Bill 37 - An Act to Amend the Occupational Health and Safety Act

BILL 37

An Act to Amend the Occupational Health and Safety Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 40 of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended

(a) in paragraph (b.1) by striking out “controlled product” and substituting “hazardous product”;

(b) in paragraph (b.2) by striking out “controlled product” and substituting “hazardous product”.

2 Section 40.1 of the Act is repealed and the following is substituted:

40.1( 1) An employer shall provide, in respect of a hazardous product that is or was present in a place of employment, any information, including confidential business information, that is in the possession of the employer to a medical practitioner or registered nurse who requests information on the hazardous product for the purpose of making a medical diagnosis, or rendering medical treatment to a person, in an emergency.

40.1( 2) No person to whom information is provided by an employer under subsection (1) shall disclose or communicate the information, other than to another medical practitioner or registered nurse for the purpose mentioned in that subsection.

3 Section 42 of the Act is amended

(a) in subsection (1.1) by striking out “controlled product” and substituting “hazardous product”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “controlled product” and substituting “hazardous product”;

4 Section 51 of the Act is amended

(a) in paragraph (j.1) by striking out “controlled product” and substituting “hazardous product”;

(b) in paragraph (j.2) by striking out “controlled product” and substituting “hazardous product”;

(j.2.1) exempting persons or classes of persons from the requirements in relation to labelling or identification of a hazardous product;

(d) by repealing paragraph (j.3) and substituting the following:

(j.3) respecting safety data sheets in respect of a hazardous product;

(e) by adding after paragraph (j.3) the following:

(j.3.1) exempting persons or classes of persons from the requirements of obtaining or providing a safety data sheet in respect of a hazardous product;

(f) by repealing paragraph (j.4) and substituting the following:

(j.4) respecting employee education, training and instruction in relation to hazardous products;

(g) in paragraph (j.5) by striking out “controlled product” and substituting “hazardous product”;

(h) in paragraph (j.6) by striking out “controlled product” and substituting “hazardous product”;

(i) in paragraph (j.7) by striking out “controlled product” and substituting “hazardous product”.