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Occupational Health and Safety Act

Interpretation

1
In this Act,
"board"
means the Workers’ Compensation, Health and Safety Board established under the Workers’ Compensation Act;
"chief industrial safety officer"
means the safety officer who is, from time to time, designated by the board as the chief industrial safety officer;
"chief mines safety officer"
means the safety officer who is, from time to time, designated by the Minister as the chief mines safety officer;
3
(1)
Every employer shall ensure, so far as is reasonably practicable, that
(a)
the workplace, machinery, equipment, and processes under the employer's control are safe and without risks to health;
(b)
work techniques and procedures are adopted and used that will prevent or reduce the risk of occupational illness and injury; and
(c)
workers are given necessary instruction and training and are adequately supervised, taking into acount the nature of the work and the abilities of the workers.
(2)
Without limiting the generality of subsection (1), every employer shall, so far as is reasonably practicable,
(a)
ensure that workers are made aware of any hazard in the work and in the handling, storage, use, disposal, and transport of any article, device, or equipment, or of a biological, chemical, or physical agent;
(b)
cooperate with and assist safety and health representatives and committee members in the performance of their duties;
(c)
ensure that workers are informed of their rights, responsibilities, and duties under this Act; and
(d)
make reasonable efforts to check the well-being of a worker when the worker is employed under conditions that present a significant hazard of disabling injury, or when the worker might not be able to secure assistance in the event of injury or other misfortune.
4
Every constructor shall ensure, so far as is reasonably practicable, that during the course of each project the constructor undertakes
(1)
the measures and procedures prescribed by this Act and the regulations are carried out on the project;
(2)
every employer and every person working on the project complies with this Act and the regulations; and
(3)
the health and safety of workers on the project is protected.
5
If there is an overlapping of the work areas of two or more employers, the principal contractor or, if there is no principal contractor, the owner of the project shall establish and ensure the continuing function of a management group to coordinate the accident prevention activities of the several employers, and each employer shall be represented in and shall cooperate with the management group.
6
(1)
The owner of a workplace that is not a project shall ensure, so far as is reasonably practicable, that
(a)
the prescribed facilities are provided and maintained;
(b)
the workplace complies with the regulations; and
(c)
no workplace is constructed, developed, reconstructed, altered, or added to except in compliance with this Act and the regulations.
(2)
An employer, owner, or constructor engaged in any construction, development, alteration, addition or installation to or in a workplace shall, when drawings are required for the construction, keep a copy of the drawings in a convenient location at or near the workplace, and those drawings shall be produced immediately by the employer, owner, or contractor on the request of a safety officer for examination and inspection.
7
A supervisor shall be responsible for
(1)
the proper instruction of workers under his direction and control and for ensuring that their work is performed without undue risk,
(2)
ensuring that a worker uses or wears the equipment, protective devices, or clothing required under this Act or by the nature of the work,
(3)
advising a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware, and
(4)
if so prescribed, providing a worker with written instructions as to the measures and procedures to be taken for the protection of the worker.
8
A supplier who supplies any machine, device, tool, controlled product or equipment for use in or about a workplace shall ensure that the machine, device, tool, controlled product or equipment complies with this Act and the regulations, that it is in good condition and, if it is his contractual responsibility to do so, that the machine, device, tool, controlled product, or equipment is maintained in good condition.
9
Every worker shall, so far as is reasonably practicable, in the course of their employment
(1)
take all necessary precautions to ensure their own health and safety and that of any other person in the workplace;
(2)
at all appropriate times use the safety devices and wear the safety clothing or equipment provided by the employer or required under this Act to be used or worn;
(3)
comply with health and safety procedures and with instructions given for their own or any other person's health or safety by a person having authority over them;
(4)
report immediately to their immediate supervisor any situation which they have reason to believe would present a hazard and which they cannot correct; and
(5)
report any accident or injury that arises in the course of or in connection with their work.
10
Every self-employed person shall, so far as is reasonably practicable,
(1)
take all necessary precautions to ensure their own health and safety and that of any other person in the workplace;
(2)
at all appropriate times use the safety devices and wear the safety clothing or equipment required under this Act to be used or worn;
(3)
comply with health and safety procedures and with instructions given for their own or any other person's health or safety by a person having authority over them; and
(4)
report immediately to the person or an agent of the person who engaged them for the work they are doing
(a)
any situation which they have reason to believe would present a hazard and which they cannot correct, and
(b)
any accident or injury that arises in the course of or in connection with their work.
11
(1)
No person shall engage in any improper activity or behaviour that might create or constitute a hazard to themselves or any other worker.
(2)
For the purposes of subsection (1), improper activity or behaviour includes horseplay, scuffling, fighting, practical jokes, unnecessary running or jumping, or similar conduct.
12
(1)
When 20 or more workers are regularly employed at a workplace that is classified under the regulations as an "A" or "B" hazard, the employer shall initiate and maintain an occupational health and safety program.
(2)
Despite subsection (1), the chief industrial safety officer or the chief mines safety officer may, in writing, require a constructor or an employer to initiate and maintain an occupational health and safety program.
(3)
When 20 or more workers are regularly employed at a workplace for a period exceeding one month, the employer shall cause a joint health and safety committee to be established, unless the chief industrial safety officer or the chief mines safety officer is satisfied that a safety program in which the workers participate is maintained at the workplace and that the program protects the health and safety of the workers as well or better than a committee established under this section.
