OHS Responsibilities

Follow these links to related legislation

Highlighted words reveal definitions when selected

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.

Internal Responsibility System

Employer Responsibilites

Employers must:

  • Make all reasonable efforts to protect the health, safety and welfare of their workers.
  • Provide and maintain a workplace and the necessary equipment, systems, and tools in a manner that is safe and without risk to workers.
  • Provide the necessary information, instruction, training, supervision, and facilities.
  • Make sure workers, particularly supervisors, are made familiar with present and potential workplace hazards.
  • Conduct business, so that people not employed by the employer, such as the public, are not exposed to health or safety hazards created as a result of the work.
  • Make sure workers are given operating instructions for the personal protective equipment (PPE) or devices required for their protection from hazards.
  • Make sure that all buildings, structures (both temporary and permanent), excavations, machinery, equipment, workstations, and places of employment:
    • Can withstand the stresses likely to be imposed upon them, and can safely perform the function(s) for which they are used or intended.
    • Are inspected regularly to find and correct unsafe working conditions.
  • Make sure necessary PPE and devices are used.
  • Make sure that safe work procedures are followed.
  • Make sure that safe work procedures promote the safe interaction of workers and their work environment.
  • Make sure that all workers and other persons at the workplace are informed of the hazards to which they are likely to be exposed and what controls they must use to protect themselves and others.
  • Make sure that an OHS Committee, WHS Representative, or Designate is in place as required.
  • Consult and co-operate with the OHS Committee, WHS Representative or Designate on all OHS matters.
  • Not assign a worker with medically documented physical or mental impairment to work where those impairments endanger them or others.
  • Not allow themselves, supervisors, or workers to enter or remain at the workplace when impaired by an intoxicating substance or another cause that affects their ability to perform work safely or that may endanger themselves or others.

Establish and Maintain an OHS Program

The employer must:

  • Establish and maintain an OHS program (in-writing):
    • Where 10 or more workers are employed at a workplace.
    • In consultation with the OHS committee.
    • That includes documents required by the regulations.
    • And provide it when requested to the OHS Committee, a worker, or an OHS officer.
  • Where a workplace is required to have an OHS program it must include:
    • A statement of the employer commitment to cooperate with the OHS Committee, WHS Representative or Designate;
    • A statement of the responsibilities of the employer, supervisors, workers and OHS committee, WHS Representative or Designate;
    • Procedures to identify the need for safe work practices and procedures;
    • Written safe work practices and procedures appropriate to the hazards;
    • A plan for orienting and training supervisors and workers in job-specific safe work practices and procedures;
    • Provision for establishing and maintaining a OHS committee, if required;
    • A system for the recognition, evaluation, and control of hazards;
    • A plan for the control of biological and chemical hazards;
    • A system for ensure supervisors and worker comply with the OHS program;
    • An emergency response plan;
    • A plan for maintenance of records and statistics; and
    • A plan to monitor the effectiveness of the OHS program at least every three years, where there is change to the work that would affect a hazard, and under the direction of an OHS Officer.
  • Establish and maintain an OHS Policy (in-writing):
    • Where less than 10 workers are employed at a workplace.
    • In consultation with the WHS Representative or Designate.
  • Prominently post in the workplace:
    • A copy of the OHS Act and Regulations.
    • Any required code of practice (e.g., Silica Code of Practice).
    • The OHS Policy.
    • The name(s) of the OHS Committee Members, WHS Representative, or Designate.
    • Minutes of recent OHS Committee meetings.

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.

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.

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.

Following the inspection, the employer must circulate copies of the Officer’s inspection reports to the OHS Committee, WHS Representative or Designate.

Supervisor Responsibilities

Supervisors must:

  • Make all reasonable efforts to protect the health, safety and welfare of the workers under their supervision.
  • Advise workers under their supervision of present and potential workplace hazards, and provide written or oral instructions about safety precautions that must be followed.
  • Make sure the workers under their supervision use or wear personal protective equipment (PPE) and safety devices required for their protection.
  • Not allow employers, themselves, or workers to enter or remain at the workplace when impaired by an intoxicating substance or another cause that affects their ability to perform work safely or that may endanger themselves or others.

Worker Responsibilities

Workers must:

  • Make all reasonable efforts to protect their own health and safety, and that of workers and other persons at, or near, the workplace.
  • Cooperate with the employer and co-workers to protect the health and safety of everyone in the workplace.
  • Consult and cooperate with the OHS Committee, WHS Representative, or Designate.
  • Cooperate with a person exercising a duty imposed by the OHS Act or Regulations, such as an OHS Officer.
  • Use or wear all necessary PPE and safety devices according to manufactures instructions and training.
  • Follow safe work practices and procedures.
  • Immediately report hazards to the supervisor or employer.
  • Not carry out work, or operate a tool, appliance or equipment, where a present or potential hazard creates imminent danger to themselves or others.
  • Not enter or remain at the workplace when impaired by an intoxicating substances or another cause that affects their ability to perform work safely or that may endanger themselves or others.
  • Not engage in horseplay, scuffling, unnecessary running or jumping, practical jokes, or other similar hazardous behaviours.
  • Make sure that all guards are in place and no one will be endangered, before starting any tools, machinery, or equipment.
  • Participate in training and hazard assessments, where it is offered.
  • Not use equipment or perform work tasks where the training required by the legislation has not yet taken place.

