Occupational Health and Safety Act

3(1)

Every employer shall ensure, as far as it is reasonably practicable for the employer to do so,

(a) the health, safety and welfare of

(i) workers engaged in the work of that employer,

(ii) those workers not engaged in the work of that employer but present at the work site at which that work is being carried out, and

(iii) other persons at or in the vicinity of the work site whose health and safety may be materially affected by identifiable and controllable hazards originating from the work site,

(b) that the workers engaged in the work of that employer are aware of their rights and duties under this Act, the regulations and the OHS Code,

(c) that none of the employer’s workers are subjected to or participate in harassment or violence at the work site,

(d) that the employer’s workers are supervised by a person who

(i) is competent, and

(ii) is familiar with this Act, the regulations and the OHS Code that apply to the work performed at the work site,

(e) that the joint health and safety committee, if there is one, or the health and safety representative, if there is one, complies with all requirements imposed on the joint health and safety committee or the health and safety representative under this Act, the regulations or the OHS Code, and

(f) that health and safety concerns raised by workers, supervisors and the joint health and safety committee, if there is one, or the health and safety representative, if there is one, are resolved in a timely manner.

3(2)

Every employer shall ensure that workers engaged in the work of that employer are adequately trained in all matters necessary to perform their work in a healthy and safe manner.

3(3)

If work is to be done that may endanger a worker, the employer shall ensure that the work is done

(a) by a worker who is competent to do the work, or

(b) by a worker who is working under the direct supervision of a worker who is competent to do the work.

3(4)

Every employer shall keep readily available information related to work site hazards, controls, work practices and procedures and provide that information to

(a) the joint health and safety committee, if there is one, or health and safety representative, if there is one, at the work site,

(b) the workers, and

(c) the prime contractor, if there is one.

3(5)

Every employer shall ensure that current paper or downloaded or stored electronic copies of this Act, the regulations and the OHS Code are readily available for reference by workers, the joint health and safety committee, if there is one, and the health and safety representative, if there is one.

3(6)

Every employer who is a self-employed person engaged in an occupation but is not in the service of an employer for that occupation shall comply with all requirements imposed on an employer, with any necessary modifications.

3(7)

Every employer shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

4

Every supervisor shall

(a) as far as it is reasonably practicable for the supervisor to do so,

(i) take all precautions necessary to protect the health and safety of every worker under the supervisor’s supervision,

(ii) ensure that a worker under the supervisor’s supervision works in the manner and in accordance with the requirements of this Act, the regulations and the OHS Code, and

(iii) ensure that none of the workers under the supervisor’s supervision are subjected to or participate in harassment or violence at the work site,

(b) advise every worker under the supervisor’s supervision of all known or reasonably foreseeable hazards to health and safety in the area where the worker is performing work,

(c) report to the employer a concern about an unsafe or harmful work site act that occurs or has occurred or an unsafe or harmful work site condition that exists or has existed, and

(d) cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

5(1)

Every worker shall, while engaged in an occupation,

(a) take reasonable care to protect the health and safety of the worker and of other persons at or in the vicinity of the work site while the worker is working,

(b) cooperate with the worker’s supervisor or employer or any other person for the purposes of protecting the health and safety of

(i) the worker,

(ii) other workers engaged in the work of the employer, and

(iii) other workers not engaged in the work of that employer but present at the work site at which that work is being carried out,

(c) at all times, when the nature of the work requires, use all devices and wear all personal protective equipment designated and provided for the worker’s protection by the worker’s employer or required to be used or worn by the worker by this Act, the regulations and the OHS Code,

(d) refrain from causing or participating in harassment or violence,

(e) report to the employer or supervisor a concern about an unsafe or harmful work site act that occurs or has occurred or an unsafe or harmful work site condition that exists or has existed,

(f) participate in any training provided by the employer, and

(g) cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

5(2)

A worker who is not competent to perform work that may endanger the worker or others shall not perform the work except under the direct supervision of a worker who is competent to perform the work.

6(1)

Every supplier shall, as far as it is reasonably practical for the supplier to do so,

(a) ensure that any personal protective equipment or equipment that the supplier supplies is in safe operating condition,

(b) ensure that any harmful substance or explosive the supplier supplies is safe to use, when used in accordance with the manufacturer’s specifications,

(c) if the supplier has responsibility under an agreement to maintain equipment, ensure that the equipment is maintained in a safe condition, in accordance with the manufacturer’s specifications, if any, and in compliance with this Act, the regulations and the OHS Code,

(d) provide a notice to all of the employers supplied by the supplier with personal protective equipment or equipment, or to the purchasers or lessees of the equipment, when the supplier becomes aware or ought reasonably to be aware that the equipment that was supplied or is about to be supplied does not comply with a standard prescribed under the regulations or the OHS Code, and

(e) provide a notice to all of the employers supplied by the supplier with a harmful substance or explosive when the supplier becomes aware or ought reasonably to be aware that the harmful substance or explosive that was supplied or is about to be supplied does not comply with a standard prescribed under the regulations or the OHS Code.

6(2)

Subject to subsection (1)(d) and (e), every supplier shall ensure that any personal protective equipment, equipment, harmful substance or explosive that the supplier supplies complies with this Act, the regulations and the OHS Code.