(4)
Despite subsection (3) the chief industrial safety officer or the chief mines safety officer may, by order in writing, require a constructor or an employer to establish and maintain one or more joint health and safety committees for a workplace and may, in the order, provide for the composition, practices, and procedures of any committees so established.
(5)
In exercising any power conferred by subsection (2), (3), or (4), the chief officer shall consider
(a)
the nature of the work being done;
(b)
the request of a group of workers or trade union representing the workers in the workplace;
(c)
the frequency of occupational injury or illness in the workplace or in the industry of which the constructor or employer is a part;
(d)
the effectiveness of any health and safety programs that exist in the workplace; and
(e)
any other relevant matters considered advisable.
(6)
A committee shall consist of a minimum of four and a maximum of 12 persons of whom at least half shall be workers who do not exercise managerial functions and shall be selected by the workers they represent or by the trade union, if any, that represents the workers.
(7)
Committees shall have two co-chair, one chosen by the employer members, the other chosen by the worker members, and the co-chair shall alternate the function of chairing the meetings of the committee and shall participate fully in the deliberations and decisions of the committee.
(8)
When a committee has been established under this section, the employer shall cause the workers to select at least one health and safety representative who is from among the workers selected for the committee and who does not exercise managerial or supervisory functions.
(9)
The health and safety representative may
(a)
inspect the physical condition of the workplace or part thereof for which they have been selected once each month or at those intervals that the chief industrial safety officer or chief mines safety officer may direct;
(b)
observe and if qualified to do so assist in or conduct tests for noise, lighting, and controlled products or agents in the workplace or part thereof for which they have been selected; and
(c)
if there is a serious accident or a serious injury at a workplace, accompany the safety officer during an investigation of the place where the accident or injury occurred.
(10)
Each committee shall
(a)
identify situations that may be a source of danger or hazard to workers;
(b)
investigate and deal with complaints relating to health and safety of workers represented by the committee;
(c)
develop and promote programs, measures, and procedures for the protection of health and safety and for the education and training of workers represented by the committee;
(d)
make recommendations to the constructor or employer and to the workers for the improvement of the health and safety of workers;
(e)
review all accident investigation reports and participate in investigations into accidents that result in or have high potential for serious or fatal injuries;
(f)
inquire into matters pertaining to health and safety including consultation with persons who are technically qualified to advise the committee on those matters; and
(g)
obtain from the constructor or employer any information respecting existing or potential hazards with respect to materials, processes, or equipment that is possessed by or might be reasonably obtained by the constructor or employer.
(11)
Every committee shall keep minutes of its meetings and records of the disposition of all matters that come before it.
(12)
Every committee shall meet during regular working hours at least once every month, and when meetings are urgently required as a result of an emergency or other special circumstances, the committee shall meet as required whether or not during regular working hours.
(13)
A member of the committee is entitled to any time from work necessary to attend meetings or to carry out any other functions as a member of the committee.
(14)
The time spent by a member of the committee attending meetings or carrying out other functions as a member of the committee shall, for the purpose of calculating wages owing, be deemed to have been spent at work irrespective of whether the member would otherwise have been at work.
(15)
Any committee of a like nature to a committee established under this section in existence at the workplace under the provision of a collective agreement or other agreement between a constructor or an employer and the workers has, in addition to its functions and powers under the agreement, the functions and powers conferred on a committee by this section.
13
(1)
When no committee is required to be established under section 12 and the number of workers regularly employed for a period exceeding one month at a workplace is
(a)
five or more at a workplace that is classed under the regulations as an "A" hazard;
(b)
10 or more at a workplace that is classed under the regulations as a "B" hazard; or
(c)
15 or more at a workplace that is classed under the regulations as a "C" hazard, the employer shall cause the selection of one or more health and safety representatives who do not exercise managerial functions.
(2)
If no committee has been established under section 12 and no health and safety representative has been selected under subsection (1), then, regardless of how many workers are regularly employed at the workplace, the chief industrial safety officer or the chief mines safety officer may, by order in writing, require an employer to cause the selection of one or more health and safety representatives who do not exercise managerial functions and who have the qualifications the officer specifies.
(3)
The chief industrial safety officer may from time to time give any directions considered necessary concerning the carrying out of the functions of a health and safety representative.
(4)
The selection of a health and safety representative shall be made by those workers who do not exercise managerial or supervisory functions and who will be represented by the health and safety representative in the workplace.
(5)
A health and safety representative may
(a)
inspect the physical condition of the workplace or part thereof for which they have been selected once each month or at any intervals the chief industrial safety officer or chief mines safety officer may direct; and
(b)
observe and when qualified to do so, assist in or conduct tests for noise, lighting, and controlled products or agents in the workplace or part thereof for which they have been selected.
(6)
The employer and the workers shall provide to the health and safety representative any information and assistance needed for the purpose of carrying out the inspection or tests referred to in subsection (4).
(7)
A health and safety representative shall identify situations that may be hazardous to workers and shall report those situations to the employer and to the workers or the trade union or unions, if any, representing the workers.
(8)
If there is a serious accident or serious injury at a work place, the health and safety representative may accompany the safety officer during an investigation of the place where the accident or injury occurred.
