Bill 39 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly of Alberta Bill 39 the Oc'Cupational Health and Safety Act (Legislature 18, Session 2)

L18 S2 5611

Alberta — Bills

1976 Bill 39 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 39 THE OC'CUPATIONAL HEALTH AND SAFETY ACT THE MINISTER OF LABOUR First Reading . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . Second Reading" . . . . . . . . . . . . . . . . . . . . . . '. . . . . . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 39 BILL 39 1976 THE O'CCUPATIONAL HEALTH AND SAFETY ACT (Assented to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) "Council" means the Occupational Health and Safety Council appointed under

section 4; (b) "Director of Medical Services" means a physician appointed under

section 3 as the Director of Medi cal Services; (c) "Director of Inspection" means a person appointed under

section 3 as the Director of Occupational Health and Safety Inspection; (d) "Director of Occupational Hygiene" means a per son a.ppointed under

section 3 as the Director of Occupational Hygiene; (e) "employer" means (

i) any person ,who employs, one or more workers, or (ii) a person who is self-employed in an occupation; (f) "Minister" means the m'ember of the Executive Council who is charged with the administrati?n of this Act by the Lieutenant Governor in CouncIl; (g) "occupation" includes any employment, b~siness, calling or pursuit designated by the regulatIons as an occupation; (h) "occupational diseas'e" means a disease or ill he~lth arising out of and directly related to an occupatIon; (i) "officer" means a person appointed under ~ection 3 as an Occupational Health and Safety OffIcer; (j) "principal contractor" means the person, p,artner ship or group of persons primarily responsIble for the carrying out of a project and in,cludes the pehr son, partnership or group of persons who ?wn t e thing in respect of which the project is bemg car ried out;

Explanatory Notes

(k) "project" means (

i) the construction, demolition, repair, alteration or removal of a structure, building, complex street, road or highway, pipeline, sewage SYS~ tern or electrical, telecommunication or trans mission line, or (ii) the digging of, working in or filling of a trench or excavation, or (iii) the installation, modification, repair or re moval of any equipment, machinery or plant, or (iv) the operation of a manufacturing, industrial or other process, or (

v) any work designated by the Director of Inspection as a proj ect ; (1) "supplier" means any person who rents, leases, erects or installs any tools, appliances or equipment to be used by a worker in respect of any occupa tion, proj ect or work site, (m) "worker" means any person engaged in an occupa tion; (n) "work site" means any location where a worker is engaged in any occupation and includes any ve hicle or mobile equipment used by a worker in an occupation. 2.

(1) Every employer shall ensure, as far as it is re'asonably practicable for him to do so, the health and safety of (

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

b) those workers not engaged in the work of that em ployer 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 and 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) other workers engaged in the work of the em ployer, and (ii) other workers not engaged in the work of t~at employer but present at the work site at whIch that work is being carried out.

(3) Every supplier shall ensure as far as it is reason ably p~acticable for him to do so, 'that any tool, appliance or eqUIpment that he supplies (

a) is in safe operating condition, and 2

2. Obligations of employers, workers, suppliers and principal contractors. 2

(

b) complies with the standards, if any, prescribed or adopted by the regulations.

(4) Every principal contractor engaged in a project shall ensure, as far as it is reasonably practicable for him to do so, that every employer and every worker performing work in respect of that project complies with this Act and the regulations. 3.

(1) In accordance \vith The Public Service Act, there may be appointed a Director of Occupational Health and Safety Inspection, a Director of l\fcdical Services, a Director of Occupational Hygiene, Occupational Health and Safety Officers and such other employees as may be necessary for the administration of this Act.

(2) The Minister may, in writing, designate (

a) allY employee of the Government as a person who may exercise all or part of the duties and responsi bilities of the Dh'ector of Inspection, the Director of Occupational Hygiene or an officer, or (

b) any physician employed by the Government as a person who may exercise all or part of the duties and responsibilities of the Director of l\fcdical Services. 4.

(1) There shall be a council called the "Occupational Health and Safety Council" which shall consist of not nlore than 12 persons appointed by the Lieutenant Governor in Council.

(2) The Minister may designate one of the members of the Council as chairman and one or more of the members of the Council as vice-chairmen.

(8) The members of the Council shall be appointed for terms not exceeding three years.

(4) Upon the expiration of his term of office a member of the Council may be reappointed.

