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Every worker in Newfoundland and Labrador has the right to a healthy and safe workplace. Occupational health and safety (OHS) is the responsibility of every person in the workplace. The OHS Act and Regulations legislate these responsibilities by stating the fundamental rights, duties and obligations of all persons associated with the workplace; namely the employer, supervisor, worker, OHS Committee, Workplace Health and Safety (WHS) Representative, or Designate, as well as self-employed persons, principal contractors, and suppliers.
Employer Responsibilites
Cooperating during OHS Officer Inspections and Investigations
The employer must cooperate with a person exercising a duty imposed by the OHS Act or Regulations, such as an OHS Officer. [OHS Act, s. 5(g)]
The owner or operator of the workplace (and a person found there) must give the OHS Officer reasonable help to enable them to carry out his or her duties and functions and provide the information that they may reasonably require. [OHS Act, s. 26.2]
During an OHS Officer’s inspection, a representative of the employer, and the OHS Committee (worker members), WHS Representative or Designate may accompany the officer. [OHS Regs., s. 25(8)]
Following the inspection, the employer must circulate copies of the Officer’s inspection reports to the OHS Committee, WHS Representative or Designate. [OHS Regs., s. 25(9)]
Supervisor Responsibilities
Worker Responsibilities
Self-employed Responsibilities
A self-employed person must meet all of the responsibilities of an employer or worker. [OHS Act, s. 9]
Principal Contractor Responsibilities
Principal contractors must:
Supplier Responsibilities
Worker
A person engaged in an occupation. [OHS Act, s. 2(m)]
Workplace
A place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation. [OHS Act, s. 2(n)]
Employer
A person who employs 1 or more workers. [OHS Act, s. 2(f)]
Supervisor
A person authorized or designated by an employer to exercise direction and control over workers of the employer. [OHS Act, s. 2(k.1)]
Occupational Health and Safety Committee
Worker Health and Safety Representative
Where less than 10 workers are employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the worker health and safety representative to monitor the health, safety and welfare of workers employed at the workplace.
[OHS Act, s. 41]
The worker health and safety representative is to be elected by other workers at the workplace or appointed in accordance with the constitution of the labour union of which the workers are members. [OHS Act, s. 42]
The employer shall post the name of the worker health and safety representative in a prominent place at the workplace. [OHS Act, s. 43]
A worker health and safety representative has the same duties as those imposed upon a committee where that is reasonably practicable. [OHS Act, s. 44]
A worker health and safety representative shall consult with his or her employer while performing his or her duties. [OHS Act, s. 44]
Workplace Health and Safety Designate
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. [OHS Act, s. 42]
The workplace health and safety designate shall be appointed by the employer. The workplace health and safety designate may be either a worker connected with the management of the workplace; or the employer, if the designation of a worker connected with the management of the workplace is not practicable. [OHS Act, s. 42]
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. [OHS Act, s. 42]
The employer shall provide and pay for training for the workplace health and safety designate. The training provided shall meet the requirements that the Workplace Health and Safety Compensation Commission may set. An employer shall compensate a worker for participating in training as if the training were regular work. [OHS Act, s. 42]
The workplace health and safety designate shall participate in the training provided. [OHS Act, s. 42]
The employer shall post the name of the worker health and safety designate in a prominent place at the workplace. [OHS Act, s. 43]
A worker health and safety designate has the same duties as those imposed upon a committee where that is reasonably practicable. [OHS Act, s. 44]
A worker 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. Where the workplace health and safety designate is the employer, he or she shall consult with the workers while performing his or her duties. [OHS Act, s. 44]
Self-employed person
A person who is engaged in an occupation on his or her own behalf. [OHS Act, s. 2(k)]
Principal contractor
The person primarily responsible for the carrying out of a project and includes the person who owns the thing in respect of which the project is being carried out. [OHS Act, s. 2(j)]
Supplier
A person who rents or leases tools, appliances or equipment to be used by a worker. [OHS Act, s. 2(l)]
Personal protective equipment
OHS Officer
An occupational health and safety officer appointed under this Act and includes a medical practitioner providing services under section 20 while he or she is providing those services. [OHS Act, s. 2(i)]
OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.N.L. 1990, c. O-3
(a) "assistant deputy minister" means an assistant deputy minister appointed under section 9 of the Executive Council Act for the proper conduct of this Act;
(b) "board" means the Labour Relations Board referred to in the Labour Relations Act;
(c) "committee" means an occupational health and safety committee referred to in this Act;
(d) "council" means the Occupational Health and Safety Council referred to in this Act;
(e) "division" means the Occupational Health and Safety Division;
(f) "employer" means a person who employs 1 or more workers;
(g) "minister" means the minister appointed under the Executive Council Act to administer this Act;
(h) "occupation" means employment prescribed by the regulations as an occupation;
(i) "officer" means an occupational health and safety officer appointed under this Act and includes a medical practitioner providing services under section 20 while he or she is providing those services;
(j) "principal contractor" means the person primarily responsible for the carrying out of a project and includes the person who owns the thing in respect of which the project is being carried out;
(k) "self-employed person" means a person who is engaged in an occupation on his or her own behalf;
(k.1) "supervisor" means a person authorized or designated by an employer to exercise direction and control over workers of the employer;
(l) "supplier" means a person who rents or leases tools, appliances or equipment to be used by a worker;
(m) "worker" means a person engaged in an occupation; and
(n) "workplace" means a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation.
