Subsection 53(4) of the Act is repealed.

6. Subsection 81.1(3) of the Act is repealed.

7. Paragraph 89.1(8)(

a) of the Act is amended by deleting

the words "date of injury" and substituting the words "date of

disability".

Earl G. Tucker, Queen's Printer