122. (1) In this Part,

“appeals officer” means a person who is designated as an appeals officer under section 145.1;

“Board” means the Canada Industrial Relations Board established by section 9;

“collective agreement” has the same meaning as in section 166;

“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;

“employee” means a person employed by an employer;

“employer” means a person who employs one or more employees and includes an employers’ organization and any person who acts on behalf of an employer;

“hazardous substance” includes a controlled product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it;

“health and safety officer” means a person who is designated as a health and safety officer under section 140;

“health and safety representative” means a person who is appointed as a health and safety representative under section 136;

“policy committee” means a policy health and safety committee established under section 134.1;

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

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

[Repealed, 2000, c. 20, s. 2]

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

[Repealed, 2000, c. 20, s. 2]

[Repealed, 2000, c. 20, s. 2]

[Repealed, 2000, c. 20, s. 2]

“work place” means any place where an employee is engaged in work for the employee’s employer;

“work place committee” means a work place health and safety committee established under section 135.

(2) In this Part, the expressions “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” have the same meanings as in the Hazardous Products Act.

(3) Except where otherwise provided in this Part, all other words and expressions have the same meanings as in Part I.

R.S., 1985, c. L-2, s. 122; R.S., 1985, c. 9 (1st Supp.), s. 1, c. 24 (3rd Supp.), s. 3; 1993, c. 42, s. 3; 1998, c. 26, s. 55; 2000, c. 20, s. 2.

122.1 The purpose of this Part is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which this Part applies.

R.S., 1985, c. 9 (1st Supp.), s. 1.

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.

2000, c. 20, s. 3.

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.

(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.

2000, c. 20, s. 3.

123. (1) Notwithstanding any other Act of Parliament or any regulations thereunder, this Part applies to and in respect of employment

(a) on or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

(b) by a corporation established to perform any function or duty on behalf of the Government of Canada; and

(c) by a Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.

(2) This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Public Service Labour Relations Act.

R.S., 1985, c. L-2, s. 123; R.S., 1985, c. 9 (1st Supp.), s. 2; 1993, c. 28, s. 78, c. 38, s. 89; 2000, c. 20, s. 4; 2002, c. 7, s. 97(E); 2003, c. 22, s. 110.

123.1 [Repealed, 1996, c. 12, s. 2]

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

R.S., 1985, c. L-2, s. 124; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 5.

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.

(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

(b) a single work place at which only one employee is normally employed.

R.S., 1985, c. L-2, s. 125; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 4; 1993, c. 42, s. 4(F); 2000, c. 20, s. 5.

125.1 Without restricting the generality of section 124 or limiting the duties of an employer under section 125 but subject to any exceptions that may be prescribed, 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 concentrations of hazardous substances in the work place are controlled in accordance with prescribed standards;

(b) ensure that all hazardous substances in the work place are stored and handled in the manner prescribed;

(c) ensure that all hazardous substances in the work place, other than controlled products, are identified in the manner prescribed;

(d) subject to the Hazardous Materials Information Review Act, ensure that each controlled product in the work place or each container in the work place in which a controlled product is contained has applied to it a label that discloses prescribed information and has displayed on it, in the manner prescribed, all applicable prescribed hazard symbols;

(e) subject to the Hazardous Materials Information Review Act, make available to every employee, in the prescribed manner, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,

(i) if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any ingredient of it that is a controlled product and the concentration of that ingredient,

(ii) if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in the Ingredient Disclosure List for that ingredient, the chemical identity and concentration of that ingredient,

(iii) the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee and the concentration of that ingredient,

(iv) the chemical identity of any ingredient of the controlled product the toxicological properties of which are not known to the employer and the concentration of that ingredient, and

(v) any other information with respect to the controlled product that may be prescribed;

(f) where employees may be exposed to hazardous substances, investigate and assess the exposure in the manner prescribed, with the assistance of the work place committee or the health and safety representative; and

(g) ensure that all records of exposure to hazardous substances are kept and maintained in the prescribed manner and that personal records of exposure are made available to the affected employees.