(9)
A health and safety representative is entitled to take any time from work necessary to carry out the duties specified in subsections (4), (5), (6), and (7).
(10)
The time spent by a health and safety representative to carry out the duties specified in subsections (5), (6), (7), and (8) shall, for the purpose of calculating wages owing, be deemed to have been spent at work irrespective of whether the representative would otherwise have been at work.
(11)
A health and safety representative shall keep records of all matters dealt with and shall make those records available to the employer or constructor and a safety officer on request.
(12)
A health and safety representative may appeal to the chief industrial safety officer or the chief mines safety officer to resolve any differences of opinion with the employer concerning health and safety matters and the decision of the chief officer shall be final.
14
The employer shall orientate joint health and safety committee co-chairs and health and safety representatives to their functions and duties within 90 days of their selection and shall permit them to participate in a training course offered or designated by the director as soon as such a course is available to them after their selection. Time spent by the employees in the orientation and the course shall be deemed to be regular working hours.
15
(1)
A worker may refuse to work or do particular work if the worker has reason to believe that
(a)
the use or operation of a machine, device, or thing constitutes an undue hazard to that worker or any other person; or
(b)
a condition exists in the workplace that constitutes an undue hazard.
(2)
A worker who refuses to work or do particular work shall immediately report the circumstances of the matter to their employer or supervisor who shall immediately investigate the situation reported in the presence of the worker and in the presence of
(a)
the committee, if any;
(b)
a health and safety representative, if any, who represents the worker; or
(c)
a worker selected by the employee, who shall be made available and shall attend without delay.
(3)
After the investigation referred to in subsection (2) and any action taken to remove the hazard, the worker may again refuse to work or do particular work because of that hazard if they have reasonable cause to believe that
(a)
the use or operation of the machine, device, or thing continues to constitute an undue hazard to them or to any other person; or
(b)
the condition of the workplace continues to constitute an undue hazard.
(4)
A worker who refuses under subsection (3) to work or do particular work shall immediately report the circumstances of the matter to their employer or supervisor and the employer or supervisor shall then immediately report the circumstances of the matter to a safety officer.
(5)
No worker may exercise their right under subsection (1) or (3) if their refusal to perform the work puts the life, health, safety, or physical well-being of another person in immediate danger or if the conditions under which the work is to be performed are ordinary conditions in that kind of work.
16
(1)
On receiving a report under subsection 15(4) about a worker's refusal to work, a safety officer shall immediately investigate or cause another safety officer to investigate the matter.
(2)
On completion of an investigation made pursuant to subsection (1) the safety officer shall decide whether or not the machine, device, or thing, or workplace or part thereof constitutes an undue hazard to the worker or another person.
(3)
The safety officer shall give their decision in writing as soon as is practicable to the employer, the worker, and the worker's representative.
(4)
Until the investigation and decision by the safety officer, the worker shall remain at a safe place near their work station during their normal working hours unless the employer, subject to the provisions of a collective agreement, if any, assigns the worker reasonable alternative work during those hours.
(5)
Until the investigation and decision of the safety officer, no worker shall be assigned to use or operate the machine, device, or thing or to work in the workplace or the part thereof that is being investigated, unless the worker to be so assigned has been advised of the other worker's refusal and the reason for it.
(6)
The time spent by a person pursuant to subsection (4) shall be deemed to be work time for which the person shall be paid by the employer at that person's regular or premium rate as may be the case.
(7)
The employer may, within 10 days following the final decision, dismiss, suspend, or transfer a worker or impose a disciplinary measure, if the final decision indicates that the worker abused their right.
17
Despite subsection 26(2), an appeal against a decision or an order of a safety officer under section 15 must be delivered to the director within seven days after the date of the decision or order.
18
(1)
No employer or trade union or person acting on behalf of an employer or trade union shall
(a)
dismiss or threaten to dismiss a worker;
(b)
discipline or suspend or threaten to discipline or suspend a worker;
(c)
impose any penalty on a worker;
(d)
intimidate or coerce or attempt to intimidate or coerce a worker or a member of the worker's family; or
(e)
take any discriminatory action against an employee
(2)
If an employer or trade union or person acting on behalf of an employer or trade union is convicted of a contravention of subsection (1), the convicting court may order
(a)
the employer or trade union or a person acting on behalf of an employer or trade union to cease the conduct that is in contravention, if that conduct is continuing, and to reinstate the worker to their former employment under the same terms and conditions under which they were formerly employed;
(b)
the employer to pay to the worker any wages the worker was deprived of by the contravention; and
(c)
the employer or the trade union, as the case may be, to remove any reprimand or other reference to the matter in the employer's or trade union's records on the worker's conduct.
19
(1)
The board shall designate a member of the public service as director of occupational health and safety to administer this Act.
(2)
The director shall have all of the powers of a chief industrial safety officer and a chief mines safety officer and, subject to the direction and authority of the president of the board, the director shall have supervision of the administration and enforcement of this Act.
20
The president of the board shall designate persons in the public service as chief industrial safety officer, chief mines safety officer and safety officers to administer and enforce this Act under the president of the board and the director.
21
A safety officer shall be supplied by the Minister with a certificate of their authority, and on entering any workplace shall, if so requested, produce the certificate to the person in charge of that workplace.