(5) The members of the Council shall be paid (

a) such remuneration as the Lieutenant Governor in Council may prescribe, and (

b) their reasonable travelling and Jiving expenses while absent from their ordinary places of resi dence and in the course of their duties as members of the Council. 5. The Council shall (

a) advise the Minister on matters concerning this Act and the regulations and on matters concern ing the health and safety of workers: 3

3. Staff. 4. Occupational H~alth and Safety Council. s. Duties of the Council. 3

(

b) hear appeals in accordance with this Act; (

c) perform any duties and functions assigned to it by the Minister with respect to the administration of this Act and the regulations. 6.

(1) For the purpose of ensuring compliance with the provisions of this Act or the regulations or of any order made under this Act or the regulations, the Director of Inspection or an officer may (

a) at any reasonable hour enter into or upon any work site and inspect that work site; (

b) require the production of any records, bODks, plans or other documents which relate to the health or safety of workers and may examine them, make cDpies of them or remove them temporarily for the purposes of making copies; (

c) inspect and take samples of any material, product, to'Ol, appliance or equipment being prDduced, used or found in or upon the wDrk site which is being inspected; (

d) make tests and take photographs or rec'Ordings in respect of any w'Ork site. (2.) Where the Director of InspectiDn or an 'Officer (

a) removes any records, books, plans or 'Other docu ments under subsection (1), claus·e (b), he shall (

i) give to the person frDm whDm those items were taken a receipt for those items, and (ii) f'Orthwith make copies of, take photDgraphs 'Of or otherwise record those items and forth with return those items to the person to whom the receipt was given, Dr (

b) takes samples 'Of any material, prDduct, tDol, appli ance 'Or equipment under subsectiDn (1), clause (c), he shall (

i) give t'O the perSDn frDm whDm thDse items were taken a receipt fDr thDse items, and (ii) up 'On that persDn's request, return those items tD that perSDn when those items have served the purpDses fDr which they were taken.

(3) Where a perSDn refuses to allow the Director of Ins~ectiDn Dr an officer tD exercise any P'Owers under sub s~tlOn (1) or interferes 'Or attempts to interfere with th,e DIrect'Or 'Or 'Officer in the exercise 'Of thDse powers, the Dl !ectDr 1!lay apply t'O the District CDurt by way of 'Originat Ing ~lOtIce f'Or an 'Order restraining that person from pre ventIng or interfering in any manner with the Director Qr officer in the exercise of thDse powers. 4

6. Inspection. 4

(1) Where the Director of Inspection or an officer is of the 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 Director or the officer may in writing order the person re sponsible for the work being carried out (

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

b) to take measures as specifi'ed in the order that are, in the opinion 'Of the Director or the officer, neces sary to ensure that the work will be carried out in a healthy and safe manner, or either of them, within the time limits specified in the order.

(2) Where the Director of Inspection is of the opinion that any of the provisions of 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 that provision to take measures as specified in the order that are, in the opinion of the Director, necessary to ensure that the provisions of the Act or the regulations will be complied with, within the time limits specified in the order. 8.

(1) Where the Director of Inspection or an officer is of the opinion that a danger to the health or safety of a worker exists in respect 'Of that worker's employment, the Director or the officer may at any time enter into or upon any work sit'e and do any or all of the following: (

a) order the work or any part thereof that is taking place to be stopped forthwith; (

b) order any worker or other person present to leave the work site forthwith; (

c) in writing order the principal contractor or the employer t'O take measures specified by the Director or the officer, as the case may be, which he con siders necessary for the purpose of removing the source of the danger or to protect any person from the danger.

(2) No person shall interfere with the Director of In spection or an officer in the exercise of his duties under this section. .

(3) Where requested to do so by the Director of Inspec bOI} or an Occupational Health and Safety Officer, a peace offIcer shall assist the Director or the Occupational Heal~h and. Safety Off~cer, as the case may be, in carrying out hIS dutIes under thIS section. 5

7. Order of the Director of Inspection. 8. Danger to persons on a work site. 5

9. (1) \Vhere the Director of Inspection or an officer is of the opinion that any tool, appliance or equipment being used by a worker (

a) is not in safe operating condition, or (

b) does not comply \vith the standards prescribed or adopted by the regulations, the Director or officer, as the case may be, may in writing order the worker to stop using that tool, appliance or equip. mente (2) \Vhere the Director of Inspection or an officer is of the opinion that a supplier is supplying any tool, appliance 01" equipment that (

a) is not in safe operating condition, or (

b) does not comply with the standards prescribed or adopted by the regulations, the Director or officer, as the case may be, may in ,vriting order that supplier to stop supplying that tool, appliance or equipment for use by any worker.

