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Bill C-12

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48-49 ELIZABETH II

CHAPTER 20

An Act to amend the Canada Labour Code (Part II) in respect of occupational health and safety, to make technical amendments to the Canada Labour Code (Part I) and to make consequential amendments to other Acts

[Assented to 29th June, 2000]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

PART 1

R.S., c. L-2

CANADA LABOUR CODE (PART II)

Amendments

R.S., c. 9 (1st Supp.), s. 1

1. The heading of Part II of the Canada Labour Code is replaced by the following:

OCCUPATIONAL HEALTH AND SAFETY

R.S., c. 9 (1st Supp.), s. 1

2. (1) The definitions ``regional safety officer'', ``safety and health committee'', ``safety and health representative'' and ``safety officer'' in subsection 122(1) of the Act are repealed.

R.S., c. 24 (3rd Supp.), s. 3(1)

(2) The definition ``substance hasardeuse'' in subsection 122(1) of the French version of the Act is repealed.

R.S., c. 9 (1st Supp.), s. 1

(3) The definition ``danger'' in subsection 122(1) of the Act is replaced by the following:

``danger''
« danger »

``danger'' means any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system;

1993, c. 42, s. 3

(4) The definition ``prescribe'' in subsection 122(1) of the Act is replaced by the following:

``prescribe''
« règlement »

``prescribe'' means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council;

(5) Subsection 122(1) of the Act is amended by adding the following in alphabetical order:

``appeals officer''
« agent d'appel »

``appeals officer'' means a person who is designated as an appeals officer under section 145.1;

``health and safety officer''
« agent de santé et de sécurité »

``health and safety officer'' means a person who is designated as a health and safety officer under section 140;

``health and safety representa-
tive''
« représen-
tant
»

``health and safety representative'' means a person who is appointed as a health and safety representative under section 136;

``policy committee''
« comité d'orientation »

``policy committee'' means a policy health and safety committee established under section 134.1;

``regional health and safety officer''
« agent régional de santé et de sécurité »l

``regional health and safety officer'' means a person who is designated as a regional health and safety officer under section 140;

``safety''
« sécurité »

``safety'' means protection from danger and hazards arising out of, linked with or occurring in the course of employment;

``work place committee''
« comité local »

``work place committee'' means a work place health and safety committee established under section 135.

(6) Subsection 122(1) of the French version of the Act is amended by adding the following in alphabetical order:

« substance dangereuse »
``hazardous substance''

« substance dangereuse » Sont assimilés à des substances dangereuses les agents chimiques, biologiques ou physiques dont une propriété présente un risque pour la santé ou la sécurité de quiconque y est exposé, ainsi que les produits contrôlés.

3. The Act is amended by adding the following after section 122.1:

Preventive measures

122.2 Preventive measures should consist first of the elimination of hazards, then the reduction of hazards and finally, the provision of personal protective equipment, clothing, devices or materials, all with the goal of ensuring the health and safety of employees.

Methods of Communication

Rights of Employees

122.3 (1) An employee with a special need shall be given any direction, notice, information, instruction or training that is required to be given to employees under this Part by any method of communication that readily permits the employee to receive it, including braille, large print, audio tape, computer disk, sign language and verbal communication.

Meaning of ``special need''

(2) For the purposes of this section, an employee has a special need if the employee is affected by a condition that impairs their ability to receive any direction, notice, information, instruction or training given by a method that would otherwise be sufficient under this Part.

R.S., c. 9 (1st Supp.), s. 2

4. Subsection 123(2) of the Act is replaced by the following:

Application to public service of Canada

(2) This Part applies to the public service of Canada and to persons employed in the public service of Canada to the extent provided for under section 11 of the Financial Administration Act.

R.S., c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 4; 1993, c. 42, s. 4(F)

5. Sections 124 and 125 of the Act are replaced by the following:

General duty of employer

124. Every employer shall ensure that the health and safety at work of every person employed by the employer is protected.

Specific duties of employer

125. (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,

    (a) ensure that all permanent and temporary buildings and structures meet the prescribed standards;

    (b) install guards, guard-rails, barricades and fences in accordance with prescribed standards;

    (c) investigate, record and report in the manner and to the authorities as prescribed all accidents, occupational diseases and other hazardous occurrences known to the employer;

    (d) post at a place accessible to every employee and at every place directed by a health and safety officer

      (i) a copy of this Part,

      (ii) a statement of the employer's general policy concerning the health and safety at work of employees, and

      (iii) any other printed material related to health and safety that may be directed by a health and safety officer or that is prescribed;

    (e) make readily available to employees for examination, in printed or electronic form, a copy of the regulations made under this Part that apply to the work place;

    (f) if a copy of the regulations is made available in electronic form, provide appropriate training to employees to enable them to have access to the regulations and, on the request of an employee, make a printed copy of the regulations available;

    (g) keep and maintain in prescribed form and manner prescribed health and safety records;

    (h) provide prescribed first-aid facilities and health services;

    (i) provide prescribed sanitary and personal facilities;