22
(1)
The board may enter into agreements with any federal or provincial government department or agency specifying terms and conditions under which a person employed by that federal department or agency or province or provincial body may act as a safety officer for the purposes of this Act.
(2)
The board may enter into agreements with any federal or provincial government department or agency specifying the terms and conditions under which testing laboratories may be approved as testing laboratories under this Act.
23
(1)
The board may conduct research into the cause and prevention of occupational injury and illness and may undertake any research in cooperation with any federal government department or agency, with any province or with any organization undertaking similar research.
(2)
The board may publish the results of the research undertaken pursuant to this section and may compile, prepare, and disseminate data or information bearing on health and safety whether obtained from that research or otherwise.
24
The board may undertake programs to reduce or prevent occupational injury and illness and may undertake those programs in cooperation with any federal department or agency, with any province or with any organization undertaking similar programs.
25
(1)
The board may approve and issue those codes of practice that are suitable in its opinion to provide practical guidance with respect to the requirements of any provisions of the regulations.
(2)
When a code of practice is approved by the board, it shall cause the code to be filed and published under the Regulations Act in the same way as if the code were a regulation.
(3)
The provisions of an approved code of practice do not have the force of law and the failure by any person to observe any provision of an approved code of practice is not of itself an offence.
(4)
If a person is charged with a breach of any provision of the regulations in respect of which the board has issued a code of practice, that code is admissible as evidence in a prosecution for the violation of the provision of the regulations.
(5)
On application in writing to it, the board may, after consultation with other interested parties, vary or revoke any provision or standard of the code of practice in respect of and to meet the special circumstances of a particular case, if the health and safety of any worker is not jeopardized.
26
(1)
Any person aggrieved or any trade union representing a worker aggrieved by a decision or an order given by the director, a chief officer, or a safety officer or the refusal of the director, a chief officer, or a safety officer to give an order under the Act or the regulations, may appeal to the board.
(2)
An appeal must be in writing and delivered to the director within 21 days after the date of the direction or decision of the director, chief officer, or safety officer.
(3)
If the director receives an appeal pursuant to subsection (2) the director shall forward the appeal immediately to the board.
(4)
The board may deny or allow all or part of the appeal and may make any order that it considers the director, chief officer, or safety officer ought to have made.
(5)
When an appeal is commenced under subsection (1), the commencement of that appeal does not by itself operate as a stay of the order or direction being appealed, but the board may grant any a stay, in whole or in part and on any conditions that are just, until the disposition of the appeal.
27
(1)
When a matter comes before the board pursuant to this Act, the board shall begin its inquiry into the matter within 21 days.
(2)
The board shall give full opportunity to the parties to a proceeding to present evidence and to make submissions to it and, if the board considers it necessary, it may hold a hearing.
(3)
In a proceeding before the board, the parties shall be
(a)
the person alleged to have contravened the Act or against whom an order is sought;
(b)
the complainant, if any;
(c)
the director or the director's authorized representative; and
(d)
any other person specified by the board.
28
(1)
A decision or order of the board or a panel is final and binding.
(2)
Despite subsection (1), the board may on its own motion reconsider any decision or order made by it or a panel and may vary or revoke the decision or order at any time within 21 days after the day on which the decision or order was made.
29
In addition to the functions and duties conferred on it by this Act, the board shall advise the Minister with respect to any matter within the purview of this Act that the Minister wishes to refer to it.
30
(1)
In this section, "serious accident" means
(a)
an uncontrolled explosion,
(b)
failure of a safety device on a hoist, hoist mechanism, or hoist rope,
(c)
collapse or upset of a crane,
(d)
collapse or failure of a load-bearing component of a building or structure regardless of whether the building or structure is complete or under construction,
(e)
collapse or failure of a temporary support structure,
(f)
an inrush of water in an underground working,
(g)
fire or explosion in an underground working,
(h)
collapse or cave-in, of a trench, excavation wall, underground working, or stockpile,
(i)
accidental release of a controlled product,
(j)
brake failure on mobile equipment that causes a runway,
(k)
any accident that likely would have caused serious injury but for safety precautions, rescue measures, or chance;
(2)
"serious injury" means
(a)
an injury that results in death,
(b)
fracture of a major bone, including the skull, the spine, the pelvis, or the thighbone,
(c)
amputation other than of a finger or toe,
(d)
loss of sight of an eye,
(e)
internal bleeding,
(f)
third degree burns,
(g)
dysfunction that results from concussion, electrical contact, lack of oxygen, or poisoning, or
(h)
an injury that results in paralysis (permanent loss of function);
(3)
If a serious injury or a serious accident takes place at or on any work, undertaking, or business, the employer or person responsible for that place of work, undertaking, or business shall immediately, or as soon as reasonably practicable, give notice to a safety officer, or the office of a safety officer, of the injury or accident.
(4)
No person may, except insofar as is necessary for the purpose of saving life or relieving suffering and protecting property that is endangered as a result of the accident, interfere with anything connected with a serious injury or a serious accident until a safety officer or a member of the Royal Canadian Mounted Police has completed an investigation into the accident or authorizes the interference.
(5)
If a serious injury or a serious accident has not resulted in death, a safety officer may authorize a health and safety representative from the workplace to conduct the investigation on the safety officer's behalf.