R.S., 1985, c. 24 (3rd Supp.), s. 5; 1993, c. 42, s. 5(F); 2000, c. 20, s. 6.

125.2 (1) An 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 that activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as is practicable in the circumstances, any information referred to in paragraph 125.1(e) that is in the employer’s possession to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

(2) Any physician or other prescribed medical professional to whom information is provided by an employer pursuant to subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.

R.S., 1985, c. 24 (3rd Supp.), s. 5; 2000, c. 20, s. 7.

125.3 (1) Every employer of employees employed in a coal mine shall

(a) comply with every condition imposed on the employer pursuant to paragraph 137.2(2)(b) or (3)(a);

(b) comply with every provision substituted for a provision of the regulations, in respect of the employer, pursuant to paragraph 137.2(3)(b);

(c) permit inspections and tests to be carried out on behalf of the employees, in any part of the mine and on any machinery or equipment therein, in the prescribed manner and at intervals not greater than the prescribed interval; and

(d) as a condition of carrying out any activity for which the submission of plans and procedures is prescribed, submit to the Coal Mining Safety Commission for approval, in the form and manner and at the time prescribed, plans and procedures relating to that activity and carry out the activity in conformity with plans and procedures as approved.

(2) No employer shall require or permit the use in a coal mine of any mining method, machinery or equipment in respect of which no prescribed safety standards are applicable unless the use thereof has been approved pursuant to paragraph 137.2(2)(a).

(3) Every employer of employees employed in a coal mine shall, at intervals not greater than the prescribed interval, for the purpose of preventing alcohol, articles for use in smoking and drugs, other than drugs exempted by the regulations, from being brought into the mine,

(a) require every person entering an underground portion of the mine who is not employed there to submit to a personal search conducted in the prescribed manner; and

(b) require a proportion, not less than the prescribed proportion, of employees employed in the underground portions of the mine to submit to personal searches conducted in the prescribed manner.

(4) For the purposes of this section and section 137.2, “coal mine” includes any work place above ground that is used in the operation of the mine and is under the control of the employer of employees employed in the mine.

R.S., 1985, c. 26 (4th Supp.), s. 1.

126. (1) While at work, every employee shall

(a) use any safety materials, equipment, devices and clothing that are intended for the employee’s protection and furnished to the employee by the employer or that are prescribed;

(b) follow prescribed procedures with respect to the health and safety of employees;

(c) take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee’s acts or omissions;

(d) comply with all instructions from the employer concerning the health and safety of employees;

(e) cooperate with any person carrying out a duty imposed under this Part;

(f) cooperate with the policy and work place committees or the health and safety representative;

(g) report to the employer any thing or circumstance in a work place that is likely to be hazardous to the health or safety of the employee, or that of the other employees or other persons granted access to the work place by the employer;

(h) report in the prescribed manner every accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person;

(i) comply with every oral or written direction of a health and safety officer or an appeals officer concerning the health and safety of employees; and

(j) report to the employer any situation that the employee believes to be a contravention of this Part by the employer, another employee or any other person.

(2) Nothing in subsection (1) relieves an employer from any duty imposed on the employer under this Part.

(3) No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer, as requested by the employer, in providing first-aid or in carrying out any other emergency measures.

R.S., 1985, c. L-2, s. 126; R.S., 1985, c. 9 (1st Supp.), s. 4; 1993, c. 42, s. 6(F); 2000, c. 20, s. 8.

127. (1) Subject to subsection (2), if an employee is killed or seriously injured in a work place, no person shall, unless authorized to do so by a health and safety officer, remove or in any way interfere with or disturb any wreckage, article or thing related to the incident except to the extent necessary to

(a) save a life, prevent injury or relieve human suffering in the vicinity;

(b) maintain an essential public service; or

(c) prevent unnecessary damage to or loss of property.

