Notifications and Reporting

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Certain notifications and reports must be submitted to WorkplaceNL, OHS Divison, and provincial utilities.

Reporting occupational injuries, diseases, and deaths is one of the ways WorkplaceNL and OHS Division track what is happening in workplaces across the province. This information helps to keep us aware of the importance of health and safety, and gives direction on where we should focus our efforts to eliminate or reduce similar events. Reporting is also necessary to ensure timely compensation for occupational injuries, diseases and deaths.

Employer Responsibilities

Employers must provide notification and written reports to provincial authorities under some conditions. Those required by occupational health and safety law are listed below.

Unresolved work refusals

When the employer cannot resolve a work refusal through the Occupational Health and Safety Committee, Worker Health and Safety Representative or Designate, the employer must notify OHS Division. If the notification was made verbally, the employer must also provide written notice within five days.

New project

Before beginning a new construction or industrial project that will continue for 30 days or more, the employer must send notice (in writing) to OHS Division that lists:

  • The name of the plant or construction site;
  • Its location;
  • The mailing address;
  • What type of work will be done;
  • How many workers will be employed;
  • The name of the company; and
  • In the case of a plant, the plans for the buildings, equipment and other information, if requested.

Damage to utilities

Where a work activity contacts or damages a utility, such as a pipeline or underground or above ground electrical cable, the employer must notify the utility owner immediately by phone.

Injury or illness

When notified that a worker has been injured, killed or developed an occupational disease, complete an Employer’s Report of Injury (Form 7) through Connect within three days to satisfy WorkplaceNL requirements.

The employer may be required to provide additional reports to WorkplaceNL, respecting the injury.

Where an employer fails to notify WorkplaceNL of the occurrence of an injury, WorkplaceNL may charge the cost of the claim against the experience record of that employer.

Serious injury

Where an accident at a workplace results, or had the potential to result, in a serious injury or death, the employer must immediately notify OHS Division by phone and the Occupational Health and Safety Committee, Worker Health and Safety Representative, or Designate. OHS Division’s accident report line can be reach 24 hours a day at 709.729.4444.

In addition to the immediate notification, employers must send a written report to OHS Division within three days of a serious injury and five days of a death. This report must include:

  • The nature of the accident (i.e. what happened);
  • The time and place;
  • The name and address of an injured worker, and
  • The name and address of the doctor who treated or is treating an injured worker.

Employers can use the Employer’s Report of Injury (Form 7) to report the incident to OHS Division. When a medical professional examines a worker to determine the seriousness of their injury, the employer can use the medical report to report the incident to OHS Division.

If OHS Division does not investigate the serious injury incident, the employer must, in consultation with the Occupational Health and Safety Committee, Worker Health and Safety Representative, or Designate, investigate and send that report to OHS Division.

Occupational disease

Where an employer is notified by a worker, or on behalf of a worker, that they have been diagnosed with an occupational disease, the employer must send notice to OHS Division within three days. A list of diseases is in the regulation; however any other disease or illness that the worker’s doctor has determined to be work related must also be reported.

Employers can use the Employer’s Report of Injury (Form 7) to report the incident to OHS Division.

When a physician diagnoses a person with an occupational disease, the physician must notify the person about their disease, and notify OHS Division (in writing within seven days) and include the person’s name, address, place of employment, and nature of the disease.

Blasting accidents and thefts

The employer and blaster must make sure the blast site is attended and barricaded, and post warning signs (“Danger”, “Explosives” or “Keep Out”) or flag the blast site when explosive materials and initiating systems are onsite.

If there has been a theft, or attempted theft of explosives, the employer must immediately report the incident to OHS Division by phone.

If there has been a blasting accident resulting in an injury or unusual occurrence, the employer must immediately report the incident to OHS Division by phone. They must also submit a written report to OHS Division within 24 hours. This report must include:

  • The names and certificate numbers of all the blasters;
  • The names and occupations of the injured workers;
  • The types of explosives, detonators, and blasting machines involved;
  • The nature of the accident (i.e. what happened);
  • The date, time and place; and
  • Any actions taken by the employer.

Worker Responsibilities

When an injury happens, complete a Worker’s Report of Injury (Form 6) and submit the form to WorkplaceNL within three months of an injury or diagnosis of an occupational disease.

Where another person submits a claim on behalf of a worker who has died, they must complete a Worker’s Report of Injury (Form 6) and submit the form to WorkplaceNL within six months of the date of death.