Self-employed Responsibilities

A self-employed person must meet all of the responsibilities of an employer or workers.

Principal Contractor Responsibilities

Principal contractors must:

  • Make sure work schedules and tasks are organized to provide safe working conditions for workers.
  • Make sure regulations are followed where a construction project involves the work of two or more employers, and that each employer notifies the principal contractor before starting a task that is likely to create a hazard to a worker of another employer.
  • Designate a person to coordinate the communication of health and safety information at worksites where there are two or more employers working, the combined workforce is more than five workers and the tasks are being done could create a hazard. Where the principal contractor is not at the work location, they must identify a designate.

Supplier Responsibilities

Suppliers must:

  • Make sure tools, appliances or equipment that they supply are in safe operating condition and comply with standards prescribed by the regulations.

Worker

A person engaged in an occupation.

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.

Employer

A person who employs 1 or more workers.

Supervisor

A person authorized or designated by an employer to exercise direction and control over workers of the employer.

Occupational Health and Safety Committee

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.
A committee shall consist of 2 to 12 persons. Where the employer and workers cannot agree on the size of the committee, the minister may establish its size.
At least half of the members are to be persons representing the workers who are not connected with the management. The persons representing the workers are to be elected by other workers or appointed in accordance with the constitution of the union of which the workers are members.
The employer shall appoint sufficient employer representatives to ensure that the committee may function.
The employer and worker members of a committee shall elect a co-chairperson from their respective groups.
The employer shall post the names of the committee members in a prominent place at the workplace.
A committee:
  • Shall seek to identify aspects of the workplace that may be unhealthy or unsafe;
  • Shall participate in a workplace inspection that an employer is required by the regulations to conduct;
  • 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;
  • Shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;
  • Shall establish and promote health and safety educational programs for workers;
  • Shall maintain records as to the receipt and disposition of complaints received from workers;
  • Shall co-operate with the assistant deputy minister or an officer who is exercising his or her duties under the act; and
  • Shall perform those other duties and follow those procedures that may be prescribed by the regulations.
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.

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.

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.
The employer shall post the name of the worker health and safety representative in a prominent place at the workplace.
A worker health and safety representative has the same duties as those imposed upon a committee where that is reasonably practicable.
A worker health and safety representative shall consult with his or her employer while performing his or her duties.

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.
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.
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.
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.
The workplace health and safety designate shall participate in the training provided.
The employer shall post the name of the worker health and safety designate in a prominent place at the workplace.
A worker health and safety designate has the same duties as those imposed upon a committee where that is reasonably practicable.
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.

Self-employed person

A person who is engaged in an occupation on his or her own behalf.

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.

Supplier

A person who rents or leases tools, appliances or equipment to be used by a worker.

Personal protective equipment

Any equipment or device which protects a worker's body from injury, illness or death. PPE acts as a barrier to protect the worker from the hazard.
PPE should only be used:
  • Where other controls are not available or adequate.
  • As a short-term measure before controls are implemented.
  • During activities such as maintenance, clean up, and repair where other controls are not feasible or effective.
  • During emergency situations.

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.

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.N.L. 1990, c. O-3

Section 2 Definitions

2. In this Act

(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]

Section 4 Employers' general duty

4. An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers.

Section 5 Specific duties of employers

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]

Section 5.1 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.

[S.N.L. 2009, c. 19, s. 2]

Section 5.2 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.

[S.N.L. 2009, c. 19, s. 2]

Section 6 Workers' general duty

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.

Section 7 Specific duties of workers

7. A worker

(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]

Section 8 Imminent danger

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.

Section 9 Duty of self-employed 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.

Section 10 Duty of principal contractor

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.

Section 11 Duty of supplier

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.

Section 26.2 Requirement to provide assistance

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]

Section 36 Codes of practice

36. (1) The minister may require

(a) all employers or principal contractors;

(b) a group or class of employers or principal contractors; or

(c) an employer or principal contractor to

establish a code of practice, or adopt a code of practice specified by the minister.

(1.1) The minister shall sign a copy of a code he or she requires to be established or adopted under section (1) and the signed copy constitutes the official version of the code for all purposes for which the code may be required to be admitted in evidence in a judicial or other proceeding.

