BILL 24

An Act Respecting Occupational  Health and Safety

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

Occupational Health and Safety Act

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

(a)  in section 1

( i) by repealing the definition “occupational disease” and substituting the following:

“occupational disease” means occupational disease as defined in the Workers’ Compensation Act; (maladie professionelle)

( ii) in the definition “employer” by striking out “or the person’s agent”;

(b)  in subsection 8.1(1)

( i) in the portion preceding paragraph (a) by striking out “shall establish” and substituting “shall establish and implement”;

( ii) in paragraph e) of the French version by striking out “nécessaire pour assurer la tenue d’enquêtes rapides sur les situations dangereuses de déterminer les causes de ces situations” and substituting “assurant la tenue d’enquêtes sans tarder sur les situations dangereuses de manière à déterminer leurs causes”;

(c)  by repealing subsection 14(10) and substituting the following:

14( 10) The committee shall keep a copy of the minutes signed by the co-chairs of the committee for a period of three years and shall make it available to the Commission on request.

(d)  by repealing paragraph 14.2(5)(c) and substituting the following:

(c)  keep a copy of the minutes signed by the co-chairs of the committee for a period of three years and make it available to the Commission on request.

(e)  by repealing subsection 32(4) and substituting the following:

32( 4) If an officer is of the opinion that any tool, equipment, machine or device at a place of employment does not comply with this Act or the regulations, the officer shall

(a)  make an order that the tool, equipment, machine or device shall not be used,

(b)  make an order that the tool, equipment, machine or device shall be used only under conditions, established by the officer, which the officer believes will ensure the safety of employees at the place of employment, or

(c)  take any measure that will result in the owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier adopting a course of action that will bring the tool, equipment, machine or device into compliance with this Act or the regulations.

(f)  by adding after subsection 32(4) the following:

32( 5) When an officer makes an order that any tool, equipment, machine or device shall not be used, the officer shall

(a)  give the order in writing to the owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier affected by the order, and

(b)  attach to the tool, equipment, machine or device a warning that an order has been issued with respect to it.

(g)  by repealing section 34;

(h)  by adding after subsection 37(1.1) the following:

37( 1.2) For the purposes of subsections (1) and (1.01), an application to the Chief Compliance Officer shall be in a form acceptable to the Chief Compliance Officer.

(i)  by repealing the heading “INFRACTIONS ET PEINES” preceding section 47 of the French version and substituting “EXÉCUTION”.

Regulations under the Occupational Health and Safety Act

2( 1) New Brunswick Regulation 84-26 under the Occupational Health and Safety Act is amended

(a)  by repealing section 3;

(b)  by repealing subsection 5(2);

(c)  in section 6 by striking out “in Form 1” and substituting “in a form acceptable to the Commission”;

(d)  by repealing section 8 and substituting the following:

8( 1) As soon as the circumstances permit after an arbitrator’s appointment, the arbitrator shall issue a Notice of Hearing in a form acceptable to the Commission.

8( 2) A Notice of Hearing shall set a date for the hearing which shall be as soon as the circumstances permit.

8( 3) A Notice of Hearing shall be issued to the employee, employer, supervisor and union as soon as the circumstances permit.

(e)  in section 9

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

9( 1) An arbitrator shall give their decision and reasons for their decision in writing as soon as the circumstances permit after the completion of the hearing.

( ii) in subsection (2) by striking out “in Form 3” and substituting “in a form acceptable to the Commission”;

(f)  by repealing the heading “APPEAL” preceding section 10;

(g)  by repealing section 10;

(h)  by repealing section 11;

(i)  by repealing section 12;

(j)  by repealing section 13;

(k)  by repealing the heading “OFFICER” preceding section 14;

(l)  by repealing section 14;

(m)  by repealing Form 1;

(n)  by repealing Form 2;

(o)  by repealing Form 3;

(p)  by repealing Form 4;

(q)  by repealing Form 5;

(r)  by repealing Form 6.

2( 2) New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is amended

(a)  in section 2 by repealing the definition “engineer” and substituting the following:

“engineer” means a person who is registered as a member or is a licensee of the Association of Professional Engineers and Geoscientists of New Brunswick and is entitled to engage in the practice of professional engineering under the Engineering and Geoscience Professions Act; (ingénieur)

(b)  in section 3.1

( i) by repealing paragraph (d);

( ii) by repealing paragraph (e);

(c)  in subsection 40(1) by striking out “Type 1” and substituting “Type 2”;

(d)  in paragraph 106(b) by striking out “4 in 12” and substituting “3 in 12”;

(e)  in subsection 250(2) of the French version by striking out “horizontal” and substituting “vertical”.