    (j) provide, in accordance with prescribed standards, potable water;

    (k) ensure that the vehicles and mobile equipment used by the employees in the course of their employment meet prescribed standards;

    (l) provide every person granted access to the work place by the employer with prescribed safety materials, equipment, devices and clothing;

    (m) ensure that the use, operation and maintenance of the following are in accordance with prescribed standards:

      (i) boilers and pressure vessels,

      (ii) escalators, elevators and other devices for moving persons or freight,

      (iii) all equipment for the generation, distribution or use of electricity,

      (iv) gas or oil burning equipment or other heat generating equipment, and

      (v) heating, ventilation and air-conditioning systems;

    (n) ensure that the levels of ventilation, lighting, temperature, humidity, sound and vibration are in accordance with prescribed standards;

    (o) comply with prescribed standards relating to fire safety and emergency measures;

    (p) ensure, in the prescribed manner, that employees have safe entry to, exit from and occupancy of the work place;

    (q) provide, in the prescribed manner, each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work;

    (r) maintain all installed guards, guard-rails, barricades and fences in accordance with prescribed standards;

    (s) ensure that each employee is made aware of every known or foreseeable health or safety hazard in the area where the employee works;

    (t) ensure that the machinery, equipment and tools used by the employees in the course of their employment meet prescribed health, safety and ergonomic standards and are safe under all conditions of their intended use;

    (u) ensure that the work place, work spaces and procedures meet prescribed ergonomic standards;

    (v) adopt and implement prescribed safety codes and safety standards;

    (w) ensure that every person granted access to the work place by the employer is familiar with and uses in the prescribed circumstances and manner all prescribed safety materials, equipment, devices and clothing;

    (x) comply with every oral or written direction given to the employer by an appeals officer or a health and safety officer concerning the health and safety of employees;

    (y) ensure that the activities of every person granted access to the work place do not endanger the health and safety of employees;

    (z) ensure that employees who have supervisory or managerial responsibilities are adequately trained in health and safety and are informed of the responsibilities they have under this Part where they act on behalf of their employer;

    (z.01) ensure that members of policy and work place committees and health and safety representatives receive the prescribed training in health and safety and are informed of their responsibilities under this Part;

    (z.02) respond as soon as possible to reports made by employees under paragraph 126(1)(g);

    (z.03) develop, implement and monitor, in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative, a prescribed program for the prevention of hazards in the work place appropriate to its size and the nature of the hazards in it that also provides for the education of employees in health and safety matters;

    (z.04) where the program referred to in paragraph (z.03) does not cover certain hazards unique to a work place, develop, implement and monitor, in consultation with the work place committee or the health and safety representative, a prescribed program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards;

    (z.05) consult the policy committee or, if there is no policy committee, the work place committee or the health and safety representative to plan the implementation of changes that might affect occupational health and safety, including work processes and procedures;

    (z.06) consult the work place committee or the health and safety representative in the implementation of changes that might affect occupational health and safety, including work processes and procedures;

    (z.07) ensure the availability in the work place of premises, equipment and personnel necessary for the operation of the policy and work place committees;

    (z.08) cooperate with the policy and work place committees or the health and safety representative in the execution of their duties under this Part;

    (z.09) develop health and safety policies and programs in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative;

    (z.10) respond in writing to recommendations made by the policy and work place committees or the health and safety representative within thirty days after receiving them, indicating what, if any, action will be taken and when it will be taken;

    (z.11) provide to the policy committee, if any, and to the work place committee or the health and safety representative, a copy of any report on hazards in the work place, including an assessment of those hazards;

    (z.12) ensure that the work place committee or the health and safety representative inspects each month all or part of the work place, so that every part of the work place is inspected at least once each year;

    (z.13) when necessary, develop, implement and monitor a program for the provision of personal protective equipment, clothing, devices or materials, in consultation, except in emergencies, with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative;

    (z.14) take all reasonable care to ensure that all of the persons granted access to the work place, other than the employer's employees, are informed of every known or foreseeable health or safety hazard to which they are likely to be exposed in the work place;

    (z.15) meet with the health and safety representative as necessary to address health and safety matters;

    (z.16) take the prescribed steps to prevent and protect against violence in the work place;

    (z.17) post and keep posted, in a conspicuous place or places where they are likely to come to the attention of employees, the names, work place telephone numbers and work locations of all of the members of work place committees or of the health and safety representative;

    (z.18) provide, within thirty days after receiving a request, or as soon as possible after that, the information requested from the employer by a policy committee under subsection 134.1(5) or (6), by a work place committee under subsection 135(8) or (9) or by a health and safety representative under subsection 136(6) or (7); and

    (z.19) consult with the work place committee or the health and safety representative on the implementation and monitoring of programs developed in consultation with the policy committee.

Exception

(2) Paragraph (1)(z.17) does not apply to an employer who controls

    (a) a single work place at which fewer than twenty employees are normally employed, if all of those employees and the health and safety representative normally work at the same time and in the same location; or