First

Session, 45th General Assembly

Elizabeth II, 2004

BILL 64

AN ACT TO AMEND THE

OCCUPATIONAL

HEALTH AND SAFETY ACT

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DIANNE WHALEN

Minister

of Government Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The Bill would amend the Occupational Health and Safety Act to

allow the appointment of a workplace health and safety designate to monitor the

health, safety and welfare of workers if a workplace employs fewer than 6

workers. The workplace health and safety

designate can be management or the owner/operator. Currently, the Act requires the designation of

a worker health and safety representative not connected with management if a

workplace employs fewer than 10 workers.

A BILL

AN ACT TO AMEND THE OCCUPATIONAL HEALTH AND

SAFETY ACT

Analysis

S.5 Amdt.

Specific duties of employers

S.7 Amdt.

Specific duties of workers

S.32 Amdt.

Appeal from order

S.33 Amdt.

Appeal to board

S.35 R&S

Copy of order

S.36.1 Amdt.

Health and safety program

S.36.2 Amdt.

Health and safety policy

Ss.42.1 & 42.2 Added

42.1 Workplace designate

42.2 Order re: worker

representative

S.43 Amdt.

Posting name

S.44 Amdt.

Duties of representative

S.49 Amdt.

Discriminatory action prohibited

S.54 Amdt.

Reporting accidents

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 c0-3

as amended

1. Paragraphs 5(f), (f.1), (f.2) and (f.3) of the Occupational Health and Safety Act are

repealed and the following substituted:

(

f) shall consult and co-operate with the

occupational health and safety committee, the worker health and safety

representative or the workplace health and safety designate, where the employer

is not the workplace health and safety designate, on all matters respecting

occupational health and safety at the workplace;

(f.1) shall respond in writing within 30 days to a

recommendation of

(

i) the occupational health and safety committee

at the workplace,

(ii) the worker health and safety representative at

the workplace, or

(iii) where the employer is not the workplace health

and safety designate, the workplace health and safety designate at the workplace

indicating that the recommendation has been

accepted or that it has been rejected, with a reason for the rejection;

(f.2) shall provide periodic written updates to

(

i) the occupational health and safety committee

at the workplace,

(ii) the worker health and safety representative at

the workplace, or

(iii) where the employer is not the workplace health

and safety designate, the workplace health and safety designate at the workplace

on the implementation of a recommendation

accepted by the employer until the implementation is complete;

(f.3) shall consult with

(

i) the occupational health and safety committee

at the workplace,

(ii) the worker health and safety representative at

the workplace, or

(iii) where the employer is not the workplace health

and safety designate, the workplace health and safety designate at the workplace

about the scheduling of workplace

inspections that are required by the regulations, and ensure that the

committee, the worker health and safety representative or the workplace health

and safety designate participates in the inspection; and.

2. Paragraph 7(

b) of the Act is repealed and the

following substituted:

(

b) shall consult and co-operate with the

occupational health and safety committee, the worker health and safety

representative or the workplace health and safety designate at the workplace;

and.

3. Subsection 32(1) of the Act is amended by

adding immediately after the words and numbers "sections 27 to 30"

the words and number "and

section 42.2".

4. Subsection 33(1) of the Act is amended by

adding immediately after the words and numbers "sections 27 to 30"

the words and number "and

section 42.2".

Section 35 of the Act is repealed and the

following substituted:

Copy of order

35. A

copy of an order made under sections 27 to 30 and

section 42.2 or confirmed or

varied under

section 32 shall be provided by the officer or assistant deputy

minister to

(

a) the occupational health and safety committee

at the workplace where one has been established;

(

b) the worker health and safety representative at

the workplace where a representative has been elected or appointed; or

(

c) the workplace health and safety designate at

the workplace where one has been designated.

(1) Subsection 36.1(2) of the Act is amended by

striking out the words "or the worker health and safety

representative".

(2) Subsection 36.1(4) of the Act is amended by

striking out the words and comma "the worker health and safety representative,".

7. Subsection 36.2(2) of the Act is amended by

adding immediately after the words "the worker health and safety

representative" the words "or the workplace health and safety

designate".

8. The Act is amended by adding immediately after

section 42 the following:

Workplace designate

42.1

(1) Notwithstanding

section 41, where less than 6 persons are engaged at a workplace and the

designation of a worker health and safety representative is impracticable, the

employer may designate a workplace health and safety designate to monitor the

health, safety and welfare of workers employed at the workplace.

(2) The workplace health and safety designate may

be either

(

a) a worker connected with the management of the

workplace; or

(

b) the employer, if the designation of a worker

connected with the management of the workplace is not practicable.

(3) The workplace health and safety designate

shall be appointed by the employer.

(4) The employer shall provide and pay for

training for the workplace health and safety designate.

(5) The training provided under subsection

(4) shall meet the requirements that the Workplace Health and Safety Compensation

Commission may set.

(6) The workplace health and safety designate

shall participate in the training provided under this section.

(7) An employer shall compensate a worker for

participating in training under this

section as if the training were regular

work.

Order re: worker

representative

42.2 Notwithstanding

section 42.1, if the assistant deputy minister or an officer is of the opinion

that a workplace health and safety designate cannot adequately monitor the

health, safety and welfare of workers employed at the workplace, the assistant

deputy minister or officer shall order, in writing, that a worker health and

safety representative be designated under

section

Section 43 of the Act is amended by adding

immediately after the words "the worker health and safety

representative" the words "or the workplace health and safety designate".

10. (1) Subsection 44(1) of the Act is amended by

adding immediately after the words "the worker health and safety representative"

the words "or the workplace health and safety designate".

(2) Subsection 44(2) of the Act is 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 his or her employer

while performing his or her duties under subsection (1).

(3) Where the workplace health and safety

designate is the employer, he or she shall consult with the workers while

performing his or her duties under subsection (1).

11. Paragraph 49(

a) of the Act is repealed and the

following substituted:

(

a) because of the worker's participation in or

association with the committee, worker health and safety representative or

workplace health and safety designate at the workplace, or because the worker

is a worker health and safety representative or workplace health and safety

designate;

12. Subsection 54(2) of the Act is repealed and the

following substituted:

(2) where an accident is reported under subsection

(1), notification shall immediately be given to the committee, the worker

health and safety representative or the workplace health and safety designate.

Earl G. Tucker, Queen's Printer