(2) No authorization referred to in subsection (1) is required where an employee is killed or seriously injured by an accident or incident involving

(a) an aircraft, a ship, rolling stock or a pipeline, where the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act or the Canadian Transportation Accident Investigation and Safety Board Act; or

(b) a motor vehicle on a public highway.

R.S., 1985, c. L-2, s. 127; R.S., 1985, c. 9 (1st Supp.), s. 4; 1989, c. 3, s. 45; 1996, c. 10, s. 235; 1998, c. 20, s. 29; 2000, c. 20, s. 9.

127.1 (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident or injury to health arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by sections 128, 129 and 132, make a complaint to the employee’s supervisor.

(2) The employee and the supervisor shall try to resolve the complaint between themselves as soon as possible.

(3) The employee or the supervisor may refer an unresolved complaint to a chairperson of the work place committee or to the health and safety representative to be investigated jointly

(a) by an employee member and an employer member of the work place committee; or

(b) by the health and safety representative and a person designated by the employer.

(4) The persons who investigate the complaint shall inform the employee and the employer in writing, in the form and manner prescribed if any is prescribed, of the results of the investigation.

(5) The persons who investigate a complaint may make recommendations to the employer with respect to the situation that gave rise to the complaint, whether or not they conclude that the complaint is justified.

(6) If the persons who investigate the complaint conclude that the complaint is justified, the employer, on being informed of the results of the investigation, shall in writing and without delay inform the persons who investigated the complaint of how and when the employer will resolve the matter, and the employer shall resolve the matter accordingly.

(7) If the persons who investigate the complaint conclude that a danger exists as described in subsection 128(1), the employer shall, on receipt of a written notice, ensure that no employee use or operate the machine or thing, work in the place or perform the activity that constituted the danger until the situation is rectified.

(8) The employee or employer may refer a complaint that there has been a contravention of this Part to a health and safety officer in the following circumstances:

(a) where the employer does not agree with the results of the investigation;

(b) where the employer has failed to inform the persons who investigated the complaint of how and when the employer intends to resolve the matter or has failed to take action to resolve the matter; or

(c) where the persons who investigated the complaint do not agree between themselves as to whether the complaint is justified.

(9) The health and safety officer shall investigate, or cause another health and safety officer to investigate, the complaint referred to the officer under subsection (8).

(10) On completion of the investigation, the health and safety officer

(a) may issue directions to an employer or employee under subsection 145(1);

(b) may, if in the officer’s opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or

(c) shall, if the officer concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2).

(11) For greater certainty, nothing in this section limits a health and safety officer’s authority under section 145.

2000, c. 20, s. 10.

128. (1) Subject to this section, an employee may refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that

(a) the use or operation of the machine or thing constitutes a danger to the employee or to another employee;

(b) a condition exists in the place that constitutes a danger to the employee; or

(c) the performance of the activity constitutes a danger to the employee or to another employee.

(2) An employee may not, under this section, refuse to use or operate a machine or thing, to work in a place or to perform an activity if

(a) the refusal puts the life, health or safety of another person directly in danger; or

(b) the danger referred to in subsection (1) is a normal condition of employment.

(3) If an employee on a ship or an aircraft that is in operation has reasonable cause to believe that

(a) the use or operation of a machine or thing on the ship or aircraft constitutes a danger to the employee or to another employee,

(b) a condition exists in a place on the ship or aircraft that constitutes a danger to the employee, or

(c) the performance of an activity on the ship or aircraft by the employee constitutes a danger to the employee or to another employee,

the employee shall immediately notify the person in charge of the ship or aircraft of the circumstances of the danger and the person in charge shall, as soon as is practicable after having been so notified, having regard to the safe operation of the ship or aircraft, decide whether the employee may discontinue the use or operation of the machine or thing or cease working in that place or performing that activity and shall inform the employee accordingly.

(4) An employee who, under subsection (3), is informed that the employee may not discontinue the use or operation of a machine or thing or cease to work in a place or perform an activity shall not, while the ship or aircraft on which the employee is employed is in operation, refuse under this section to use or operate the machine or thing, work in that place or perform that activity.