(6)
If no safety officer is available to receive notice from the employer or if, as a result of an inadequacy in the system provided by the Government of the Yukon for communication with a safety officer, the employer is unable to give notice to a safety officer or if a safety officer has advised that an immediate investigation cannot be made, the employer may move or permit to be moved anything at the scene connected with a serious injury or a serious accident, if details of the scene are first recorded by photographs, drawings, or other means.
31
The director may require an employer to post and keep posted a notice relating to the administration or enforcement of this Act or the regulations in a conspicuous place where it is most likely to come to the attention of employees, and the employer shall post and keep posted any such notice.
32
(1)
A safety officer shall
(a)
make any inspections and inquiries and carry out any tests necessary to ensure that this Act and the regulations are being complied with; and
(b)
carry out any other duties assigned to safety officers pursuant to this Act.
(2)
For the purposes of administering and enforcing this Act, the regulations, or any order made under this Act or the regulations, a safety officer shall conduct any investigations necessary and may
(a)
at any reasonable time, enter any place to which the public is customarily admitted;
(b)
with the consent of an occupant apparently in charge of the premises, enter any other place;
(c)
for the safety officer's examination, request the production of documents or things that are or may be relevant to the investigation;
(d)
on giving a receipt therefor, remove from any place documents produced in response to a request under paragraph (c) for the purpose of making copies of them or extracts from them;
(e)
on giving a receipt therefor remove from any place any other thing produced in response to a request under paragraph (c) to retain possession of it until conclusion of the investigation or proceedings under this Act;
(f)
take or remove for purposes of analysis samples of materials and substances used or handled by workers, subject to the employer or their representative being notified of any samples or substances taken or removed for that purpose;
(g)
require that a workplace or part thereof not be disturbed for a reasonable period of time for the purpose of carrying out an examination, investigation, or test;
(h)
require that any equipment, machine, device, thing, or process be operated or set in motion or that a system or procedure be carried out that may be relevant to an examination, investigation, or test;
(i)
require an owner, constructor, or employer to provide, at the expense of the owner, constructor, or employer, a report bearing the seal and signature of a professional engineer stating
i.
the load limits of a floor, roof, temporary work platform, part of a building, structure, or temporary work, or
ii.
that a floor, roof, or temporary work platform is capable of supporting or withstanding the loads being applied to it or likely to be applied to it;
(j)
require an owner of a mine or part thereof to provide, at the owner's expense, a report in writing bearing the seal and signature of a professional engineer stating that the ground stability of the mining methods and the support or rock reinforcement used in the mine or part thereof is such that a worker is not likely to be endangered; and
(k)
require an employer to produce material data safety sheets and any other records of information relating to any controlled products or combination of those products used or intended to be used in a workplace.
(3)
If a safety officer removes documents under paragraph (2)(d), they shall return them within 72 hours.
33
(1)
For the purposes of this Act, a safety officer may at any reasonable time enter on any property, place, or thing used in connection with the operation of a work, undertaking, or business, may inspect it and may for those purposes, question any worker apart from their employer.
(2)
For the purpose of carrying out the provisions of this Act or the regulations, a safety officer may be accompanied by a person designated by the safety officer to carry out any examinations and inspections and take any samples as directed by the safety officer.
(3)
The person in charge of any workplace and every person employed therein shall give a safety officer all reasonable assistance to enable the safety officer to carry out their duties under this Act.
(4)
A safety officer acting under subsection (1) shall not, without the consent of the occupier, enter a place that is being used as a dwelling, except under the authority of a warrant to enter issued under subsection (7).
(5)
If any person who has or may have documents or other things that are or may be relevant to an investigation denies the investigating officer entry to any place, instructs the safety officer to leave any place or impedes or prevents an investigation by a safety officer in a place, the safety officer may apply to a justice of the peace for a warrant to enter under subsection (7).
(6)
If a person refuses to comply with a request or demand of a safety officer under section 32 or subsection (3) for production of documents or things, the safety officer may apply to a justice of the peace for an order for the production of the documents or things.
(7)
If a justice of the peace is satisfied by evidence on oath or affirmation that there are reasonable grounds to believe it is necessary that a place that is being used as a dwelling or to which entry has been denied be entered to investigate any matter under this Act, the justice of the peace may issue in the prescribed form a warrant to enter authorizing entry by any safety officer named in the warrant.
(8)
If a justice of the peace is satisfied by evidence on oath or affirmation that a request or demand under section 32 or subsection (3) for production of a document or thing has been refused and that there are reasonable grounds to believe that production of the document or thing is necessary to investigate any matter under this Act, the justice of the peace may make an order for the production of documents or things in the prescribed form authorizing any safety officer named in the order to seize the documents or things described in the order.
(9)
An order under subsection (8) for the production of documents or other things may be included in a warrant to enter issued under subsection (7) or may be made separately from such a warrant.
(10)
A warrant issued under subsection (7) and every separate order made under subsection (8) shall name a date on which it expires, which shall be a date not later than 14 days after it is issued or made.
(11)
An application for a warrant to enter or for an order for the production of documents or things may be made without notice to any party.