(3) Where the Director of Inspection or an officer makes an order under this section, he may rescind that order upon being satisfied that the tool, appliance or equipment in respect of which the order was made (

a) has been repaired or modified so that it is in safe operating condition, or (

b) has been made to comply with the standards pre scribed or adopted by the regulations, as the case may be. 10. (1) \Vher«: a person has commenced or is about to commence a project and the Director of Inspection i~ of the opinion that the health and safety of any worker who is or will hp. present at the project is not being 01' will not be protected. the Director may in writing' order that person to stop that project or to refrain from commencing that project, as the case may be.

(2) The Director of Inspection shan not rescind an order made under subsection (1) until he is satisfied that the person to ,,-hom the ord~r was made has tak~n such measures as, in the opinion of the Director, will protect the health and safety of the workers concerned.

(3) The Director of Inspection may require an~' person who has commenced or is about to commence a project to furnish to the Director, within the time specified by the Director, such plans, dra,vings and specifications as are reasonably necessary for determining 'whether the health and safety of the ,vorkers concerned is being or will be protected. 6

Prohibiting the use of unsafe tools, appliances or equipment. O. Protection of workers engaged on a project. 6

(1) Any person to whom an order is issued under

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

(2) An appeal under subsection (1) shall be commenced by serving a notice of the appeal upon the Director of In spection within 30 days from the date that the order being appealed from was served upon the person making the appeal.

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

(4) Where an appeal is made to the Council under sub. section (1), the Council shall hear the appeal and render a decision as soon as practicable.

(5) An appeal lies to the Supreme Court of Alberta from an order of the Council upon a question of law or a question of jurisdiction and upon hearing the matter the Court may make such order, including the a warding of costs, as the Court considers proper.

(6) An appeal under subsection (5) shall be made by way of originating notice within 30 days from the date that the order of the Council is s'erved upon the person appealing the order of the Council.

(7) Where an appeal is commenced under subsection (1), the commencement of that appeal does not operate as a stay of the order being appealed from except insofar as the chairman or a vice-chairman of the Council so directs.

(8) Where an appeal is commenced under subsection (5), the commencement of that appeal does not operate as a stay of the order of the Council being appealed from exC'ept insofar as a judge of the Supreme Court so directs. 12.

(1) Where the Council hears appeals under s'ection 11, it may, at the direction 'Of the chairman, sit in one or mDre divisiDns and the divisiDns may sit simu1taneously or at different times.

(2) FDr the purpDse 'Of hearing appeals under

section 11, three members cDnstitute a quorum 'Of the Council or of a division 'Of the CDuncil.

(3) A divisiDn of the CDuncil may exercise and perfo~m all the jurisdiction, pDwers and duties 'Of the Council WIth respect tD the hearing 'Of appeals under

section 11 and an order of a division is an order 'Of the Council and binds all members 'Of the Council.

(4) The chairman may designate a member of a division of ~he Council. tD preside at any sitting of a division al WhICh the chaIrman is nDt present. 7

11. Appeals. 12. Hearing of . appeals by the Council. 7

(5) Where the Council or a division of the Council is hearing an appeal and one or more members of the Council or division, as the case may be, do not for any reason at tend on any day or part of a day, the remaining members present may, if they constitute a quorum under this

section exercise and perform all the jurisdiction, powers and dutie~ of the Council with respect to that hearing.

(6) A decision of a majority of the members of the Council 'Or a division of the Council present and constitut ing a quorum is the decision of the Council or of the divis ion and in the event that there is a tie vote the chairman or the presiding member, as the case may be, may cast a sec ond vote.

(7) The Council may establish rules of procedure respect ing the hearing of appeals before it or before a division. 13. ( 1 ) Every employer shall immediately notify the Director of Inspection of any accident that took place at or upon that employer's work site which (

a) resulted in s'erious inj ury to Dr the death of a person, or (

b) had reasonable potential of causing serious injury to or the death of a person.

(2) Every principal contractor engaged in a project shall immediately notify the Director of Inspection of any acci dent that occurred in respect of that project which (

a) resulted in serious injury to or the death of a per son, or (

b) had reasonable potential of causing s'erious injury to or the death of a person.