(5) For the purposes of subsections (3) and (4),

(a) a ship is in operation from the time it casts off from a wharf in a Canadian or foreign port until it is next secured alongside a wharf in Canada; and

(b) an aircraft is in operation from the time it first moves under its own power for the purpose of taking off from a Canadian or foreign place of departure until it comes to rest at the end of its flight to its first destination in Canada.

(6) An employee who refuses to use or operate a machine or thing, work in a place or perform an activity under subsection (1), or who is prevented from acting in accordance with that subsection by subsection (4), shall report the circumstances of the matter to the employer without delay.

(7) Where an employee makes a report under subsection (6), the employee, if there is a collective agreement in place that provides for a redress mechanism in circumstances described in this section, shall inform the employer, in the prescribed manner and time if any is prescribed, whether the employee intends to exercise recourse under the agreement or this section. The selection of recourse is irrevocable unless the employer and employee agree otherwise.

(8) If the employer agrees that a danger exists, the employer shall take immediate action to protect employees from the danger. The employer shall inform the work place committee or the health and safety representative of the matter and the action taken to resolve it.

(9) If the matter is not resolved under subsection (8), the employee may, if otherwise entitled to under this section, continue the refusal and the employee shall without delay report the circumstances of the matter to the employer and to the work place committee or the health and safety representative.

(10) An employer shall, immediately after being informed of the continued refusal under subsection (9), investigate the matter in the presence of the employee who reported it and of

(a) at least one member of the work place committee who does not exercise managerial functions;

(b) the health and safety representative; or

(c) if no person is available under paragraph (a) or (b), at least one person from the work place who is selected by the employee.

(11) If more than one employee has made a report of a similar nature under subsection (9), those employees may designate one employee from among themselves to be present at the investigation.

(12) An employer may proceed with an investigation in the absence of the employee who reported the matter if that employee or a person designated under subsection (11) chooses not to be present.

(13) If an employer disputes a matter reported under subsection (9) or takes steps to protect employees from the danger, and the employee has reasonable cause to believe that the danger continues to exist, the employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity. On being informed of the continued refusal, the employer shall notify a health and safety officer.

(14) An employer shall inform the work place committee or the health and safety representative of any steps taken by the employer under subsection (13).

R.S., 1985, c. L-2, s. 128; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10.

128.1 (1) Unless otherwise provided in a collective agreement or other agreement, employees who are affected by a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during the stoppage until work resumes or until the end of the scheduled work period or shift, whichever period is shorter.

(2) Unless otherwise provided in a collective agreement or other agreement, employees who are due to work on a scheduled work period or shift after a shift during which there has been a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during their work period or shift, unless they have been given at least one hour’s notice not to attend work.

(3) An employer may assign reasonable alternative work to employees who are deemed under subsection (1) or (2) to be at work.

(4) Unless otherwise provided in a collective agreement or other agreement, employees who are paid wages or benefits under subsection (1) or (2) may be required by the employer to repay those wages and benefits if it is determined, after all avenues of redress have been exhausted by the employee who exercised rights under section 128 or 129, that the employee exercised those rights knowing that no circumstances existed that would warrant it.

2000, c. 20, s. 10.

129. (1) On being notified that an employee continues to refuse to use or operate a machine or thing, work in a place or perform an activity under subsection 128(13), the health and safety officer shall without delay investigate or cause another officer to investigate the matter in the presence of the employer, the employee and one other person who is

(a) an employee member of the work place committee;

(b) the health and safety representative; or

(c) if a person mentioned in paragraph (a) or (b) is not available, another employee from the work place who is designated by the employee.

(2) If the investigation involves more than one employee, those employees may designate one employee from among themselves to be present at the investigation.

(3) A health and safety officer may proceed with an investigation in the absence of any person mentioned in subsection (1) or (2) if that person chooses not to be present.

(4) A health and safety officer shall, on completion of an investigation made under subsection (1), decide whether the danger exists and shall immediately give written notification of the decision to the employer and the employee.