34
(1)
When a safety officer inspects a workplace, the employer shall allow a safety committee member representing workers or a health and safety representative, if any, or a worker selected by a trade union or trade unions, if any, representing workers in that workplace, or if there are none of the above, a worker selected by the workers to represent them, the opportunity to accompany the safety officer during the safety officer's inspection of a workplace, or any part thereof.
(2)
If there is no safety committee member representing workers, no health and safety representative, or no worker selected under subsection (1) available at the time of the inspection, the safety officer shall endeavour to consult during the safety officer's inspection with a reasonable number of workers concerning health and safety at their workplace.
(3)
Despite the provisions of subsection (1),
(a)
a safety officer shall not be required to postpone or delay an inspection because a safety committee member, a health and safety representative, or a worker representative is not available; and
(b)
a safety officer may refuse permission for a safety committee member, health and safety representative, a worker representative, or an employer's representative to accompany the safety officer or to participate in an inquiry, survey, or test, if in the opinion of the safety officer the presence of those representatives would adversely affect the conduct or integrity of the inquiry, survey, or test.
(4)
The time spent by a safety committee member, a health and safety representative or a worker's representative in accompanying a safety officer on an inspection shall, for the purpose of calculating wages, be deemed to have been spent at work irrespective of whether the member or representative would otherwise have been at work.
35
(1)
No person shall obstruct or hinder a safety officer engaged in carrying out duties under this Act.
(2)
No person shall make a false or misleading statement either orally or in writing to a safety officer engaged in carrying out duties under this Act.
(3)
A person may be required to furnish information pursuant to this Act by a notice to that effect served personally or sent by certified mail addressed to the last known address of the person for whom the notice is intended, and the person shall furnish the information within any reasonable time specified in the notice.
36
(1)
No safety officer or any person designated pursuant to subsection 33(2) shall be required to give testimony in any civil suit with regard to information obtained by them in the discharge of their duties pursuant to this Act except with the written permission of the board.
(2)
No safety officer or any person designated pursuant to subsection 33(2) who is admitted into any place in pursuance of the powers conferred by this Act shall disclose to any person any information obtained by them therein with regard to any process or trade secret except for the purpose of this Act or as required by law.
(3)
Except for the purposes of this Act or as required by law, no person shall publish or disclose the results of any particular analysis, examination, testing, inquiry, or sampling made or taken by or at the request of a safety officer.
(4)
No person to whom any information obtained pursuant to this Act is communicated in confidence
(a)
shall divulge the name of the informant to any person except for the purposes of this Act or as required by law; or
(b)
is competent or compellable to divulge the name of the informant before any court or other tribunal.
37
No action or other proceeding for damages lies or shall be commenced against the board, members or the board, a safety officer, a safety representative, or a safety committee member for an act or an omission done or omitted in good faith in the execution or intended execution of any power or duty under this Act or the regulations.
38
(1)
In the course of carrying out an inspection, a safety officer may give orders orally or in writing for the carrying out of anything that may be required under this Act or the regulations and may require that the orders be carried out within any reasonable time as they may specify in the order.
(2)
An order made under subsection (1) shall indicate the nature of any contravention of this Act or the regulations and if appropriate the location of the contravention.
(3)
Any oral order given under subsection (1) shall be confirmed in writing by the safety officer, insofar as it is reasonably practicable to do so, before leaving the workplace.
39
If a safety officer determines that any place, matter, or thing, or any part thereof, in a workplace constitutes a source of imminent danger to the health or safety of persons employed there or in connection with it, the safety officer may give an order in writing to the employer or person in charge to take measures immediately or within a specified time to protect the persons from danger.
40
(1)
If a safety officer determines that the imminent danger cannot otherwise be protected against immediately, the safety officer may order that the place, matter, or thing shall not be used until the orders given under section 39 are complied with, but nothing in this subsection prevents the doing of any work necessary for the proper compliance with the orders given under section 39.
(2)
A safety officer who gives an order under subsection (1) shall affix to or near the place, matter, or thing, or any part thereof, a notice in the prescribed form and no person except a safety officer shall remove the notice unless authorized by a safety officer.
(3)
If a safety officer gives an order under subsection (1) in respect of any place, matter, or thing, the employer or person in charge thereof shall discontinue the use of the place, matter, or thing and no person shall occupy or use the place, matter, or thing until the measures directed by the safety officer have been taken.
41
If a safety officer gives an order in writing or issues a report of an inspection to an employer or person in charge of a workplace, the employer or person in charge shall immediately cause a copy or copies thereof to be posted in a conspicuous place or places in the workplace where it is likely to come to the attention of the workers and shall furnish a copy of the order or report to the health and safety representative and the committee, if any, and the safety officer shall cause a copy thereof to be furnished to the person who complained of the contravention of this Act or the regulations.
42
(1)
Whenever, as specified by the regulations, the chief industrial safety officer or the chief mines safety officer believes or has reason to believe that, as a result of conditions in the workplace, an employee is or may be affected with an occupational illness, they may, by order in writing, require that employee to undergo medical examination for the purpose of determining whether or not the employee is affected with an occupational illness.
(2)
A medical examination carried out under subsection (1) shall, when practicable, be carried out during the normal working hours of the employee, and the costs shall in all cases be paid by the employer.
(3)
If an employee is examined during their normal working hours, their 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.