Related Topics

Employer's Report of Injury

A workplace injury:

  • Happens at work, on company property or on company business;
  • Requires medical treatment; and
  • May or may not require time away from work.

When an injury happens, first make sure that the worker has received the necessary care. Then collect details about the incident including what happened, where it happened and the names of people who saw the incident.

Tell the worker to report the incident to their health care provider and get copies of all necessary forms. This could include a Physician’s Report (MD), a Chiropractor’s Report (8/10c), or a Physio Report (PR).

Remember to complete an Employer’s Report of Injury (Form 7) through Connect within three days of the injury. The worker will also have to complete a Worker’s Injury Report (Form 6).

Once we have received all the necessary forms, an Intake Adjudicator will review the claim. If the claim is accepted, you will receive a copy of the letter we send the injured worker outlining their weekly wage-loss benefit and other general information.

If the claim is denied, you will receive a copy of the letter we send the injured worker outlining the reasons for denial. Both you and your worker have the right to ask for an internal review of any decision.

Forms can be found at: https://workplacenl.ca/resources/forms

Connect

Connect is WorkplaceNL’s online services portal. By logging into connect you can:

  • Access and submit Annual Employer Statements.
  • Review account information, including addresses, contacts, assessment rates and balances.
  • Request clearance as a principal or contractor.
  • Create a list of hired contractors and automatically receive a nightly notification when a contractor’s status changes with WorkplaceNL.
  • Complete and submit Employer’s Report of Injury (Form 7).
  • Complete and submit Early and Safe Return-to-Work (ESRTW) plans for your injured workers.
Accountants and bookkeepers can also use connect to submit a client’s Annual Employer Statements. Using connect is fast, convenient and secure. Sign in or register now at https://workplacenl.ca/login/.

Serious injury

Serious injury means:
  1. A partial or total loss of consciousness;
  2. Asphyxiation or poisoning by gas resulting in a partial or total loss of physical control;
  3. An injury that results in substantial loss of blood;
  4. A serious internal haemorrhage;
  5. A fracture of the skull, spine, pelvis, femur, humerus, fibula or tibia, or radius or ulna; but not a finger or toe;
  6. The amputation of a leg, arm, hand, foot, major part of a hand or foot, finger or toe;
  7. The loss of sight of an eye;
  8. A burn to a major portion of the body or that requires medical attention;
  9. An injury caused directly or indirectly by explosives; or
  10. Another injury likely to endanger life or cause permanent injury.

A serious injury does not include injuries that may be treated through first aid or medical treatment; where the worker is able to return to his or her work either immediately after treatment or at his or her next scheduled shift .

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.

Worker's Report of Injury

If you have been injured due to a workplace incident, you may be entitled to benefits.

To submit a claim:

  • Tell your supervisor what happened, where it happened and the names of any witnesses. You should do this immediately and before you leave the worksite.
  • Seek medical help and tell your health care provider that your injury is work-related. You can visit a physician, a physiotherapist or a chiropractor; they will then complete either a Physician’s Report (Form MD), a Physiotherapy Report (Form PR), or a Chiropractor’s Report (form 8/10c) and provide you with a copy.
  • Bring a copy of this report to your employer so they can complete an Employer’s Report of Injury (Form 7).
  • Submit a Worker’s Report of Injury (Form 6). A spouse, relative or friend can help you complete the form but you must sign the report.

Once submitted, we will review your Worker’s Report of Injury (Form 6), Employer’s Report of Injury (Form 7) and Health Care Provider Form (MD, PR or 8/10c) and make a decision on your claim.

If you would like for us to discuss your claim with your spouse, family member or other representative (such as a friend or union representative), please complete section G of the Form 6 or the Authorized Representative Consent (Form 13).

Forms can be found at: https://workplacenl.ca/resources/forms/

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

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]

Section 47 Report to division

47. Where a worker has made a report under section 46 and the matter has not been remedied to the satisfaction of the worker he or she shall report it, either in writing or orally, to the division or an officer.

Section 54 Reporting accidents

54. (1) Where an accident takes place at a workplace

(a) that results in serious injury to a person or results in the death of a person; or

(b) that had, or continues to have, the reasonable potential of causing serious injury to or the death of a person

the employer, or principal contractor shall immediately notify the assistant deputy minister of the accident.