(3) Except as otherwise directed by the Director of Inspection, an Occupational Health and Safety Officer or a peace officer, a person shall not disturb the scene of an accident reported under subsection (1) or (2) except inso far as is necessary in (

a) attending to persons inj ured or killed, (

b) preventing further injuries, and (

c) protecting property which is endangered as a result of the accident. 14.

(1) The Director of Inspection or an officer may, where practicable, attend upon the scene of an accident reported under

section 13 and make such enquiries as are necessary to determine the cause of the accident and the circumstances relating to the accident.

(2) Every person present at an accident when it occurred or who has information relating to the accident shall, ~pon the :t;'equest of the Director of Inspection or an offI~er, prOVIde to the Director or the officer such informatIOn respecting the accident as the Director or officer requestS. 8

13. Accidents. 14. Investigations of accidents. 8

(3) The Director of Inspection or an offiC'er may, for the purpose of determining the cause of the accident, take samples of any substance, material, product, tool, appliance or equipment that was pres'ent at, involved in or related to the accident.

(4) Any statement given under this

section is not admis sible in evidence for any purpose in a trial, coroner's inquest or other proc'eeding arising out of the accident except to prove (

a) non-compliance with this section, or (

b) a contravention of subsection (6).

(5) Subject to subsection (4), nothing in this

section precludes the Director of Inspection or an officer from aUending at a trial, coroner's inquest or other proceeding and testifying in respect of any information obtained or samples taken under this section.

(6) Any person who knowingly makes any false state ment or knowingly gives false information with respect to any inquiries or investigations under this

section is guilty of an offence and liable on

summary conviction to a fine of not more than $500 or to imprisonment for a term not exceeding six months or to both fine and imprisonment. 1.5. The Director of Medical Services may, for the pur poses of determining (

a) the extent of any inj ury suffered by a worker injured in an accident that occurred in respect of that worker's occupation, or (

b) whether a worker is suffering from an occupational disease which is related to that worker's occupation, require that worker to be m'edically examined by the Direc tor of Medical Services or other physician authorized by that Director to carry out that medical examination. 1.6.

(1) A m'edical examination carried out under

section 15 shall, where practicable, be performed during the hours of employment of the worker being examined.

(2) Where a worker is examined under

section 15 and the time spent by that worker in being examined, going to or returning from that examination occurs during the hours of employment of that worker, the employer of that worker shall not deduct from that worker any wages, salary or other remuneration or benefits which that worker would have received for working during the time spoent in being examined, going to or returning from that examination. 1. 7. Where a physician, in the course of his practice as a physician, finds that a person examined by him is affected with or is suffering from an occupational disease desig~a· ted by the regulations as an occupational disease to WhICh 9

15. Medical examinations. 16. Time at which medical examinations may be carried out. 17. Requirement on physician to notify the Director of Medical Services of findings of occupational diseases. 9

this

section applies, the physician shall, within seven days of the diagnosis of that disease, notify the Director of Medical Services in writing of the name, address and plaC'e of employment of that person and the name of the designa ted occupational disease. 18. Where (

a) it comes to the attention of the Director of Medical Services that a physician attended a worker who became ill or was injured while engaged in an occupation, or (

b) a physician has performed a medical examination under s'ection 15 or 19, that physician shall, upon the request of the Director, fur nish to the Director such medical reports as that Director may require. 19.

(1) Where a worker (

a) is engaged in an occupation designated by the reg ulations as a hazardous occupation for the purposes of this section, or (

b) works at a work site or class of work site desig nated by the regulations as a hazardous work site for the purposes of this section, the employer of that worker shall, within 10 days of the commencem'ent of that worker's employment, register with the Director of Medical Services the name of that worker and the location of the work site where that worker is engaged in his occupation.

(2) Where a person is registered under subsection (1), the Director of Medical Services may (

a) require that person to have regular medical exami nations, (

b) prescribe the type and frequency of the medical examinations, (

c) prescribe the form and content of medical records to be compiled with respect to that person, and (

d) prescribe the period of time that those medical records must be maintained.

(3) Where a person registered under subs'ection (1) terminates his employment with his employer, the employer shall notify the Director of Medical Services of that ter mination within 30 days of that termination. 20. The Director of Occupational Hygiene may, by writ ten order, (

a) require a principal contractor or an employer to inspect regularly any work site under the control of that principle contractor or employer for health hazards, and (

b) prescribe the manner, methods and procedures or any of them to be used for carrying out those inspections. 10

18. Medical reports from physicians. 19. Hazardous occupations and work sites. 20. Regular inspection of work sites by principal contractors or employers. 10

21. The Minister may enter into an agreement with any person or government for the purpose of (

a) carrying out research respecting the health and safety of workers; (

b) establishing and operating training programs re specting the health and safety of workers; (

c) establishing and operating programs to train per sons in first aid and emergency medical services; (d) 'establishing and operating educational programs respecting the health and safety of workers. 22.

(1) The Minister may engage the services of experts or persons having special technical or other knowledge to advise him or to inquire into and report to him on matters respecting the health and safety of workers.

(2) A person whose services are engaged under sub~ section (1) shall (

a) be paid such remuneration as the Minister pre scribes, and (

b) be paid his reasonable travelling and living expenses while absent from his ordinary place of residence and in the course of providing his services to the Minister. 23. The Minister may enter into agreements with the Workers' Compensation Board governing the exchange between the Minister and the Workers' Compensation Board of (

a) any information or reports respecting (

i) any accident or inj uries that occur at a work site, or (ii) any occupational disease, (

b) any statistical information respecting (

i) accidents or injuries occurring at work sites, (ii) occupational diseases, and (iii) assess~ments made by the Board under The Workers' Compensation Act and the cost of claims made under that Act, and (

c) information respecting the measures taken by a principal contractor or employer to protect the health and safety of workers. 24.

(1) Where any designated substance is used, stored or manufactured at or on a work site, the person respond sible for that work site shall compile, in a manner. an form approved by the Director of Occupational HYgIe~e, written information in respect of that substance WhICh shall include 11

21. Agreements respecting the operation of research and educa ional programs. 22. Consultants. 23. Exchange of information between the Minister and the Workers' Compensation Board. 24. Written information on substances used, stored or manufac tured on a work site. 11

(

a) the c'Omm'On name and chemical name 'Of that sub stance, (

b) the chemical c'Omp'Ositi'On and the physical and chemical pr'Operties 'Of that substance, (

c) the t'Oxic'OI'Ogical inf'Ormati'On respecting that sub stance, (

d) the effect 'Of eXP'Osure 'Or c'Ontact 'On humans of that substance, (

e) the pr'Otective measures used in respect of that sub stance, (

f) the meth'Ods 'Of disP'Osal 'Of that substance, and (

g) such other informati'On as the Direct'Or prescribes.

(2) Where a pers'On c'Ompiles written inf'Ormation under subsecti'On (1), he shall maintain that inf'Ormati'On on the w'Ork site in a I'Ocati'On which is readily accessible to the w'Orkers and t'O 'Other pers'Ons who are at that work site.

(3) Where a pers'On c'Ompiles written information under subsection (1), that person shall, upon the request of the Director of Occupational Hygiene, furnish the Director with copies of that written information.

(4) In this

section "designated substance" means a sub stance designated by the regulations as a substance to which this

section applies. 25.

(1) The Minister may, by 'Order require that there be established at any w'Ork site a joint w'Ork site health and safety committee which shall (

a) identify situations which may be unhealthy or unsafe in respect 'Of the w'Ork site, (

b) make rec'Ommendations t'O principal contractors, empl'Oyers and workers f'Or the impr'Ovement of the health and safety 'Of w'Orkers at or upon the work site, (

c) establish and maintain educati'Onal programs re garding the health and safety 'Of workers at or upon the work site, and (

d) carry 'Out those duties and functions prescribed by the regulations.

(2) A joint work site health and safety committee shall c'Onsist of workers wh'O represent the w'Orkers employed at the w'Ork site and 'Of 'One 'Or m'Ore pers'Ons wh'O represent the principal contractor 'Or the employer responsible for the work site.

(3) The number of persons representing the principal contractor or employer on a j'Oint w'Ork site health and safety committee shall n'Ot exceed the number of workers repres'enting the w'Orkers 'On that c'Ommittee. 12

25. Joint work site health and safety committees. 12

(4) Where a joint work site health and safety committee is established, the employer shall post the names of the members of that committee in a location readily accessible to the workers at that work site.

(5) A joint work site health and safety committee shall hold its meetings and carry out its duties and functions during normal working hours.

(6) No disciplinary action shall be taken against a mem ber of a joint work site health and saf'ety committee by reason of that member performing duties and functions as a member of that committee.