43
(1)
A qualified medical practitioner who has performed a medical examination under subsection 42(1) or attended an employee who became ill or was injured while engaged in their employment shall, at the request of the chief industrial safety officer or the chief mines safety officer, provide the chief industrial safety officer or the chief mines safety officer with any medical reports they require in relation to the employee attended or examined.
(2)
Except for the purposes of this Act or as required by law, no person shall disclose any information obtained in any medical report about an employee made or taken under this Act or the regulations, unless the information is disclosed in a form calculated to prevent the information from being identified with a particular person or case.
44
(1)
A person who contravenes this Act or the regulations commits an offence and is liable on summary conviction
(a)
for a first offence, to a fine up to $150,000 and, in the case of a continuing offence, to a further fine of up to $15,000 for each day during which the offence continues after the first day or part of a day, or to imprisonment for as long as 12 months, or to both the fine and imprisonment; and
(b)
for a second or subsequent offence, to a fine of up to $300,000 and, in the case of a continuing offence, to a further fine of up to $25,000 for each day or part of a day during which the offence continues after the first day, or to imprisonment for as long as 24 months, or to both the fine and imprisonment.
(2)
A person who fails to comply with an order made under this Act or the regulations commits an offence and is liable on summary conviction
(a)
for a first offence, to a fine of up to $200,000 and, in case of a continuing offence, to a further fine of up to $17,500 for each day during which the offence continues after the first day or part of a day, or to imprisonment for as long as 18 months, or to both the fine and imprisonment; and
(b)
for a second or subsequent offence, to a fine of up to $350,000 and, in the case of a continuing offence, to a further fine of up to $27,500 for each day during which the offence continues after the first day or part thereof, or to imprisonment for as long as 30 months, or to both the fine and imprisonment.
(3)
Despite subsection (2), a person who fails to comply with an order made under section 40 commits an offence and is liable on summary conviction
(a)
for a first offence, to a fine of up to $250,000 and, in the case of a continuing offence, to a further fine of up to $20,000 for each day during which the offence continues after the first day or part of a day, or to imprisonment for as long as 24 months, or to both the fine and imprisonment; and
(b)
for a second or subsequent offence, to a fine of up to $400,000 and, in the case of a continuing offence, a further fine of up to $30,000 for each day during which the offence continues after the first day or part thereof, or imprisonment for as long as 36 months, or to both the fine and imprisonment.
(4)
Despite subsection (1), a person who knowingly makes any false statement or knowingly gives false information to a safety officer, a peace officer, a safety committee, or a health and safety representative commits an offence and is liable on summary conviction to a fine of up to $5,000 or to imprisonment for as long as 12 months, or to both.
45
(1)
If a safety officer believes on reasonable grounds that a person has committed an offence under subsection 44(1), (2), or (3), then, as an alternative to prosecution for the offence, the officer may levy an administrative penalty against the alleged offender in the following amount
(a)
for a first offence, up to $5,000 and, in the case of a continuing offence, to a further penalty of up to $500 for each day or part of a day during which the offence continues after the first day; and
(b)
for a second offence, up to $10,000 and, in the case of a continuing offence, to a further penalty of up to $1,000 for each day or part of a day during which the offence continues after the first day.
(2)
The administrative penalty may be levied by serving on the alleged offender a notice of levy of administrative penalty in the same way as the Summary Convictions Act authorizes a ticket to be served.
(3)
Within 21 days of being served with notice of the levy the alleged offender may by written notice to the board appeal the levy of the administrative penalty to the board, and the board may
(a)
revoke the levy;
(b)
decrease the levy; or
(c)
confirm the
(4)
The notice may be delivered to the director who shall immediately notify the board of the appeal.
(5)
If an alleged offender on whom a safety officer has served a notice of levy of administrative penalty
(a)
has not paid the administrative penalty within 21 days of being served with notice of the levy, or within any extended time that the director agrees to;
(b)
has not appealed the levy within the time for doing so; or
(c)
has appealed the levy and been required by the board to pay an administrative penalty, but has failed to pay it within 21 days of the board's decision, or within any extended time that the director agrees to,
(6)
An alleged offender on whom a safety officer has served a notice of levy of administrative penalty shall not be prosecuted for the offence if
(a)
the alleged offender pays the administrative penalty within 21 days of being served with notice of the levy, or within any extended time that the director agrees to;
(b)
having appealed within the time for doing so and having been required by the board to pay an administrative penalty, the alleged offender pays the administrative penalty within 21 days of the board's decision, or within any extended time that the director agrees to;
(c)
the alleged offender appeals the levy within the time for doing so and the board revokes the levy; or
(d)
the director issues a certificate under subsection (5).
(7)
The payment of an administrative penalty, or an admission of liability to pay it, may be used as a record of offences for the levying of subsequent administrative penalties, but may not be used or received in evidence for the purpose of sentencing after conviction of an offence.
(8)
Administrative penalties shall be paid to the director who shall immediately after payment transmit the money to the board for deposit in the board's compensation fund to the credit of the class or subclass that includes the employment or activity that gave rise to the penalty.
46
(1)
A prosecution under this Act shall not be commenced after the expiration of one year after the commission of the alleged offence.
(2)
No proceeding in respect of any offence under this act or the regulations shall be commenced except by the director.
