Bill 26 - An Act to Amend the Occupational Health and Safety Act

BILL 26

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

aby repealing the definition “employer” and substituting the following:

“employer” means a person who employs one or more employees or the person’s agent; (employeur)

bin the definition “contracting employer” by striking out “as defined in paragraph (a) of the definition “employer””;

cin the definition « délégué à l’hygiène et à la sécurité » in the French version by striking out “Personne” and substituting “s’entend de la personne”;

dby adding the following definition in alphabetical order:

“supervisor” means a person who is authorized by an employer to supervise or direct the work of the employer’s employees; (superviseur)

2 The heading “DUTIES OF EMPLOYERS, OWNERS, CONTRACTORS, SUB-CONTRACTORS, EMPLOYEES AND SUPPLIERS” preceding section 8 of the Act is repealed and the following is substituted:

DUTIES OF EMPLOYERS, OWNERS,
CONTRACTORS, SUB-CONTRACTORS,
SUPERVISORS, EMPLOYEES AND SUPPLIERS

3 Subsection 8(1.1) of the Act is amended by striking out “the employer and the employees” and substituting “the employer, supervisors and employees”.

4 Subsection 9(2) of the Act is amended

aby repealing paragraph (c.3) and substituting the following:

c.3ensure that work at the place of employment is competently supervised and that supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor’s duties:

( i) this Act and any regulations under this Act that apply to the place of employment;

( ii) any safety policy for the place of employment;

( iii) any health and safety program for the place of employment;

( iv) any health and safety procedures with respect to hazards in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent by employees who work under the supervisor’s supervision and direction;

( v) any protective equipment required to ensure the health and safety of the employees who work under the supervisor’s supervision and direction; and

( vi) any other matters that are necessary to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;

bby adding after paragraph (c.3) the following:

c.4ensure that work at the place of employment is sufficiently supervised;

5 The Act is amended by adding after section 9 the following:

Duties of supervisors

9.1( 1) Every supervisor shall

atake every reasonable precaution to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;

bcomply with this Act, the regulations and any order made in accordance with this Act or the regulations;

censure that the employees under the supervisor’s supervision and direction comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and

dco-operate with

( i) a committee, if a committee has been established,

( ii) a health and safety representative, if a representative has been elected or designated, and

( iii) any person responsible for the enforcement of this Act and the regulations.

9.1( 2) Without limiting the generality of the duties under subsection (1), every supervisor shall

aacquaint the employees under the supervisor’s supervision and direction with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device, or biological, chemical or physical agent;

bprovide the information that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction; and

cprovide the instruction that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction.

6 Subsection 10.1(1) of the Act is repealed.

7 Paragraph 12(c) of the Act is amended by striking out “the employer” and substituting “the employer or supervisor”.

8 Section 15 of the Act is amended

ain paragraph (c) by striking out “employees” and substituting “employees, supervisors”;

bin paragraph (d) by striking out “employer” and substituting “employer, supervisors”;

cin paragraph (e) by striking out “employer” and substituting “employer or a supervisor”.

9 Subsection 17(1) of the Act is amended by striking out “that place of employment” and substituting “that place of employment which shall set out the responsibilities of the employer, supervisors and employees and”.

10 Section 20 of the French version of the Act is amended

ain subsection (1) by striking out “surveillant” and substituting “superviseur”;

bin subsection (2) by striking out “surveillant” and substituting “superviseur”;

cin subsection (3) by striking out “surveillant” and substituting “superviseur”;

din subsection (4) by striking out “surveillant” and substituting “superviseur”.

11 Section 21 of the Act is amended

ain paragraph (1)a) of the French version

( i) in the portion preceding subparagraph (i) by striking out “surveillant” and substituting “superviseur”;

( ii) in subparagraph (i) by striking out “surveillant” and substituting “superviseur”;

( iii) in subparagraph (ii) by striking out “surveillant” and substituting “superviseur”;

bin subsection (2) by striking out “employer” wherever it appears and substituting “employer or supervisor”.

12 Subsection 22(1) of the Act is amended by striking out “employer may” and substituting “employer or supervisor may”.

13 Subsection 24(1) of the Act is amended in the portion preceding paragraph (a) by striking out “employer” and substituting “employer, supervisor”.

14 Subsection 25(1) of the Act is amended by striking out “employer” and substituting “employer, supervisor”.

15 Subsection 26(2) of the Act is amended

ain the portion preceding paragraph (a) by striking out “employer” and substituting “employer, supervisor”;

b in paragraph (a) by striking out “employer” and substituting “employer, supervisor”.

16 Subsection 27(1) of the Act is amended by striking out “employer” and substituting “employer, supervisor”.

17 Section 32 of the Act is amended

ain subsection (1) in the portion preceding paragraph (a) by striking out “sub-contractor” and substituting “sub-contractor, supervisor”;

bin subsection (2) by striking out “sub-contractor” and substituting “sub-contractor, supervisor”;

18 Subsection 37(1) of the Act is amended by striking out “sub-contractor” and substituting “sub-contractor, supervisor”.

19 Section 48 of the Act is repealed and the following is substituted:

Limitation period

48 Proceedings in respect of an offence under this Act shall not be commenced except within the later of two years after

athe date the offence is alleged to have been committed; and

bthe date the Commission becomes aware of the alleged offence.

Commencement

20 This Act comes into force on January 1, 2020.