(7) The Lieutenant Governor in Council may make regu lations prescribing (

a) the number of persons that may be appointed as members of a joint work site health and safety com mittee and their terms of office; (

b) the method of el'ecting or appointing persons to a joint work site health and safety committee and the method of appointing a chairman or co-chairmen of a committee; (

c) the frequency of meetings of a joint work site health and safety committee; (

d) the duties and functions to be performed by a joint work site health and safety committee. 26.

(1) The Director 'Of Inspecti'On 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) The Director of Inspection may from time to time require that the code of practice be revised. 27.

(1) No worker shall (

a) carry out any work where there exists an immin ent danger to the health or safety of that worker, or (

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

c) operate any tool, appliance or equipment that will ca use 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 rela tion to any occupation

26. Code of· practice. 27. Imminent danger. 13

(

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

b) a danger under which a person engaged in tb occupation would not normally carry out his work~ 28. No person shall dismiss or take any other disciplin ~ry ~ction ag~inst a 'Yorker. by reason of that worker ac; Ing In complIance WIth thIS Act, the regulations or an' order given under this Act. 29.

(1) The Minister may, where he considers it in the public interest to do so, by order appoint a board of inquiry of one or more persons to inquire into (

a) any matter concerning the health or safety of work'ers employed (

i) at a particular work site or at several work sites, or (ii) by a particular employer or by a group of em· ployers, or (iii) in an industry, or (

b) the circumstances surrounding and the causes of an accident.

(2) A person appointed to a board of inquiry under this

section has all the powers of a commissioner appointed under The Public Inquiries Act. 30.

(1) The cost of administering this Act shall be paid from moneys appropriated by the Legislature for the purpose.

(2) For the purpose of defraying part of the costs of administering this Act, the Minister may, in accordance with the regulations, make assessments upon employers,

(3) The Lieutenant Governor in Council may make regu· lations (

a) authorizing assessments to be made against em· ployers; (

b) prescribing the amounts that may be assessed against employers; (

c) prescribing the manner in which the assessments may be made.

(4) The Minister may enter into agreements with ThtE Workers' Compensation Board allowing that Board c collect on behalf of the Crown in right of Alberta assess ments made under this section. 14

(1) The Lieutenant Governor in Council may make regulations 1. designating any employment, business, caning or pursuit or any class thereof as an occupation; 2. prescribing health and safety standards to be main tained at a work site or at different classes of work sites; 3. prescribing standards for tools, appliances or equip ment; 4. adopting, in whole or in part, any code of stand ards respecting any tools, appliances or equipment; 5. governing the regular inspection of ,york sites by the principle contractor or employer for health hazards; 6. governing the provision of potable water supplies at work sites; 7. governing washing and sanitary facilities at work sites; 8. governing facilities provided as eating nreas or lunchrooms at work sites; 9. requiring medical facilities or first aid facilities to be located at ,york sites; . 10. governing medical or first aid facilities located at work sites; 11. governing occupational health services to be pro vided at work sites; 12. governing the requirements to be met by persons (

i) providing medical or first aid at work sites, and (ii) providing occupational health services at work sites; 13. governing the establishment and operation of courses to train persons in providing first aid and emergency medical services; 14. designating a disease as an occupational disease to \vhich

section 17 applies: 15. designating an occupation as a hazardous occupa tion for the purposes of

section 19; 16. designating a work site or any class of work site as a hazardous work site for the purposes of

section 19; 17. designating substances as substances to ,vhieh sec tion 24 appUes; 18. prescribing the nature and frequency of medical examinations of workers or any classes of workers; 15

31. Regulations. 15

19. prescribing the form and content or either of them for a code of practice or classes of codes of practice established under

section 26; 20. prescribing the forms or documents that must be completed by any person reporting any matter under this Act or the regulations and the method of forwarding those forms or documents to the Director of Inspection, the Director of Medical Services, the Director of Occupational Hygiene or an officer, as the case may be; 21. prohibiting any person who does not have the quali fications approved by the Director of Medical Ser vices from undertaking biochemical or physiologic al examinations of workers; 22. prohibiting any person who does not have the qual ifications approved by the Director of Occupational Hygiene from undertaking physical or chemical examinations of work sites; 28. designating for the purpose of the regulations any substance or material as a hazardous substance or material: 24. governing the examination, testing and labelling, or any of them, of materials or subst.ances designated as being a hazardous substance or material; 25. governing the instruction, training or supervision of persons (