6(3)

Every supplier shall, as far as it is reasonably practicable for the supplier to do so,

(a) ensure that any personal protective equipment or equipment is supplied with a written copy of the manufacturer’s specifications and any other instructions for safe use, as applicable, if such specifications and instructions exist, and

(b) ensure that any harmful substance or explosive the supplier supplies is supplied with a written copy of the manufacturer’s specifications and instructions for safe use, as applicable, if such specifications and instructions exist.

6(4)

Every supplier shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

7(1)

Every service provider shall ensure, as far as it is reasonably practicable for the service provider to do so, that any service provided to a person to meet an obligation in the Act, the regulations and the OHS Code will enable the person to comply with this Act, the regulations and the OHS Code.

7(2)

Every service provider shall

(a) ensure that all services provided in respect of a work site comply with the Act, the regulations and the OHS Code,

(b) ensure that services provided to a person to meet an obligation in the Act, the regulations or the OHS Code are completed by workers who are competent to provide those services,

(c) ensure that, as far as it is reasonably practicable for the service provider to do so, no person at or in the vicinity of a work site is endangered as a result of the service provider’s activity, and

(d) cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

8(1)

Every contracting employer who directs the activities of an employer involved in work at a work site shall ensure, as far as it is reasonably practicable to do so, that the employer complies with this Act, the regulations and the OHS Code in respect of that work site.

8(2)

Every contracting employer shall ensure that the owner and any employer, prime contractor, supplier or service provider on a work site is informed of any existing or potential work site hazards that may affect workers or other persons at the work site.

8(3)

Every contracting employer shall cooperate with a person exercising a duty imposed by this Act, the regulations and the OHS Code.

9(1)

Every owner shall ensure, as far as it is reasonably practicable to do so, that the land, infrastructure and any building or premises on the land is provided and maintained in a manner that does not endanger the health and safety of workers or any other person.

9(2)

Every owner shall ensure that any hazard identified by the owner is communicated to all workers, employers, contracting employers, prime contractors, suppliers and service providers that are conducting work activities, or may be reasonably anticipated to conduct work activities, in relation to the land, infrastructure and any building or premises on the land.

9(3)

Every owner shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

10(1)

Every construction work site and oil and gas work site or a work site or class of work sites designated by a Director must have a prime contractor if there are 2 or more employers involved in work at the work site.

10(2)

The person in control of the work site referred to in subsection (1) shall designate in writing a person as the prime contractor of the work site.

10(3)

If the person in control of the work site fails to designate a person as the prime contractor as required in subsection (2), the person in control of the work site is deemed to be the prime contractor.

10(4)

Subsections (2) and (3) do not apply to a person who is in control of a work site if that work site is a private dwelling that is occupied by that person.

10(5)

The person in control of any work site not referred to in subsection (1) where there are 2 or more employers involved in work at the work site may enter into an agreement in writing with a person to designate that person as the prime contractor of the work site.

10(6)

The prime contractor shall ensure that the name of the prime contractor is posted in a conspicuous place at the work site.

10(7)

The prime contractor shall

(a) establish, as far as it is reasonably practicable to do so, a system or process that will ensure compliance with this Act, the regulations and the OHS Code in respect of the work site, including a system or process to ensure cooperation between the employer and workers in respect to health and safety,

(b) designate a person in writing for the purposes of ensuring cooperation between the employer and workers in respect to health and safety and implementing a system to address the matters set out in section 13(6), and

(c) conduct the prime contractor’s own activities in such a way as to ensure, as far as it is reasonably practicable to do so, that no person is exposed to hazards arising out of, or in connection with, activities at the work site.

10(8)

If a requirement in the Act, the regulations or the OHS Code imposes a duty on an employer with respect to equipment, work site infrastructure or an excavation and the equipment or infrastructure is designed, constructed, erected or installed, or the excavation is conducted by or on behalf of a prime contractor, the prime contractor shall comply with the requirement as if the requirement were directly imposed on the prime contractor.

10(9)

Subsection (8) does not relieve the employer or prime contractor from fulfilling other responsibilities under this Act, the regulations and the OHS Code.

10(10)

Every prime contractor shall ensure that the owner and any employer, supplier or service provider on a work site is informed of any existing or potential work site hazards that may affect workers or other persons at the work site.

10(11)

Every prime contractor shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

11(1)

Every temporary staffing agency shall ensure, as far as it is reasonably practicable for the temporary staffing agency to do so,

(a) that the worker to be assigned to another employer is suitable to perform the task for which the worker is to be assigned,

(b) that the worker is equipped with any necessary personal protective equipment prior to deployment to the other employer, or will be so equipped prior to commencing work activities with the other employer, and

(c) that the other employer is capable of ensuring the health and safety of the worker.

11(2)

Every temporary staffing agency shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

12(1)

In this section, “function” means the function of prime contractor, owner, contracting employer, employer, supervisor, service provider, supplier, worker or temporary staffing agency.

12(2)

If a person has 2 or more functions under this Act in respect of one work site, the person shall meet the obligations of each function.

12(3)

If one or more provisions in this Act, the regulations or the OHS Code imposes the same duty on more than one person and one of the persons subject to that duty complies with the applicable provision, the other persons subject to that duty are relieved of their duty only during the time when

(a) simultaneous compliance of that duty by more than one person would result in unnecessary duplication of effort and expense, and

(b) the health and safety of any person at the work site is not put at risk by compliance with that duty by only one person.

12(4)

If a requirement of this Act, the regulations or the OHS Code imposes a duty on an employer or a worker, a person who is self‑employed in an occupation shall, as far as it is reasonably practicable for the person to do so, comply with the duty.