Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Regulations

121.5 Notwithstanding section 121.4, the Governor in Council may make regulations respecting any matter referred to in that section in relation to a regulation made under subsection 121.2(2).

PART IIOccupational Health and Safety

Interpretation

Marginal note:Definitions

• 122 (1) In this Part,

  appeals officer

  appeals officer[Repealed, 2017, c. 20, s. 338]

  Board

  Board[Repealed, 2017, c. 20, s. 338]

  collective agreement

  collective agreement has the same meaning as in section 166; (convention collective)

  danger

  danger means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered; (danger)

  employee

  employee means a person employed by an employer; (employé)

  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; (employeur)

  harassment and violence

  harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment; (harcèlement et violence)

  hazardous substance

  hazardous substance includes a hazardous 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; (substance dangereuse)

  health and safety officer

  health and safety officer[Repealed, 2013, c. 40, s. 176]

  health and safety representative

  health and safety representative means a person who is appointed as a health and safety representative under section 136; (représentant)

  policy committee

  policy committee means a policy health and safety committee established under section 134.1; (comité d’orientation)

  prescribe

  prescribe means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council; (règlement)

  regional health and safety officer

  regional health and safety officer[Repealed, 2013, c. 40, s. 176]

  regional safety officer

  regional safety officer[Repealed, 2000, c. 20, s. 2]

  safety

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

  safety and health committee

  safety and health committee[Repealed, 2000, c. 20, s. 2]

  safety and health representative

  safety and health representative[Repealed, 2000, c. 20, s. 2]

  safety officer

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

  work place

  work place means any place where an employee is engaged in work for the employee’s employer; (lieu de travail)

  work place committee

  work place committee means a work place health and safety committee established under section 135. (comité local)

• Marginal note:Definitions

  (2) In this Part, hazardous product, label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act.

• Marginal note:Idem

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

Purpose of Part

Marginal note:Prevention of accidents, injuries and illnesses

122.1 The purpose of this Part is to prevent accidents, occurrences of harassment and violence and physical or psychological injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies.

Marginal note: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.

Marginal note:Head of Compliance and Enforcement

• 122.21 (1) The Minister may designate a person as Head of Compliance and Enforcement.

• Marginal note:No designation made

  (2) If no Head is designated under subsection (1), the Minister shall exercise the powers and perform the duties and functions of the Head.

Methods of Communication

Marginal note: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.

Application

Marginal note:Application of Part

• 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.

• Marginal note:Application to federal public administration

  (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 Federal Public Sector Labour Relations Act.

• Marginal note:Persons appointed and their employer

  (2.1) This Part applies to persons appointed under subsection 128(1) of the Public Service Employment Act, other than persons appointed by a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, and to their employer.

• Marginal note:Application to other persons

  (3) This Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.

Marginal note:Canadian Human Rights Act

123.1 For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.

Marginal note:Presumption

• 123.2 (1) A person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer.

• Marginal note:Exception

  (2) The presumption does not apply for the purposes of a prosecution under this Part.

Marginal note:Burden of proof

123.3 If, in any proceeding under this Part other than a prosecution, or in any proceeding under Part IV in respect of a violation that is related to this Part, an employer alleges that a person is not their employee, the burden of proof is on the employer.

Duties of Employers

Marginal note: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.

Marginal note: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) except as provided for in the regulations, investigate, record and report, in accordance with the regulations, all accidents, occurrences of harassment and violence, occupational illnesses and other hazardous occurrences known to the employer;

  • (d) make readily available to employees, in printed and electronic form,

    • (i) a copy of this Part and a copy of the regulations made under this Part that apply to the work place,

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

    • (iii) any other information related to health and safety that is prescribed or that may be specified by the Head;

  • (e) [Repealed, 2018, c. 22, s. 3]

  • (f) if the information referred to in any of subparagraphs (d)(i) to (iii) is made available in electronic form, ensure that employees receive appropriate training to enable them to have access to the information and, on the request of an employee, make a printed copy of the information 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 the Head or the Board 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 measures to prevent and protect against harassment and violence in the work place, respond to occurrences of harassment and violence in the work place and offer support to employees affected by harassment and violence in the work place;

  • (z.161) ensure that employees, including those who have supervisory or managerial responsibilities, receive training in the prevention of harassment and violence in the work place and are informed of their rights and obligations under this Part in relation to harassment and violence;

  • (z.162) undergo training in the prevention of harassment and violence in the work place;

  • (z.163) ensure that the person designated by the employer to receive complaints relating to occurrences of harassment and violence has knowledge, training and experience in issues relating to harassment and violence and has knowledge of relevant legislation;

  • (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.

• Marginal note: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

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

• Marginal note:Regulations

  (3) The Governor in Council may make regulations respecting the investigations, records and reports referred to in paragraph (1)(c).

• Marginal note:Former employees

  (4) Except as provided for in the regulations, the obligations set out in paragraphs (1)(c) and (z.16) apply to an employer in respect of a former employee in relation to an occurrence of harassment and violence in the work place if the occurrence becomes known to the employer within three months after the day on which the former employee ceases to be employed by the employer.

• Marginal note:Extension

  (5) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (4).

• Marginal note:Regulations — former employees

  (6) For the purpose of subsection (4), the Governor in Council may make regulations respecting an employer’s obligations in respect of former employees.