[S.N.L. 1999, c. 28, s. 1; 2006, c. 16, s. 1; 2009, c. 19, s. 1]
4. An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers.
5. Without limiting the generality of section 4, an employer
(a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of his or her workers;
(b) shall, where it is reasonably practicable, provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers;
(c) shall ensure that his or her workers, and particularly his or her supervisors, are made familiar with health or safety hazards that may be met by them in the workplace;
(d) shall, where it is reasonably practicable, conduct his or her undertaking so that persons not in his or her employ are not exposed to health or safety hazards as a result of the undertaking;
(e) shall ensure that his or her workers are given operating instruction in the use of devices and equipment provided for their protection;
(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
(g) shall co-operate with a person exercising a duty imposed by this Act or regulations.
[S.N.L. 1999, c. 28, s. 2; 2001, c. 10, s. 25; 2004, c. 52, s. 1]
5.1 A supervisor shall ensure, where it is reasonably practicable, the health, safety and welfare of all workers under his or her supervision.
[S.N.L. 2009, c. 19, s. 2]
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.
[S.N.L. 2009, c. 19, s. 2]
6. A worker, while at work, shall take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace.
(a) shall co-operate with his or her employer and with other workers in the workplace to protect
(i) his or her own health and safety,
(ii) the health and safety of other workers engaged in the work of the employer,
(iii) the health and safety of other workers or persons not engaged in the work of the employer but present at or near the workplace;
(a.1) shall use devices and equipment provided for his or her protection in accordance with the instructions for use and training provided with respect to the devices and equipment;
(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
(c) shall co-operate with a person exercising a duty imposed by this Act or regulations.
[S.N.L. 1999, c. 28, s. 3; 2001, c. 10, s. 26; 2004, c. 52, s. 2]
8. A worker shall not
(a) carry out work where there exists an imminent danger to his or her or another worker's health or safety or the health or safety of another person; or
(b) operate a tool, appliance or equipment that will create an imminent danger to his or her or another worker's health or safety or the health or safety of another person.
9. A self-employed person is bound by this Act with respect to the duties of employers or workers where these provisions are applicable.
10. A principal contractor engaged in a project shall ensure, where it is reasonably practicable for him or her to do so, that employers, workers and self-employed persons performing work in respect of that project comply with this Act and the regulations.
11. A supplier shall ensure, where it is reasonably practicable for him or her to do so, that tools, appliances or equipment that he or she supplies
(a) is in safe operating condition; and
(b) complies with the standards prescribed by the regulations.
26.2 The owner or operator of a workplace and a person found there shall give the assistant deputy minister or officer reasonable help to enable the assistant deputy minister or officer to carry out his or her duties and functions under this Act and shall provide the information that the assistant deputy minister or officer may reasonably require.
[S.N.L. 1999, c. 28, s. 7]
37. Where 10 or more workers are employed at a workplace, the employer shall establish an occupational health and safety committee to monitor the health, safety and welfare of the workers employed at the workplace.
[S.N.L. 1999, c. 28, s. 9]
38. (1) A committee shall consist of the number of persons that may be agreed to by the employer and the workers but shall not be less than 2 nor more than 12 persons.
(2) At least half of the members of a committee are to be persons representing the workers at the workplace who are not connected with the management of the workplace.
(3) The persons representing the workers on the committee are to be elected by other workers at the workplace or appointed in accordance with the constitution of the union of which the workers are members.
(4) Where the employer and workers cannot agree on the size of the committee, the minister may establish its size.
(5) The employer shall appoint sufficient employer representatives to ensure that the committee may function.
(6) The employer and worker members of a committee shall elect a co- chairperson from their respective groups.
(7) The employer shall post the names of the committee members in a prominent place at the workplace.
39. A committee established under section 37
(a) shall seek to identify aspects of the workplace that may be unhealthy or unsafe;
(a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct;
(b) may make recommendations to principal contractors, employers, workers, self-employed persons and the assistant deputy minister or an officer for the enforcement of standards to protect the health, safety and welfare of workers at the workplace;
(c) shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;
(d) shall establish and promote health and safety educational programs for workers;
(e) shall maintain records as to the receipt and disposition of complaints received from workers under paragraph (c);
(f) shall co-operate with the assistant deputy minister or an officer who is exercising his or her duties under the Act; and
(g) shall perform those other duties and follow those procedures that may be prescribed by the regulations.
[S.N.L. 2001, c. 10, s. 29]
40. Meetings of a committee shall take place during regular working hours at least once every 3 months and a worker is not to suffer loss of pay or other benefits while engaged in a meeting of a committee.
41. (1) Where less than 10 workers are employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the worker health and safety representative to monitor the health, safety and welfare of workers employed at the workplace.
