Canada Labour Code

Marginal note:Accessory powers

• 141 (1) Subject to section 143.2, the Head may, in carrying out the Head’s duties and at any reasonable time, enter any work place controlled by an employer and, in respect of any work place, may

  • (a) conduct examinations, tests, inquiries, investigations and inspections or direct the employer to conduct them;

  • (b) take or remove for analysis, samples of any material or substance or any biological, chemical or physical agent;

  • (c) be accompanied or assisted by any person and bring any equipment that the Head deems necessary to carry out the Head’s duties;

  • (d) take or remove, for testing, material or equipment if there is no reasonable alternative to doing so;

  • (e) take photographs and make sketches;

  • (f) direct the employer to ensure that any place or thing specified by the Head not be disturbed for a reasonable period pending an examination, test, inquiry, investigation or inspection in relation to the place or thing;

  • (g) direct any person not to disturb any place or thing specified by the Head for a reasonable period pending an examination, test, inquiry, investigation or inspection in relation to the place or thing;

  • (h) direct the employer to produce documents and information relating to the health and safety of the employer’s employees or the safety of the work place and to permit the Head to examine and make copies of or take extracts from those documents and that information;

  • (i) direct the employer or an employee to make or provide statements, in the form and manner that the Head may specify, respecting working conditions and material and equipment that affect the health or safety of employees;

  • (j) direct the employer or an employee or a person designated by either of them to accompany the Head while the Head, is in the work place; and

  • (k) meet with any person in private or, at the request of the person, in the presence of the person’s legal counsel or union representative.

• Marginal note:Directions whether or not in work place

  (2) The Head may issue a direction under subsection (1) whether or not the Head is in the work place at the time the direction is issued.

• Marginal note:Return of material and equipment

  (3) On request by the person from whom material or equipment was taken or removed for testing under paragraph (1)(d), the Head shall return that material or equipment to the person after testing is completed unless it is required for the purposes of a prosecution under this Part.

• Marginal note:Investigation of deaths

  (4) The Head shall investigate every death of an employee that occurred in the work place or while the employee was working, or that was the result of an injury that occurred in the work place or while the employee was working.

• Marginal note:Investigation of motor vehicle accidents

  (5) If the death results from a motor vehicle accident on a public road, as part of the investigation the Head shall obtain a copy of any police report as soon as possible after the accident.

• Marginal note:Report

  (6) Within 10 days after completing a written report on the findings of an inquiry or investigation, the Head shall provide the employer and the work place committee or the health and safety representative with a copy of the report.

• (7) to (9) [Repealed, 2013, c. 40, s. 191]