(5) Before the investigation and decision of a health and safety officer under this section, the employer may require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity referred to in subsection (1) unless

(a) the other employee is qualified for the work;

(b) the other employee has been advised of the refusal of the employee concerned and of the reasons for the refusal; and

(c) the employer is satisfied on reasonable grounds that the other employee will not be put in danger.

(6) If a health and safety officer decides that the danger exists, the officer shall issue the directions under subsection 145(2) that the officer considers appropriate, and an employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity until the directions are complied with or until they are varied or rescinded under this Part.

(7) If a health and safety officer decides that the danger does not exist, the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to an appeals officer within ten days after receiving notice of the decision.

R.S., 1985, c. L-2, s. 129; R.S., 1985, c. 9 (1st Supp.), s. 4; 1993, c. 42, s. 7(F); 2000, c. 20, s. 10.

130. The Minister may, on the joint application of the parties to a collective agreement, if the Minister is satisfied that the agreement contains provisions that are at least as effective as those under sections 128 and 129 in protecting the employees to whom the agreement relates from danger to their health or safety, exclude the employees from the application of those sections for the period during which the agreement remains in force.

R.S., 1985, c. L-2, s. 130; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10.

131. The fact that an employer or employee has complied with or failed to comply with any of the provisions of this Part may not be construed as affecting any right of an employee to compensation under any statute relating to compensation for employment injury or illness, or as affecting any liability or obligation of any employer or employee under any such statute.

R.S., 1985, c. L-2, s. 131; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10.

132. (1) In addition to the rights conferred by section 128 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child. On being informed of the cessation, the employer, with the consent of the employee, shall notify the work place committee or the health and safety representative.

(2) The employee must consult with a qualified medical practitioner, as defined in section 166, of her choice as soon as possible to establish whether continuing any of her current job functions poses a risk to her health or to that of the foetus or child.

(3) Without prejudice to any other right conferred by this Act, by a collective agreement or other agreement or by any terms and conditions of employment, once the medical practitioner has established whether there is a risk as described in subsection (1), the employee may no longer cease to perform her job under subsection (1).

(4) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of the foetus or child.

(5) The employee, whether or not she has been reassigned to another job, is deemed to continue to hold the job that she held at the time she ceased to perform her job functions and shall continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.

R.S., 1985, c. L-2, s. 132; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10.

133. (1) An employee, or a person designated by the employee for the purpose, who alleges that an employer has taken action against the employee in contravention of section 147 may, subject to subsection (3), make a complaint in writing to the Board of the alleged contravention.

(2) The complaint shall be made to the Board not later than ninety days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

(3) A complaint in respect of the exercise of a right under section 128 or 129 may not be made under this section unless the employee has complied with subsection 128(6) or a health and safety officer has been notified under subsection 128(13), as the case may be, in relation to the matter that is the subject-matter of the complaint.

(4) Notwithstanding any law or agreement to the contrary, a complaint made under this section may not be referred by an employee to arbitration or adjudication.

(5) On receipt of a complaint made under this section, the Board may assist the parties to the complaint to settle the complaint and shall, if it decides not to so assist the parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances, hear and determine the complaint.

(6) A complaint made under this section in respect of the exercise of a right under section 128 or 129 is itself evidence that the contravention actually occurred and, if a party to the complaint proceedings alleges that the contravention did not occur, the burden of proof is on that party.

R.S., 1985, c. L-2, s. 133; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10.

134. If, under subsection 133(5), the Board determines that an employer has contravened section 147, the Board may, by order, require the employer to cease contravening that section and may, if applicable, by order, require the employer to

(a) permit any employee who has been affected by the contravention to return to the duties of their employment;

(b) reinstate any former employee affected by the contravention;

(c) pay to any employee or former employee affected by the contravention compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the contravention, have been paid by the employer to the employee or former employee; and

(d) rescind any disciplinary action taken in respect of, and pay compensation to any employee affected by, the contravention, not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer.

R.S., 1985, c. L-2, s. 134; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10.