i) engaged in occupations designated as hazard ous occupations, or (ii) ,vorking on or upon work sites designated as hazardous work sites; 26. governing the method and nlanner of posting health and safety notices issued by the Director of Inspection and prohibiting the removal of those notices except in accordance with the regUlations: 27. prescribing fees to be paid by the Government to physicians for services performed under this Act; 28. governing the supply, transportation, use, storage and disposal, or any of them, of a material or sub stance designated as a hazardous substance or material; 29. prohibiting any person other than those licensed by the Director from transporting, using, storing or disposing of a material or substance that is desig nated as a hazardous Sll bstance or material; 30. prescribing records, documents, plans, designs and reports that must be maintained by employers: 16

31. requiring the preservation of records, documents, plans, designs and reports that must be maintained by employers.

(2) The Director of Inspection may designate any work as a proj ect. 32.

(1) Any person who contravenes any provision of this Act or the regulations or fails to comply with an order made under this Act or the regulations is guilty of an of fence and liable on

summary conviction (

a) for a first offence, (

i) to a fine of not more than $5,000 and in the case of a continuing offence, to a further fine of not more than $1,000 for each day during which the offence continues after the first day or part thereof, or (ii) imprisonment for a term not exceeding six months, or to both fines and imprisonment, and (

b) for a second or subsequent offence, (

i) to a fine of not more than $10,000 and in the case of a continuing offence, to a further fine of not more than $2,000 for each day or part thereof during which the offence continues after the first day, or (ii) to imprisonment for a term not exceeding 12 months, . or to both fines and imprisonment.

(2) Notwithstanding subsection (1), any person whOt fails to comply with an order made under

section 8 or as varied under

section 11 is guilty of an offence and liable on

summary conviction to a fine of not more than $15,000 or imprisonment for a term not exceeding 12 months or to both fine and imprisonnlent.

(3) A prosecution shall not be commenced under this Act without the consent of the Attorney Genel"al. 33. 'Vhere (

a) an order has been made under this Act or the regu lations by the Director of Inspection, the Director of l\fedical Services, the Director of Occupational Hygiene, an officer or the Council, and (

b) the person to whom that order has been made is carrying on the work "'ithout complying with that order, the Director of Inspection may, notwithstanding that the person to whorn the order was made mayor may not have 17

Application to the District Court. 17

been prosecuted under this Act fOI" not complying with that order, apply by way of originating notice to the District Court for an order of the Court requiring that person to comply with the order made by the Director of Inspection, the Director of Medical Services, the Director of Occupa tional Hygiene, an officer or the Council, as the case may be. 34. Where an application is made under

section 6, sub section (3) or

section 33 or 35, the Court may make such award as to costs as it considers proper. 35.

(1) Where an order is made in writing under this Act or the regulations, that order shall be served (

a) by personal service upon the person to whom it is made, or (

b) by double registered mail if the post office receipt for the envelope containing the order is signed by the person to whom the order is made, or (

c) as directed by the District Court upon an applica tion made by way of originating notice.

(2) An application under subsection (1), clause (

c) may be made ex parte where the Court considers it proper to do so. (3) 'Vhere an order is made verbally under

section 8, subsection (1), clause (

a) or (b), that order shall be deemed to have been served upon the person to whom it is made at the time that the verbal order is made to that per son. 36. The Crown is bound by the provisions of this Act. 37. The Departntent of Labour Act is a·m.ended by st1'i~ ing out s€.ctiolls 5.1 and 5.~. 38. Tile Alberta Health Care Insurance Act is a.mended a.s to

section 25 by striking out subsection. (1.1) a.nd by sub .~tituting therefor tile following:

(1.1) A member of the Commission or an employee of the Commission authorized by a member may disclose or com nlunicate information pertaining to the date on which basic health services ,vere provided and a description of t.hose services, the name and address of the person who provided the service, the benefits paid by the Commission for that service and the person to \vhom they were paid, the name and address of the person to whom the scrviceR were pro vided and any other information pertaining to the nature 18

