Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Committees and Coordinator

Marginal note:Establishment

• 205.043 (1) Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety.

• Marginal note:Exception

  (2) Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it.

• Marginal note:Other committees

  (3) An occupational health and safety committee described in subsection 205.045(1) is deemed to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.

• Marginal note:Duties of workplace committee

  (4) A workplace committee shall

  • (a) receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety;

  • (b) participate in inspections referred to in paragraphs 205.013(q) and 205.019(1)(p), in the investigation of any matter under paragraph 205.022(f) and in the activities of any health and safety officers that pertain to a matter under section 205.049 or subsection 205.05(8) or 205.054(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;

  • (c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed;

  • (d) keep minutes of committee meetings in a form and manner approved by the Chief Safety Officer and provide a copy of those minutes, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

  • (e) perform any other duties that are assigned to it by the Chief Safety Officer or that are assigned to it under an agreement between the operator and any employers and employees — or the union representing them — at the workplace.

• Marginal note:Functions of workplace committee

  (5) A workplace committee may

  • (a) seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;

  • (b) advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs — and any procedures — required under this Part;

  • (c) advise on the provision of personal protective equipment suited to the needs of the employees;

  • (d) make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and

  • (e) participate in the activities described in subsection 205.079(1).

• Marginal note:Limitation of liability

  (6) An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

Marginal note:Number of members

• 205.044 (1) A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.

• Marginal note:Selection of members

  (2) The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator. The other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.

• Marginal note:Meetings

  (3) A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it.

• Marginal note:Time off work

  (4) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

• Marginal note:Rules of procedure

  (5) A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.

• Marginal note:Co-chairpersons

  (6) A workplace committee is to be co-chaired by two of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.

• Marginal note:Resolution of disagreements

  (7) If there is disagreement as to the size of a workplace committee, the selection of members or any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and provide those concerned with a written determination. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal.

Marginal note:Occupational health and safety coordinator

• 205.045 (1) If an operator establishes a workplace for six months or less, the operator shall — unless there is already an occupational health and safety committee for the workplace that meets the requirements of subsections 205.044(1), (2) and (6) — designate an employee at that workplace who has been approved by the Chief Safety Officer to act as an occupational health and safety coordinator in respect of that workplace.

• Marginal note:Duties of coordinator

  (2) The coordinator shall

  • (a) receive, consider, investigate if necessary, and promptly dispose of matters and complaints related to occupational health and safety;

  • (b) assist their employer in carrying out the employer’s duties under paragraph 205.022(f);

  • (c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

  • (d) perform any other duties that are assigned to them by the Chief Safety Officer.

• Marginal note:Recommendations

  (3) The coordinator may make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that has duties or functions under this Part.

• Marginal note:Duties of operator

  (4) The operator shall

  • (a) ensure that the coordinator is informed of their responsibilities as coordinator under this section;

  • (b) ensure that the coordinator is provided with the training in health and safety — including any that is prescribed — necessary to enable them to fulfil their duties and functions as coordinator; and

  • (c) make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information.

• Marginal note:Duties of operator and employer

  (5) The operator and the employers at the workplace shall cooperate with the coordinator and facilitate communications between the coordinator and the employees at the workplace.

• Marginal note:Limitation of liability

  (6) An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

• Marginal note:Time off work

  (7) An employee who is a coordinator is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a coordinator, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

Marginal note:Order to establish special committee — operator

• 205.046 (1) The Chief Safety Officer may, after consultation with an operator, order the operator to establish a special committee for any of its workplaces for particular purposes related to occupational health and safety.

• Marginal note:Order to establish special committee — employer

  (2) The Chief Safety Officer may, after consultation with an employer having control over a workplace, the operator, and the employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.

• Marginal note:Mandate, duties and functions

  (3) The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer, as the case may be.

• Marginal note:Time limit

  (4) The operator or employer, as the case may be, shall establish the special committee within 15 days after the day on which it receives the order.

• Marginal note:Provisions applicable

  (5) Paragraphs 205.043(5)(b) and (d) and subsections 205.043(6) and 205.044(1) to (7) apply, with any modifications that the circumstances require, in respect of a special committee.

Marginal note:Response to recommendations

• 205.047 (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.

• Marginal note:Nature of response

  (2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.

• Marginal note:Response delayed — explanation

  (3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.

• Marginal note:Revised date for response

  (4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.

• Marginal note:Report of delay

  (5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.

• Marginal note:Confirmation of date

  (6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date.

• Marginal note:Fixing new date

  (7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date.

• Marginal note:Report regarding response

  (8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.

Workplace Monitoring

Marginal note:Observers

• 205.048 (1) A workplace committee may choose an employee at the workplace to observe

  • (a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and

  • (b) the subsequent monitoring of the conditions referred to in paragraph (a), including the taking of samples and measurements.

• Marginal note:Observers

  (2) Every employer who conducts an activity described in paragraph (1)(a) or (b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity.

• Marginal note:Exception

  (3) Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(b) that is carried out continuously or on a regular and frequent basis.

• Marginal note:Notice and access

  (4) When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply:

  • (a) if an employer is carrying out the monitoring, the employer shall give reasonable notice to the operator to enable the operator to comply with paragraph (b);

  • (b) if an operator is carrying out the monitoring or is notified under paragraph (a), the operator shall give reasonable notice of the commencement of monitoring to all employers at the workplace;

  • (c) the operator or the employer carrying out the monitoring shall give reasonable notice of the commencement of monitoring to the observer, and shall provide the observer with access to the workplace for the purpose of observing the monitoring; and

  • (d) the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer.

• Marginal note:Monitoring by health and safety officers

  (5) Monitoring may be carried out on the order of a health and safety officer under section 205.073 even if the notices referred to in paragraphs (4)(a) to (c) have not been given.

• Marginal note:Compensation of employees

  (6) An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had they been working.

Reporting of Occupational Health and Safety Concerns

Marginal note:Duty to report

• 205.049 (1) An employee who has reasonable cause to believe that a provision of this Part or of the regulations made under this Part has been contravened or that there is likely to be an accident or injury arising out of, linked to or occurring in the course of employment shall report their concern to their supervisor.

• Marginal note:Resolve concern

  (2) The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible.

• Marginal note:Notice to employer, etc.

  (3) If the employee’s concern is not resolved, they may notify their employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator, as the case may be, and the operator.

• Marginal note:Notice to health and safety officer

  (4) If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer.