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

Duties of Employees

Marginal note:Duty to take reasonable measures

205.026 Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft.

Marginal note:Specific duties — workplace

205.027 Every employee at a workplace shall

• (a) cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;

• (b) use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn;

• (c) take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph (b);

• (d) consult and cooperate with committees established for the workplace;

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

• (f) follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and

• (g) report to their employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.

Marginal note:Specific duties — passenger craft

205.028 Every employee shall

• (a) while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and

• (b) while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.

Marginal note:Limitation of liability — employee

205.029 No employee who, at the workplace or while — or immediately before — being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is personally liable for any injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.

Duties of Suppliers and Providers of Services

Marginal note:Duty of supplier — reasonable measures

205.03 Every supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.

Marginal note:Specific duties

205.031 Every supplier shall ensure

• (a) that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and

• (b) if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.

Marginal note:Duty of provider of services — reasonable measures

205.032 Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft.

Marginal note:Specific duties

205.033 Every provider of services shall

• (a) when it provides services in connection with a workplace that are related to the placement, with an operator or employer, of individuals who, in return for monetary compensation, perform work or services for the operator or employer at the workplace, ensure that those individuals have the qualifications and certifications — including any that are prescribed — that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;

• (b) ensure that any information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer, as the case may be, to make a competent judgment on the basis of the information; and

• (c) ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.

Duties of Owners, Interest Holders and Corporate Officials

Marginal note:Duty of owner — reasonable measures

205.034 Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in

• (a) reducing the risks posed by hazards at the workplace; and

• (b) assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization — are being complied with.

Marginal note:Duty of interest holder — reasonable measures

205.035 Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with

• (a) the provisions of this Part and the regulations made under this Part; and

• (b) the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

Marginal note:Duty of directors and officers of operators

• 205.036 (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with

  • (a) the provisions of this Part and the regulations made under this Part; and

  • (b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

• Marginal note:Duty of directors and officers of suppliers and providers of services

  (2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033.

• Marginal note:Duty of directors and officers of interest holders

  (3) Every director and every officer of a corporation shall, if the corporation has duties under section 205.035, take all reasonable measures to ensure that the corporation complies with that section.

Communication of Information

Marginal note:Posting of information — operator

• 205.037 (1) Every operator shall post in printed form, in a prominent place at each of its workplaces,

  • (a) its occupational health and safety policy;

  • (b) contact information to enable the reporting of health or safety concerns to the Board; and

  • (c) the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.

• Marginal note:Information and documents — operator

  (2) Every operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:

  • (a) a copy of this Part and the regulations made under this Part;

  • (b) a copy of the document describing the operator’s occupational health and safety management system;

  • (c) any code of practice required by the Chief Safety Officer under section 205.016 to be established or adopted by the operator for that workplace;

  • (d) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by any employer at that workplace;

  • (e) information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under section 205.069, any conditions placed on the use of that equipment or those methods, meas­ures, standards or other things and the duration of the permission; and

  • (f) information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under any permission granted to the operator under section 205.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.

• Marginal note:Incorporated material — operator

  (3) Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.

• Marginal note:Information — operator

  (4) Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.

• Marginal note:Obligation to post satisfied

  (5) An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace.

Marginal note:Posting of information — employer

• 205.038 (1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.

• Marginal note:Program and codes of practice — employer

  (2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,

  • (a) a copy of the occupational health and safety program for the workplace; and

  • (b) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by the employer for the workplace.

• Marginal note:Material and information — employer

  (3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 205.037(3) and (4).

• Marginal note:Obligation to post satisfied

  (4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.

Marginal note:Chief Safety Officer information — operator

• 205.039 (1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

• Marginal note:Chief Safety Officer information — employer

  (2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

Marginal note:Provision of information to committees

• 205.04 (1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under section 205.074, notify all committees established for the workplace of the report and, subject to section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.

• Marginal note:Reports available to employees

  (2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.

Marginal note:Editing of report — trade secrets

• 205.041 (1) If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.

• Marginal note:Editing of report — medical information

  (2) If a report referred to in subsection 205.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.

• Marginal note:Edited report

  (3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.

Marginal note:Response to request for information — operator

• 205.042 (1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

• Marginal note:Response to request for information — employer

  (2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

• Marginal note:Limitation — special committees

  (3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.

• Marginal note:Other provisions

  (4) Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require.