Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Her Majesty

Marginal note:Binding on Her Majesty

205.002 This Part is binding on Her Majesty in right of Canada or a province.

Application

Marginal note:Application of Part

• 205.003 (1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

• Marginal note:Employees and other passengers in transit

  (2) This Part also applies to employees and other passengers while — and immediately before — being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

Marginal note:Non-application of Parts II and III of Canada Labour Code

205.004 Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Marginal note:Non-application of Canadian Human Rights Act

205.005 The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Marginal note:Non-application of Non-smokers’ Health Act

205.006 The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Marginal note:Application of Newfoundland and Labrador social legislation

• 205.007 (1) Newfoundland and Labrador social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

• Marginal note:Inconsistency or conflict

  (2) In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Newfoundland and Labrador social legislation or any regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.

Marginal note:Application of Labour Relations Act, R.S.N.L. 1990, c. L-1

• 205.008 (1) Despite section 4 of the Canada Labour Code and any other Act of Parliament, the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and any regulations made under it, apply to and in respect of

  • (a) a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area;

  • (b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

  • (c) a dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

• Marginal note:Application of Part I of Canada Labour Code

  (2) Part I of the Canada Labour Code applies to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.

Purpose

Marginal note:Prevention of accidents and injury

• 205.009 (1) The purpose of this Part is to prevent accidents and injury arising out of, linked to or occurring in the course of employment to which this Part applies, in particular by

  • (a) allocating responsibility for occupational health and safety among the Board and the persons, unions and committees having obligations under this Part; and

  • (b) establishing a framework for them to exercise their rights and carry out their obligations.

• Marginal note:Preventive measures

  (2) Preventive measures should first aim at the elimination of hazards, then the reduction of the risks posed by the hazards and finally, the taking of protective measures, all with the goal of ensuring the health and safety of employees.

Allocation of Responsibility

Marginal note:Principles

• 205.01 (1) The allocation of responsibility for occupational health and safety is based on the following principles:

  • (a) operators have overall responsibility; and

  • (b) operators, employers, suppliers, providers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.

• Marginal note:Specific obligations not to limit general obligations

  (2) For greater certainty, the imposition of any specific obligation under this Part shall not be construed as limiting the generality of any other obligation under this Part.

Duties of Operators

Marginal note:Duty to establish occupational health and safety policy

• 205.011 (1) Every operator shall develop an occupational health and safety policy governing its workplaces.

• Marginal note:Contents

  (2) The policy shall be set out in writing and contain

  • (a) the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;

  • (b) the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and

  • (c) any prescribed requirements.

• Marginal note:Duty to review

  (3) The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces.

Marginal note:Duty to take reasonable measures

205.012 Every operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while — and immediately before — being transported on a passenger craft to or from any of those workplaces.

Marginal note:Specific duties — workplace

205.013 Every operator shall, in respect of each of its workplaces,

• (a) ensure the coordination of all work and activities for which an authorization has been issued to the operator;

• (b) comply with its occupational health and safety management system, and ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with that system;

• (c) ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;

• (d) ensure that all employers, supervisors and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;

• (e) ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;

• (f) ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;

• (g) ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use;

• (h) ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;

• (i) ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

• (j) ensure that all employees and other individuals at the workplace are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;

• (k) ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision —  including any that are prescribed — necessary for their health and safety;

• (l) comply with the occupational health and safety requirements of any authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as any measures taken to rectify the failure or to prevent further such failures;

• (m) ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator;

• (n) inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements;

• (o) ensure that members of committees established for the workplace are provided with the support, opportunities and training —  including any that are prescribed — necessary to enable the members to fulfil their duties and functions as a member of the committee;

• (p) cooperate with those committees and facilitate communications between the employees and the committees;

• (q) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition workplace in subsection 205.001(1) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;

• (r) ensure that a record is kept of each inspection referred to in paragraph (q), including any corrective action taken as a consequence; and

• (s) cooperate with the Board and with persons carrying out duties or functions under this Part.

Marginal note:Specific duties — passenger craft

• 205.014 (1) Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,

  • (a) ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and

  • (b) ensure that the employees are provided with the operator’s contact information for the purposes of subsection 205.054(2).

• Marginal note:Specific duty — passenger craft

  (2) Every operator shall ensure that a passenger craft going to or from any of its workplaces

  • (a) meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and

  • (b) is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.

• Marginal note:Specific duties — personal protective equipment

  (3) Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces

  • (a) are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and

  • (b) are provided with the information and training — including any that are prescribed —  required for the proper use of personal protective equipment provided under paragraph (a) and the equipment, devices and materials referred to in paragraph (2)(b).

Marginal note:Occupational health and safety management system

• 205.015 (1) Every operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purposes of

  • (a) implementing its occupational health and safety policy;

  • (b) ensuring that the provisions of this Part and the regulations made under this Part are complied with; and

  • (c) complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.

• Marginal note:Contents

  (2) The system shall be set out in writing and include provisions regarding

  • (a) the management of risks to the health and safety of employees — including any prescribed risks — and procedures for

    • (i) the ongoing and systematic identification and reporting of all hazards,

    • (ii) the assessment of risks associated with identified hazards, and

    • (iii) the implementation of hazard control measures;

  • (b) the role of any committee established for any of the operator’s workplaces and the interaction between those committees;

  • (c) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy and occupational health and safety management system;

  • (d) the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;

  • (e) the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;

  • (f) the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records and statistical analysis;

  • (g) the auditing of the adequacy and effectiveness of the system, including

    • (i) determining the ability of the system to achieve the purposes set out in subsection (1), and

    • (ii) identifying improvements that could be made to the system; and

  • (h) the implementation of the improvements identified during the audit referred to in paragraph (g).

• Marginal note:Duty to review

  (3) The operator shall review the system at least every three years in consultation with each workplace committee that it establishes.

• Marginal note:Limitation

  (4) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (h), the system shall meet the requirements of those regulations.