Workplace Health and Safety in Canada

Act: Canada Labour Code, R.S.C. 1985, c. L-2
Regulation: Canada Occupational Safety and Health Regulations, SOR/86-304, as amended;Oil and Gas Occupational Safety and Health Regulations, SOR/ 87-612, as amended;Marine Occupational Safety and Health Regulations, SOR/87-183, as amended;Aviation Occupational Safety and Health Regulations, SOR/87-182, as amended;On Board Trains Occupational Safety and Health Regulations, SOR/87-184;Coal Mines (CBDC) Occupational Safety and Health Regulations, SOR/90-97;Coal Mining Safety Commission Regulations, SOR/90-98;Safety and Health Committees and Representatives, SOR/86-305

To Whom Does This Apply?

Employers and employees involved in federal works, undertakings and businesses, known as federal jurisdiction.

Eligible Activities

These are businesses and organizations whose main activities include:

• railways, road transport, ferries, canals, tunnels, and bridges that extend beyond the border of a province or Canada;
• air transport, aircraft operations, and aerodromes;
• shipping and shipping services;
• telephone, telegraph, and cable systems;
• radio and television broadcasting;
• banks;
• pipelines;
• most grain elevators; flour and seed mill, feed warehouses and grain-seed cleaning plants;
• uranium mining and processing; and
• most federal Crown corporations, such as Canada Post Corporation and Canada Mortgage and Housing Corporation.

Note: Part II of the Canada Labour Code does not apply to certain undertakings regulated by the Nuclear Safety and Control Act.

Summary

The Canada Labour Code (CLC) governs, among other items, occupational safety and health in federal works, undertakings and businesses including employment on ships, trains and aircraft while in operation, and employment in the oil and gas industry in Canada Lands. More specifically, Part II of the CLC is intended to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment.

Part II of the Canada Labour Code provides an employee with three fundamental rights:

• the right to know;
• the right to participate; and
• the right to refuse.

Purpose of Part II of the Canada Labour Code:

• Under subsection 122.1, the purpose of the Canada Labour Code, Part II 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.
• Under subsection 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.

Safety and Health Committees and Representatives Regulations

Work Place Health and Safety Committees
Work place health and safety committees must be established in work places where there are 20 or more employees. At least half of the committee members must be employees who do not have managerial functions.

Policy Health and Safety Committees
Policy health and safety committees must be established where an employer has 300 or more employees. The intent of this committee is to take a more strategic approach to health and safety in an organization by dealing with global issues.

Health and Safety Representatives
In work places where there are fewer than 20 employees or in work places exempted from the committee requirement, there must be a health and safety representative.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

New Brunswick Contact(s):
Regional Office and the Labour Service Centre
Labour Program
Human Resources and Social Development Canada
1st Floor
1045 Main Street
P.O. Box 1166
Moncton, New Brunswick  E1C 8P9
Fax: 506-851-6645
Toll-free (information): 1-800-641-4049
Web site: http://www.hrsdc.gc.ca/en/home.shtml

National Contact(s):
See regional contact(s).