(1.2) The minister shall publish in the gazette a notice of a requirement to establish or adopt a code under paragraph (1)(a) or (b).

(2) The code of practice may be revised or required to be revised by the minister.

(3) The code of practice shall be posted by the employer in a prominent place at the workplace.

[S.N.L. 1999, c. 28, s. 8]

Section 36.1 Health and safety program

36.1 (1) Where 10 or more workers are employed at a workplace, the employer shall establish and maintain an occupational health and safety program in accordance with the regulations.

(2) An occupational health and safety program shall be established in consultation with the occupational health and safety committee at the workplace.

(3) An occupational health and safety program shall include those documents that may be prescribed in the regulations.

(4) An occupational health and safety program shall be in writing and shall, when requested, be provided to the occupational health and safety committee, a worker at the workplace and an officer.

[S.N.L. 2001, c. 10, s. 27; 2004, c. 47, s. 27]

Section 36.2 Health and safety policy

36.2 (1) Where less than 10 workers are employed at a workplace, the employer shall establish an occupational health and safety policy in accordance with the regulations.

(2) An occupational health and safety policy shall be established in consultation with the worker health and safety representative or the workplace health and safety designate and posted in a prominent place at the workplace.

[S.N.L. 2001, c. 10, s. 27; 2004, c. 52, s. 7]

Section 37 Committees

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]

Section 38 Membership of committees

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.

Section 39 Duties of committees

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]

Section 40 Meetings of committee

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.

Section 41 Worker representative

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]

Section 42 Election of representative

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.

Section 43 Posting name

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]

Section 44 Duties of representative

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

Section 12 Occupational health and safety program

12. (1) An occupational health and safety program required under section 36.1 of the Act shall be signed and dated by the employer and by the person or persons responsible for the management of the employer's operations in the province and shall include:

(a) a statement of the employer's commitment to cooperate with the occupational health and safety committee and workers in the workplace in carrying out their collective responsibility for occupational health and safety;

(b) a statement of the respective responsibilities of the employer, supervisors, the occupational health and safety committee and workers in carrying out their collective responsibility for occupational health and safety;

(c) procedures to identify the need for, and for the preparation of written safe work procedures to implement health and safety practices, including practices required by the Act and the regulations, or as required by an officer;

(d) written work procedures appropriate to the hazards and work activity in the workplace;

(e) a plan for orienting and training workers and supervisors in workplace and job-specific safe work practices, plans, policies and procedures, including emergency response, that are necessary to eliminate, reduce or control hazards;

(f) provisions for establishing and operating an occupational health and safety committee, including provisions respecting

(i) maintenance of membership records,

(ii) procedural rules,

(iii) access by the committee to management staff with the authority to resolve health and safety issues and to information about the employer's operations required under the Act and the regulations, and

(iv) a plan for training committee members as required under the Act;

(g) a system for the recognition, evaluation and control of hazards that includes:

(i) evaluation and monitoring of the workplace to identify potential hazards and the associated risks,

(ii) procedures and schedules for regular inspections by management and committee members,

(iii) procedures for the identification, reporting and control or correction of hazards,

(iv) procedures for the prompt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence,

(v) identification of the circumstances where the employer is required to report hazards to the committee and the procedures for doing so, and

(vi) measures for the accountability of persons responsible for the reporting and correction of hazards;

(h) a plan for the control of biological and chemical substances handled, used, stored, produced or disposed of at the workplace and where appropriate, the monitoring of the work environment to ensure the health and safety of workers and other persons at or near the workplace;

(i) a system to ensure that persons contracted by the employer or for the employer's benefit comply with the program developed under this section and the Act and regulations;

(j) an emergency response plan;

(k) maintenance of records and statistics, including occupational health and safety committee minutes, reports of occupational health and safety inspections and investigations, with procedures to allow access to them by persons entitled to receive them under the Act; and

(l) provision for monitoring the implementation and effectiveness of the program.

(2) An employer that is required to establish and maintain an occupational health and safety program under section 36.1 of the Act shall

(a) implement the occupational health and safety program; and

(b) review and, where necessary, revise the occupational health and safety program as follows:

(i) at least every 3 years,

(ii) where there is a change of circumstances that may affect the health and safety of workers, and

(iii) where an officer requests a review.

Section 14 General duties of employers

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 his or her 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.

Section 17 General duties of workers

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 his or her 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 he or she has been instructed.

(3) A worker shall immediately report a hazardous work condition that may come to his or her attention to the employer or supervisor.

Section 18 Safety inspections

18. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or his or her 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.

Section 19 Co-ordination of work

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.

Section 20 Two or more employers

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.

Section 21 Appointment of qualified co-ordinator

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

Section 25 Operations of 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

Section 26 Personal conduct

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 his or her ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers his or her health or safety 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.

WorkplaceNL Resources OHS Division Resources Other Resources

CCOHS