(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.

(3) In this section and section 55 "serious injury" means

(a) a fracture of the skull, spine, pelvis, femur, humerus, fibula or tibia, or radius or ulna;

(b) an amputation of a major part of a hand or foot;

(c) the loss of sight of an eye;

(d) a serious internal hemorrhage;

(e) a burn that requires medical attention;

(f) an injury caused directly or indirectly by explosives;

(g) an asphyxiation or poisoning by gas resulting in a partial or total loss of physical control; or

(h) another injury likely to endanger life or cause permanent injury,

but does not include injuries to a worker of a nature that may be treated through first aid or medical treatment and the worker is able to return to his or her work either immediately after the treatment or at his or her next scheduled shift.

[S.N.L. 2004, c. 52, s. 12]

Section 60 Duty of physician

60. Where a physician finds that a person examined by him or her has an occupational disease the physician shall, within 7 days of the diagnosis,

(a) notify the assistant deputy minister, in writing, of the name, address and place of employment of the person and the nature of the occupational disease; and

(b) notify the person examined by the physician that he or she has an occupational disease and the nature of that disease.

61. Repealed. [S.N.L. 2009, c. 19, s. 3]

Occupational Health and Safety Regulations, 2012
N.L.R. 5/12

Part I GENERAL

Section 5 Right to refuse work

5. (1) Where an employer cannot resolve an issue in the workplace regarding occupational health and safety and there is a refusal to work, the issue shall be referred to the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate, and the employer shall notify the division.

(2) Where a notification under subsection (1) is made orally, the employer shall provide the division with a written confirmation of the notification within 5 days of the oral notification.

(3) Where action has been taken by a worker to exercise the right to refuse to work under the Act, the employer shall not assign a substitute worker to perform those duties unless the substitute worker has been informed of the prior refusal and the reason for that refusal.

Part II NOTICE REQUIREMENTS

Section 8 New project

8. Before beginning a new construction project or an industrial enterprise that is intended to continue for 30 days or more, an employer shall

(a) send a written notice to the minister containing the name of the plant or construction site, its location, the mailing address to which correspondence should be directed, the nature of the work, the numbers of workers to be employed and the name of the firm under which the business is to be carried on; and

(b) in the case of a plant, provide the minister, upon request, with plans showing the plant buildings and the main disposition of equipment and information relevant to processes and the nature of the substances that may be used.

Section 9 Notifiable occupational diseases

9. (1) The occupational diseases for which notification is required under section 60 of the Act shall be those set out in the Schedule.

(2) Notwithstanding that it is not a disease referred to in the Schedule, an employer shall inform the minister of a disease or illness affecting a worker in his or her employ that is determined by a medical practitioner to be an occupational or work related disease or illness.

(3) Where an employer is advised by or on behalf of a worker that the worker has an occupational disease or that a claim in respect of an occupational disease has been filed with the Workplace Health, Safety and Compensation Commission by or on behalf of the worker, the employer shall give notice to the division within 3 days of being advised.

Section 10 Serious injury

10. (1) In this section, "serious injury" includes an injury that

(a) places life in jeopardy;

(b) produces unconsciousness;

(c) results in substantial loss of blood;

(d) involves the fracture of a leg or arm but not a finger or toe;

(e) involves the amputation of a leg, arm, hand, foot, finger or toe;

(f) consists of burns to a major portion of the body; or

(g) causes the loss of sight in an eye.

(2) An employer shall, within 3 days after an accident happens to a worker that results in a serious injury to the worker, provide written notice to the minister advising the minister that an accident has occurred and containing the following information:

(a) the nature of the accident;

(b) the time and placed of the accident;

(c) the name and address of the worker injured in the accident; and

(d) the name and address of the physician who treated or is treating the worker for the injury.

(3) A fatality shall be reported to the minister immediately by telephone, or by whatever other means of communication that are readily available and that report shall be followed up in writing within 5 days.

(4) For the purpose of subsection (2), a copy of the applicable report of injury form is acceptable.

(5) Where the minister finds that it is impractical to conduct an investigation respecting an accident, the report of the investigation by the employer conducted in consultation with the occupational health and safety committee or the worker health and safety representative or the workplace health and safety designate shall be forwarded to the minister.

(6) Where a medical practitioner requires a worker to be examined to determine

(a) the extent of an injury suffered in the course of his or her occupation; or

(b) whether he or she suffers from an occupational disease,

the medical report of the commission may be accepted.

