Second Session,

46th General Assembly

58 Elizabeth II,

BILL 23

AN ACT TO AMEND THE OCCUPATIONAL

HEALTH

AND SAFETY ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE KEVIN

O'BRIEN

Minister of

Government Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Occupational Health and Safety Act to

provide a definition of "supervisor".

Clause 2 of the Bill would amend the

Act to establish the duties of supervisors.

Clause 3 of the Bill would repeal

section 61 of the Act respecting the registration of workers.

Clause 4 of the Bill would remove the

reference in

section 65 of the Act to the making of regulations respecting the

appointment of advisory committees on matters relating to the safe use of

electricity.

Clause 5 of the Bill would repeal the

regulations which provided for the establishment of the Electrical Advisory

Committee and the Fisheries Advisory Committee.

Clause 6 of the Bill is a

commencement clause.

A BILL

AN ACT TO AMEND THE OCCUPATIONAL HEALTH AND

SAFETY ACT

Analysis

1. S.2 Amdt.

Definitions

Ss.5.1 and 5.2 Added

5.1 Supervisors' general

duty

5.2 Specific duties of

supervisors

S.61 Rep .

Registration of workers

S.65 Amdt.

Regulations

CNLR 1164/96 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cO-3

as amended

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

after paragraph (

k) the following:

(k.1) "supervisor" means a person authorized

or designated by an employer to exercise direction and control over workers of

the employer;

2. The Act is amended by adding immediately after

section 5 the following:

Supervisors' general

duty

5.1 A

supervisor shall ensure, where it is reasonably

practicable, the health, safety and welfare of all workers under his or her

supervision.

Specific duties

of supervisors

5.2 A

supervisor shall

(

a) advise workers under

his or her supervision of the health or 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 his or her supervision; and

(

c) ensure that a worker

under his or her supervision 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 61 of the Act is repealed.

4. Paragraph 65(1 )(

w) of

the Act is amended by deleting the words "and the safe use of electricity".

CNLR 1164/96 Rep.

5. The Occupational Health and Safety Electrical

and Fisheries Advisory Committees Regulations , Consolidated Newfoundland

and Labrador Regulation 1164/96, is repealed.

Commencement

6. This Act comes into force on the day the Occupational Health and Safety Regulations,

2009 come into force.

Earl G. Tucker, Queen's Printer