Bill 111 - An Act to Amend the Occupational Health and Safety Act

BILL 111

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 Subsection 3(3) of the English version of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended

(a) in the portion preceding paragraph (a) by striking out “he shall consider” and substituting “the Chief Compliance Officer considers”;

(b) in paragraph (b) by striking out “he” and substituting “the Chief Compliance Officer”.

2 Subsection 4(2) of the English version of the Act is amended by striking out “he” and substituting “the Minister”.

3 Section 5.1 of the English version of the Act is amended by striking out “his” and substituting “the Chief Compliance Officer’s”.

4 Subsection 8(1) of the English version of the Act is amended by striking out “his or her” and substituting “the”.

5 Section 9 of the English version of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “his” and substituting “its”;

( ii) in paragraph (c) by striking out “his” and substituting “its”;

(b) in paragraph (2)(a.1) by striking out “his” and substituting “its”.

6 Paragraph 10(b) of the English version of the Act is amended by striking out “he is responsible” and substituting “the contractor or sub-contractor, as the case may be, is responsible,”.

7 Section 12 of the English version of the Act is amended

(a) by repealing paragraph (b) and substituting the following:

(b) conduct themselves to ensure their own health and safety and that of other persons at, in or near the employee’s place of employment;

(b) in paragraph (c) by striking out “he” and substituting “the employee”.

8 Section 13 of the English version of the Act is amended

(a) in paragraph (a) in the portion preceding subparagraph (i) by striking out “him” and substituting “the supplier”;

(b) in paragraph (c) by striking out “him” and substituting “the supplier”.

9 Section 14 of the English version of the Act is amended

(a) in subsection (3) by striking out “his” and substituting “the employer’s”;

(b) in subsection (5) by striking out “co-chairman” and substituting “co-chair”;

10 Subsection 14.1(6) of the English version of the Act is repealed and the following is substituted:

14.1( 6) Each member of the committee shall, for the periods during which the member is taking any educational program required under this Act that relates to the member’s service on the committee or during which the member is attending any committee meetings, receive pay at the member’s rate and other benefits to which the member would otherwise be entitled.

11 Section 14.2 of the English version of the Act is amended

(a) in subsection (2) by striking out “co-chairman” and substituting “co-chair”;

(b) in subsection (5)

( i) in paragraph (b) by striking out “co-chairmen” and substituting “co-chairs”;

( ii) in paragraph (c) by striking out “co-chairmen” and substituting “co-chairs”.

12 Section 14.5 of the English version of the Act is amended

(a) in subsection (2) by striking out “co-chairman” and substituting “co-chair”;

(b) by repealing subsection (7) and substituting the following:

14.5( 7) Each member of a committee shall, for the periods during which the member is taking any educational program required under this Act that relates to the member’s service on the committee or during which the member is attending any committee meetings, receive pay at the member’s rate and other benefits to which the member would otherwise be entitled.

13 Section 17.1 of the English version of the Act is amended

(a) in subsection (6) by striking out “he” and substituting “the person”;

(b) by repealing subsection (8) and substituting the following:

17.1( 8) Each health and safety representative shall, for the periods during which the health and safety representative is taking any educational program required under this Act that relates to service as a health and safety representative, receive pay at the rate and other benefits to which the health and safety representative would otherwise be entitled.

14 Subsection 18(2) of the English version of the Act is repealed and the following is substituted:

18( 2) A health and safety representative shall consult regularly with the employer in the course of the health and safety representative’s activities.

15 Section 19 of the English version of the Act is repealed and the following is substituted:

19 An employee may refuse to do any act where the employee has reasonable grounds for believing that the act is likely to endanger their health or safety or the health or safety of any other employee.

16 Section 20 of the English version of the Act is amended

(a) by repealing subsection (1) and substituting the following:

20( 1) Any employee who believes that an act is likely to endanger the employee’s or any other employee’s health or safety shall immediately report their concern to their supervisor, who shall promptly investigate the situation in the presence of the employee.

(b) by repealing subsection (2) and substituting the following:

20( 2) If a supervisor finds that the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the supervisor shall take appropriate remedial action or recommend appropriate remedial action to the employer.

20( 3) If a supervisor finds the employee does not have reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the supervisor shall advise the employee to do that act.

(d) by repealing subsection (4) and substituting the following:

20( 4) If an employee has made a report under subsection (1) and the matter has not been resolved to the employee’s satisfaction, the employee shall refer the matter to a committee or, where there is no committee, to an officer.

(e) in subsection (6) by striking out “his” and substituting “the employee’s”;

(f) in subsection (7) by striking out “his” and substituting “the employee’s”;

(g) by repealing subsection (9) and substituting the following:

20( 9) Upon receipt of a referral under subsection (4) or (8), the officer shall promptly investigate the situation and make the officer’s findings known in writing as soon as is practicable to the employer, the employee and the committee, if any, as to whether the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health and safety of any other employee.

