OHS Policies and Programs
Highlighted words reveal definitions when selected.
Every worker in Newfoundland and Labrador has the right to a healthy and safe workplace. An Occupational Health and Safety (OHS) policy or program outlines what is acceptable from a health and safety perspective at a specific workplace. It demonstrates that an organization takes the health and safety of its employees seriously, showing commitment and building trust. They are also essential to create a positive health and safety culture in a workplace.
An OHS policy must communicate the employer's commitment to a healthy and safe workforce, be signed by senior management, be reviewed regularly, and updated as needed. When drafting such policies, it is important to incorporate the responsibilities of all workplace parties (employer, supervisor, worker, etc.).
An OHS program is a system to manage health and safety issues in the workplace. It must include an OHS policy, as well as additional elements necessary to prevent injury and illness at the specific workplace. Like an OHS policy, a program must be reviewed regularly and updated as needed.
Employer Responsibilities
Employers must determine if they need an OHS policy or program based on the number of workers employed at each work site.
- Where less than 10 workers are employed at a workplace, the employer must establish an OHS policy. [OHS Act, s. 36.2(1)]
- Where 10 or more workers are employed at a workplace, the employer must establish an OHS program. [OHS Act, s. 36.1(1)]
OHS Policy
Employers must:
- Establish and maintain an OHS policy (in writing), where less than 10 workers are employed at a workplace. This policy must be developed in consultation with the Worker Health and Safety Representative or Designate. [OHS Act, s. 36.2(1) and (2)]
- Post the OHS Policy in a prominent location in the workplace. [OHS Act, s. 36.2(2)]
OHS Program
Employers must establish and maintain an OHS program (in writing) where 10 or more workers are employed at a workplace. [OHS Act, s. 36.1(1)] This program must be developed in consultation with the OHS Committee. [OHS Act, s. 36.1(2)]
Where a workplace is required to have an OHS program, it must include: [OHS Regs., s. 12(1)]
- A statement of the employer’s commitment to cooperate with the OHS Committee, Worker Health and Safety Representative or Designate;
- A statement of the responsibilities of the employer, supervisors, workers and the OHS Committee;
- Procedures to identify the need for safe work practices and procedures;
- Written safe work practices and procedures appropriate to the hazards;
- A plan for orientating and training supervisors and workers in job-specific safe work practices and procedures;
- A provision for establishing and maintaining an 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 to ensure supervisors and workers 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 a change to the work that would affect a hazard, and under the direction of an OHS Officer.
Related Topics
- Notifications and reporting
- OHS responsibilities
- OHS Committees, WHS Representatives and Designates
- Three rights of workers
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)]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]
OHS 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. [OHS Act, s. 37]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. [OHS Act, s. 38]
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. [OHS Act, s. 38]
The employer shall appoint sufficient employer representatives to ensure that the committee may function. [OHS Act, s. 38]
The employer and worker members of a committee shall elect a co-chair person from their respective groups. [OHS Act, s. 38]
The employer shall post the names of the committee members in a prominent place at the workplace. [OHS Act, s. 38]
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. [OHS Act, s. 39]
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 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 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.
- OHS Program – Program Elements
- OHS Program Element 1 – What is Leadership and Administration?
- OHS Program Element 2 – What is an OHS Committee, Representative or Designate?
- OHS Program Element 3 – What is OHS education and training?
- OHS Program Element 4 – What is OHS communication?
- OHS Program Element 5 – What are safe work practices and procedures?
- OHS Program Element 6 – What is hazard recognition, evaluation and control?
- OHS Program Element 7 – What are workplace inspections?
- OHS Program Element 8 – What is an incident investigation?
- OHS Program Element 9 – What is emergency preparedness and response?
- OHS Program Element 10 – What is disability management?
- WorkplaceNL - OHS Program
CCOHS