Section 11 Notification to utilities

11. An employer whose work activities result in a hit or damage to a pipeline, buried electrical cable, overhead cable or other utility shall notify the owner of the utility without delay.

Part XIX GENERAL BLASTING

Section 420 Security and report requirements

420. (1) Only a person authorized by the employer shall have access to the explosives.

(2) When explosive materials or initiating systems are brought to the blast site, the employer and a blaster shall

(a) ensure that the blast site is attended and barricaded; and

(b) post warning signs stating "Danger", "Explosives" or "Keep Out" or flag the blast site against unauthorized entry.

(3) A theft or attempted theft of explosives shall be reported by the employer to the minister immediately upon becoming aware of the theft.

(4) An employer shall immediately notify and send written notice within 24 hours to the minister when a blasting accident occurs in which a personal injury is sustained or where there is an unusual occurrence in which explosives are involved, whether or not personal injury is sustained, together with the blaster's certificate of the blaster involved.

(5) A report referred to in subsection (4) shall contain

(a) the names and certificate numbers of all blasters involved;

(b) the names and occupations of injured workers;

(c) the type of explosives, detonators and blasting machines used;

(d) a factual account of the events relating to the accident;

(e) date, time and location of the accident; and

(f) the action taken by the employer.

(6) The minister shall determine from the circumstances of the incident what action shall be taken, including whether the blaster's certificate required under subsection (4) may be returned to the blaster.

Schedule

List of occupational diseases:

1. Diseases caused by agents
1.1 Diseases caused by chemical agents
1.1.1 Diseases caused by beryllium or its toxic compounds
1.1.2 Diseases caused by cadmium or its toxic compounds
1.1.3 Diseases caused by phosphorus or its toxic compounds
1.1.4 Diseases caused by chromium or its toxic compounds
1.1.5 Diseases caused by manganese or its toxic compounds
1.1.6 Diseases caused by arsenic or its toxic compounds
1.1.7 Diseases caused by mercury or its toxic compounds
1.1.8 Diseases caused by lead or its toxic compounds
1.1.9 Diseases caused by fluorine or its toxic compounds
1.1.10 Diseases caused by carbon disulphide
1.1.11 Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydrocarbons
1.1.12 Diseases caused by benzene or its toxic homologues
1.1.13 Diseases caused by toxic nitro- and amino-derivatives of benzene or its homologues
1.1.14 Diseases caused by nitroglycerine or other nitric acid esters
1.1.15 Diseases caused by alcohols, glycols or ketones
1.1.16 Diseases caused by asphyxiants: carbon monoxide, hydrogen cyanide or its toxic derivatives, hydrogen sulphide
1.1.17 Diseases caused by acrylonitrile
1.1.18 Diseases caused by oxides of nitrogen
1.1.19 Diseases caused by vanadium or its toxic compounds
1.1.20 Diseases caused by antimony or its toxic compounds
1.1.21 Diseases caused by hexane
1.1.22 Diseases of teeth due to mineral acids
1.1.23 Diseases due to pharmaceutical agents
1.1.24 Diseases due to thallium or its compounds
1.1.25 Diseases due to oxmium or its compounds
1.1.26 Diseases due to selenium or its compounds
1.1.27 Diseases due to copper or its compounds
1.1.28 Diseases due to tin or its compounds
1.1.29 Diseases due to zinc or its compounds
1.1.30 Diseases due to ozone, phosgene
1.1.31 Diseases due to irritants: benzo quinone and other corneal irritants
1.1.32 Diseases caused by any other chemical agents not mentioned in the preceding items 1.1.1 to 1.1.31, where a link between the exposure of a worker to these chemical agents and the diseases suffered is established
1.2 Diseases caused by physical agents
1.2.1 Hearing impairment caused by noise
1.2.2 Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral blood vessels or peripheral nerves)
1.2.3 Diseases caused by work in compressed air
1.2.4 Diseases caused by ionizing radiations
1.2.5 Diseases caused by heat radiation
1.2.6 Diseases caused by ultraviolet radiation
1.2.7 Diseases due to extreme temperature (e.g. sunstroke, frostbite)
1.2.8 Diseases caused by any other physical agents not mentioned in the preceding items 1.2.1 to 1.2.7, where a direct link between the exposure of a worker to these physical agents and the diseases suffered is established
1.3 Biological agents
1.3.1 Infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination
2. Diseases by target organ systems
2.1 Occupational respiratory diseases
2.1.1 Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silicotuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death
2.1.2 Bronchopulmonary diseases caused by hard metal dust
2.1.3 Bronchopulmonary diseases caused by cotton, flax, hemp or sisal dust (byssinosis)
2.1.4 Occupational asthma caused by recognized sensitizing agents or irritants inherent to the work process
2.1.5 Extrinsic allergic alveolitis caused by the inhalation of organic dusts as prescribed by national legislation
2.1.6 Siderosis
2.1.7 Chronic obstructive pulmonary diseases
2.1.8 Diseases of lung, due to aluminium
2.1.9 Upper airways disorders caused by recognized sensitizing agents or irritants inherent to the work process
2.1.10 Any other respiratory disease not mentioned in the preceding items 2.1.1 to 2.1.9, caused by an agent where a direct link between the exposure of a worker to this agent and the disease suffered is established
2.2 Occupational skin diseases
2.2.1 Skin diseases caused by physical, chemical or biological agents not included under other items
2.2.2 Occupational vitiligo
2.3 Occupational musculo-skeletal disorders
2.3.1 Musculo-skeletal diseases caused by specific work activities or work environment where particular risk factors are present Examples of such activities or environment include:
(a) rapid or repetitive motion
(b) forceful exertion
(c) excessive mechanical force concentration
(d) awkward or non-neutral postures
(e) vibration Local or environmental cold may potentiate risk
3. Occupational cancer
3.1 Cancer caused by the following agents:
3.1.1 Asbestos
3.1.2 Benzidine and salts
3.1.3 Bis chloromethyl ether (BCME)
3.1.4 Chromium and chromium compounds
3.1.5 Coal tars and coal tar pitches; soot
3.1.6 Betanaphthylamine
3.1.7 Vinyl chloride
3.1.8 Benzene or its toxic homologues
3.1.9 Toxic nitro- and amino-derivatives of benzene or its homologues
3.1.10 Ionizing radiations
3.1.11 Tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances
3.1.12 Coke oven emissions
3.1.13 Compounds of nickel
3.1.14 Dust from wood
3.1.15 Cancer caused by any other agents not mentioned in the preceding items 3.1.1 to 3.1.14, where a direct link between the exposure of a worker to this agent and the cancer suffered is established
4. Others
4.1 Miners' nystagmus

WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT
R.S.N.L. 1990, c. W-11

Part IV COMPENSATION AND RIGHT OF ACTION

Section 53 Notice of accident

53. (1) Compensation is not payable in relation to a worker unless

(a) he or she, or another person on behalf of the worker, gives notice of the injury to his or her employer immediately after the occurrence of the injury and before he or she has voluntarily left the employment in which he or she was injured; and

(b) the claim for compensation is made

(i) within 3 months from the occurrence of the injury,

(ii) in the case of an industrial disease, within 3 months after the worker knew, or ought reasonably to have known, that he or she suffers from the disease, and

(iii) in case of death, within 6 months after the date of death.

(2) The Lieutenant-Governor in Council may, by order, extend the limitation period for making a claim for compensation in respect of an injury described in the order, with effect from the date of the order or an earlier or later date that may be set out in the order.

(3) The notice given under subsection (1) shall give the name and address of the worker and shall be sufficient if it states in ordinary language the cause of the injury and where the injury occurred.

(4) Repealed. [S.N.L. 2009, c. 7, s. 5]

[S.N.L. 1998, c. 19, s. 11; 2009, c. 7, s. 5]

Section 56 Duties of employer

56. (1) An employer shall, within 3 days after the occurrence of an injury to a worker in his or her employment as a result of which the worker is disabled from earning full wages or the worker is entitled to medical aid, notify the commission in writing of

(a) the occurrence of the injury and nature of it;

(b) the time when the injury occurred;

(c) the name and address of the worker;

(d) the place where the injury occurred;

(e) the name and address of the doctor who looks after the injury; and

(f) other particulars required by the commission.

(2) An employer shall make further and other reports respecting the injury and workers that may be required by the commission.

(3) Where an employer fails to notify the commission of the occurrence of an injury the commission may in relation to compensation paid in respect of that injury charge the cost of the claim against the experience record of that employer.