(h) in subsection (10) by striking out “his” and substituting “the employee’s”;

(i) in subsection (11) by striking out “his” and substituting “the employee’s”;

(j) by repealing subsection (12) and substituting the following:

20( 12) Pending any investigation under this section or, if an appeal is taken by an employee against the advice of an officer given under subsection (11), pending the decision of the Chief Compliance Officer, the employee shall remain available at a safe place near the employee’s work station during the employee’s normal work hours.

17 Section 21 of the English version of the Act is amended

(a) in paragraph (1)(a) by repealing the portion preceding subparagraph (i) and substituting the following:

(a) if the employee has reported the employee’s concern to their supervisor under section 20,

(b) in subsection (2) by striking out “his” and substituting “the employee’s”.

18 Subsection 22(1) of the English version of the Act is repealed and the following is substituted:

22( 1) Subject to subsection (2), where an employee has refused to do an act pursuant to section 19 and the employee’s right to refuse is protected under section 21, the employer or supervisor may reassign the employee temporarily to perform other acts or to other work that is reasonably equivalent to the acts or work the employee normally performs and the employer shall pay that employee the same wages and grant the employee the same benefits that they would have received if they had not refused to do the act.

19 Section 23 of the English version of the Act is repealed and the following is substituted:

23 Where an employee has reasonably refused to do an act pursuant to section 19, the employee’s right to refuse is protected under section 21 and the employee has not been reassigned to do other acts or work under section 22, the employer shall pay that employee the same wages and grant the employee the same benefits that they would have received if they had not refused to do the act.

20 Section 26 of the English version of the Act is amended

(a) in subsection (2)

( i) by repealing paragraph (b) and substituting the following:

(b) an order to an employer to reinstate the employee to their former employment under the same terms and conditions under which the employee was formerly employed;

( ii) in paragraph (c) by striking out “he” and substituting “the employee”;

(b) in subsection (3) by striking out “his”;

21 Subsection 28(1) of the English version of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) at any reasonable hour and without notice, enter upon and inspect any place or thing that the officer believes to be a place of employment, and at that place of employment conduct any tests, take photographs, make recordings, take any samples and make any examinations that the officer considers necessary or advisable;

(b) in paragraph (e) by striking out “he” and substituting “the officer”;

22 Section 30 of the English version of the Act is amended by striking out “his” and substituting “the officer’s”.

23 Section 31 of the English version of the Act is amended

(a) by repealing subsection (1) and substituting the following:

31( 1) An officer may give an order, orally or in writing, to any person for the carrying out of any matter or thing regulated, controlled or required by this Act or the regulations, and may require that the order be carried out within the time that the officer specifies.

(b) in subsection (2) by striking out “he” and substituting “the officer”.

24 Section 32 of the English version of the Act is amended

(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

32( 1) Where an officer is of the opinion that unsafe or unhealthy working conditions may exist at a place of employment or that there may be a source of danger to the health or safety of persons employed therein or having access thereto, the officer may make an order, in writing, to the owner of the place of employment, the employer, contracting employer, contractor, sub-contractor, supervisor, employee or a supplier directing them immediately or within the time specified in the order to do any or all of the following:

(b) in subsection (2) by striking out “he” and substituting “the officer”.

25 Section 33 of the English version of the Act is amended

(a) in paragraph (a) by striking out “his” and substituting “the officer’s”;

(b) in paragraph (b) by striking out “his” and substituting “the officer’s”;

26 Subsection 33.1(1) of the English version of the Act is amended by striking out “him or her” and substituting “the officer”.

27 Section 36 of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “he”.

28 Subsection 42(4) of the English version of the Act is amended by striking out “he” and substituting “the employer”.

29 Section 46 of the English version of the Act is amended

(a) in subsection (1) by striking out “his” and substituting “the employee’s”;

(b) by repealing subsection (4) and substituting the following:

46( 4) Where an employee is examined during the employee’s normal working hours, the employer shall not make any deductions of wages or other benefits for the time lost by the employee in going to, attending or returning from a medical examination.

( i) in paragraph (a) by striking out “his” and substituting “the employee’s”;

( ii) in the portion following paragraph (b) by striking out “he” and substituting “the medical practitioner”.

30 The Act is amended by adding after section 47 the following:

Additional or alternative penalties

47.01( 1) In this section, “judge” means judge as defined in the Provincial Offences Procedure Act.

47.01( 2) Subject to section 47.02, in addition to or as an alternative to the penalties set out in section 47, if a person is convicted of an offence under this Act, the judge may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order directing the person to pay a sum of money to a party named by the judge to be the recipient of those funds, for any of the following purposes:

(a) supporting

( i) occupational health and safety training or educational programs,

( ii) occupational health and safety research programs,

( iii) occupational health and safety initiatives by non‑profit organizations, or

( iv) scholarships for educational institutions offering studies in occupational health and safety and related disciplines; or

(b) furthering the goal of achieving healthy and safe places of employment.

47.01( 3) An order referred to in subsection (2) may specify the amount and the time, place and manner of payment of the sum of money and may impose any other terms and conditions that the judge considers appropriate.

Maximum penalty

47.02 The penalty for an offence under this Act shall not exceed $250,000 whether the penalty is imposed as a fine under paragraph 47(1)(a), in an order under subsection 47.01(2), or partly as a fine and partly in an order.