S4. Costs. 3S. Service of orders. al. Act applies to the Crown. 37. Amends

chapter 35 of the Statutes of Alberta, 1972. 38. Amends

section 25 of

chapter 166 of the Revised Statutes of Alberta 1970 to permit the Director of Medical Services to obtain infonnation from The Alberta Health Care Insurance Commission. 18

of the basic health services provided, to the Provincial Can. cer Hospitals Board, The 'Vorkers' Compensation Board, the Alberta Hospital Services Commission, or the Division of Social Hygiene of the Department of Social Services and Community Health or the Director of l\ledical Service8 appointed under The Occupational Health and Safety Act, if (

a) a member or officers of the Board or Commission, or an officer of the Division, or the Director of Medical Services, as the case may be, makes a writ ten request therefor, and (

b) the information required is necessary and relevant to a matter being dealt with by the Board, Division or Director of Medical Services. 39. Tile Hospital Services Commi8sion Act t8 amended as to

section ~6, subsection (2) by adding after cla'll8e (

b) the follo1oing: (b.

l) to the Director of Medical Services appointed under The Occupational Health and Safef:y Act, or 40. Tile Alberta Hospita18 Act is a'me~lded (

a) as to se.ction 95, 8ubsection (5) by. strilcing out the wcwd "and" at the end of clause (

a) and bV adding after clause (

a) the follo1oing: (a.1) without written consent of the patient, divulge any diagnosis, record or information relating to the patient to the Director of ~fedical Ser vices appointed under The Occupational Health and Safety Act ,vhere that information relates to an accident which took place at that patient's place of ,york or a disease which is related to that patient's employment, and and (

b) as to

section 95, subsection (5.1), cla.u8e (

a) by adding after 8ubclause (;) the followin.g: (i.1) the Director of Medical Services ap pointed under The OccupaUona.l H e.alth, and Safety A ct, or 41. The Alberta Labour Act, 1973 i8 a'mended as to sec tion 167 by striking out 81lbsections (1) and (I). 42. The ""·o)-kers' Com.pe1l8ation Act i8 amended (0,) by adding alter sectlon 19 the follo1lJing: 19.1 Any book or other record required to he made under The Occupational Hea.lt1l, and Safety 19

39. Amends

section 26 of

chapter 45 of the Statutes or Alberta. 1971 to permit the Director of Medical Services to obtain informa tion from The Alberta Hospital Services Commission. 40. Amends

section 3~ of

chapter 174 of the Revised Statutes of Alberta 19'10 to permit the Director of Medical Services to obtain information from hospital boards, physicians and The Alberta Hos pital Services Commission. 41. Amends

section 167 of

chapter 33 of the Statutes of Alberta. 1973. 42. Amends

chapter 87 of the Statutes of Alberta. 1973. 19

Act or the regulations thereunder to record all cases in which first aid treatment has been given to a worker for or in respect of any injuries suffered by the worker, shall be open at any and all times to inspection by the Board or any member or repre sentative thereof or by an injured worker con cerned or his representative. (

b) by striking out

section 58, (

c) by adding after

section 62 the following: 62.1

(1) Where an accident causing injury or death to a worker in respect of which compensation is payable has occurred and where, in the opinion of the Board, the injury or death was due entirely or mainly to the failure of an employer to comply with provisions of The Occupational Health and Safety Act or of the regulations or of an order made thereunder, the Board may levy and conect from the employer as a contribution to the Accident Fund, a sum of money not exceeding one-half of the costs of the claim in resp'ect of the inj ury or death as set out in

section 60, and the payment of that sum may be enforced in the same manner as the payment of an assessment may be enforced.

(2) In the case of the death of a worker the costs of the claim within the meaning of subsection (1), shall be deem'ed to be the average amount appor tioned to the accident as directed by the provisions of

section 41. (

d) by adding after

section 63 the following: 63.1 Upon an agreement being made by the Board, under

section 30 of The Occupational Health and Safety Act the Board has the power to include in its assessment upon employers an amount equal to the assessments made under The Occupational Health and Safety Act and to pay those amounts to the Provincial Treasurer for deposit in the General Revenue Fund. (

e) as to

section 64, subsection (17), clause (

b) by striking out the words "the Act or regulations" and by SUbstituting therefor the words "The. Occupa tional Health and Safety Act or regulations there under", (

f) as to

section 84, by striking out clause (i), (

g) by striking out

Part 10. 43. This Act comes into force on a date or dates to be fixed by Proclamation. 20 Title: 1976 (18th, 2nd) Bill 39, The Occupational Health and Safety Act

Document details

Collection	Alberta — Bills
Citation	L18 S2 5611
Type	bill
Volume / chapter	L18 S2 5611
Language	en
Format	json
Source	PROVINCIAL
Identifier	925386475e17fb476e7d993a1af527eced1f33f2

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