(2) The employer shall provide and pay for training for the worker health and safety representative.
(3) The training provided under subsection (2) shall meet the requirements the Workplace Health Safety and Compensation Commission may set.
(4) The worker health and safety representative shall participate in the training provided under this section.
(5) An employer shall compensate a worker for participating in training under this section as if the training were regular work.
[S.N.L. 2001, c. 10, s. 30; 2004, c. 47, s. 27]
42. The worker health and safety representative is to be elected by other workers at the workplace or appointed in accordance with the constitution of the labour union of which the workers are members.
43. The employer shall post the name of the worker health and safety representative or the workplace health and safety designate in a prominent place at the workplace.
[S.N.L. 2004, c. 52, s. 9]
44. (1) A worker health and safety representative or the workplace health and safety designate has the same duties as those imposed upon a committee under section 39, where that is reasonably practicable.
(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).
[S.N.L. 2004, c. 52, s. 10]
Occupational Health and Safety Regulations, 2012
N.L.R. 5/12
Part III GENERAL DUTIES
14. (1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or intended.
(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of the employer’s workers.
(3) The employer shall ensure that safe work procedures are followed at all workplaces.
(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury.
17. (1) A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appliances
(a) designated and provided for the worker’s protection by the employer; or
(b) required under these regulations to be used or worn by a worker.
(2) A worker shall follow the safe work procedure in which the worker has been instructed.
(3) A worker shall immediately report a hazardous work condition that may come to the worker’s attention to the employer or supervisor.
18. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or the employer’s representative at intervals to ensure that safe working conditions are maintained and that unsafe conditions found as a result of the inspection are remedied without delay.
(2) Where an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker from being injured.
(3) Where emergency action is required to correct a condition that constitutes an immediate threat to workers, only those qualified and properly instructed workers necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place.
19. (1) An owner shall ensure that all workers and other persons at the workplace are informed of
(a) the hazards of an owner's operations or site conditions; and
(b) the health and safety activities to be used to address the hazards.
(2) A principal contractor shall ensure work schedules and tasks are organized to provide safe working conditions for workers.
20. Where a construction project involves the work of 2 or more employers or their workers,
(a) the principal contractor shall ensure compliance with the regulations where conditions or activities affect the workers of more than one employer; and
(b) each employer shall notify the principal contractor in advance of an undertaking likely to create a hazard for a worker of another employer.
21. Where, at a work location, the overlapping or adjoining work activities of 2 or more employers create a hazard to workers and the combined work force at the workplace is more than 5 persons, the principal contractor shall
(a) ensure that an individual is designated at the work location to coordinate communication for the purpose of ensuring health and safety on the worksite; and
(b) where the principal contractor is not at the work location the principal contractor shall designate a person to assume the duty.
Part IV OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES
25. (1) An employer shall ensure that
(a) an occupational health and safety committee is established;
(b) a worker health and safety representative is appointed; or
(c) a workplace health and safety designate is designated; and
(d) a copy of the Act and regulations under the Act are easily accessible to an employee.
(2) Minutes of all regular meetings and special committee meetings shall be recorded in the form prescribed by the commission and one copy shall be kept on file with the committee, one copy shall be filed with the commission and one copy shall be posted in a prominent place in the workplace.
(3) A worker health and safety representative or a workplace health and safety designate shall report to the commission in the form required by the commission.
(4) An occupational health and safety committee shall
(a) meet within 2 weeks of its establishment;
(b) elect co-chairpersons as required by subsection 38(6) of the Act; and
(c) notify the commission of the elected co-chairs.
(5) A quorum of the committee shall consist of one-half of its membership, provided that both employer and worker members are equally represented.
(6) Where an agreement cannot be reached between co-chairpersons on convening a meeting of the committee, the minister may be requested to intervene.
(7) The minister may require that a committee have monthly meetings where a particular hazard is involved, the operations are particularly complex or large numbers of workers are involved.
(8) A representative of the employer and
(a) the workers of an occupational health and safety committee;
(b) the worker health and safety representative; or
(c) the workplace health and safety designate, except where the workplace health and safety designate is the employer,
have the right to accompany an officer of the division when the health and safety inspections are being conducted.
(9) Copies of all health and safety inspection reports made by an officer of the division, shall be circulated by the employer to
(a) the occupational health and safety committee;
(b) the worker health and safety representative; or
(c) the workplace health and safety designate.
Part V GENERAL HEALTH AND SAFETY REQUIREMENTS
26. (1) A worker with a medically documented physical or mental impairment shall not be assigned to work where those impairments endanger the health and safety of that worker or other workers.
(2) An employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while the employer’s, supervisor’s or worker’s ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers the health or safety of the employer, supervisor or worker or that of other workers.
(3) A person shall not engage in horseplay, scuffling, unnecessary running or jumping, practical jokes or other similar activity or behaviour that may create or constitute a hazard to workers.
(4) Before tools, machinery or equipment is put into operation, the person responsible for doing so shall ensure that all guards are in place and that putting the equipment into operation does not endanger a person.