(3)
In any prosecution for an offence under this Act, a copy of an order purporting to have been made under this Act or the regulations and purporting to have been signed by the person authorized by this Act or the regulations to make the order is evidence of the order without proof of the signature or authority of the person by whom it purports to be signed.
47
The director may apply to a judge of the Supreme Court for and the judge may grant an injunction enjoining any person from continuing conduct that is in contravention of this Act or the regulations.
48
(1)
If a controlled product or combination of those products is used or intended to be used in the workplace and its use is likely to endanger the health of a worker or some other person, the director may give notice in writing to the employer ordering that the use, intended use, presence, or manner of use be
(a)
stopped;
(b)
limited or restricted in any manner the director specifies; or
(c)
subject to any conditions regarding administrative control, work practices, engineering control, and worker exposure time limits that the director specifies.
(2)
If the director makes an order to an employer under subsection (1), the order shall
(a)
identify the controlled product or combination of those products, and the manner of use that is the subject matter of the order; and
(b)
state the opinion of the director as to the likelihood of the danger to the health of a worker or other person and the causes that give rise to that opinion.
(3)
The employer shall provide a copy of an order made under subsection (1) to the health and safety committee, the health and safety representative, and the trade union or trade unions representing workers in that workplace, if any, and shall cause a copy of the order to be posted in a conspicuous place in the workplace.
(4)
In making a decision or order under subsection (1), the director shall consider
(a)
the reaction of the controlled product, combination of those products or by-product to a controlled product that is known to be a danger to health;
(b)
the quantities of the controlled product, combination of those products or by-product to a controlled product, present, used or intended to be used;
(c)
the length of time of the exposure or exposures;
(d)
the availability of other processes, agents, or equipment that can be substituted for the particular use or intended use;
(e)
data regarding the effect of the process or controlled product on health; and
(f)
any criteria or guide to the exposure of a worker to the controlled product or combination of those products, that are adopted by a regulation under this Act or that are recommended by a competent authority.
49
(1)
Except for purposes of research and development, no person shall manufacture, distribute, or supply for commercial or industrial use in a workplace any new biological or chemical agent or combination of those agents unless they first submit to the director notice in writing of their intention to manufacture, distribute, or supply the new agent or combination of those agents.
(2)
A biological or chemical agent or combination of those agents is not new solely because of the fact that it has not previously been manufactured, distributed, or supplied in the Yukon.
(3)
The notice submitted under subsection (1) shall include the ingredients of the new agent or combination of agents, their common or generic name or names and the composition and properties thereof.
50
If the introduction of the new biological or chemical agent or combination of those agents referred to in subsection 49(1) may endanger the health and safety of the workers, the director shall require the manufacturer, distributor, or supplier, as the case may be, to provide at the expense of the manufacturer, distributor, or supplier, a report or assessment made or to be made by a person possessing those special expert qualifications specified by the director, about the agent or combination of agents intended to be manufactured, distributed, or supplied indicating the manner of use, including the health effects of exposure, the protective equipment used or to be used, engineering controls to prevent exposure, provisions to be made for emergency exposures, and the effect of use, transport, and disposal.
51
(1)
The Commissioner in Executive Council may make any regulations in relation to matters within the purview of this Act that are considered necessary to carry the provisions and purposes of this Act into effect.
(2)
Without limiting the generality of subsection (1), the Commissioner in Executive Council may make regulations
(a)
designating or defining any industry, workplace, employer, or class of workplaces or employers for the purposes of this Act, a part of this Act, or the regulations or any provision thereof;
(b)
exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer, or any class thereof from the application of a regulation or any provision thereof;
(c)
respecting any matter or thing that is required or permitted to be regulated or prescribed under this Act;
(d)
respecting any matter or thing, when a provision of this Act requires that the matter or thing be done, used, carried out, or provided as prescribed;
(e)
regulating or prohibiting the installation or use of any machine, device, or thing or any class thereof;
(f)
requiring that any equipment, machine, device, article, or thing used in a workplace bear the seal of approval of an organization designated by the regulations to test and approve the equipment, machine, device, article, or thing, and designating organizations for those purposes;
(g)
respecting the reporting by physicians and others of workers affected by any biological, chemical, or physical agents or combination thereof;
(h)
regulating or prohibiting atmospheric conditions to which any worker may be exposed in a workplace;
(i)
prescribing methods, standards, or procedures for determining the amount, concentration, or level of any atmospheric condition or any biological, chemical, or physical agent, or combination thereof, in a workplace;
(j)
prescribing any biological, chemical, or physical agent or combination thereof as a controlled product;
(k)
prohibiting, regulating, restricting, limiting, or controlling the handling of, exposure to, or the use and disposal of a controlled product;
(l)
enabling the director to designate that any part of a project shall be an individual project for the purposes of this Act;
(m)
designating laboratories for the purpose of carrying out and performing sampling, analysis, tests, and examinations, and requiring that sampling, analysis, examinations, and tests be carried out and performed by a designated laboratory;
(n)
imposing requirements with respect to the testing, labelling, or examination of any substance used in a workplace;
(o)
imposing requirements with respect to any matter affecting the conditions in which persons work, including such matters as the structural condition and stability of places of employment, safe means of access to and egress from places of employment, cleanliness, temperature, lighting, ventilation, overcrowding, noise, vibrations, ionizing, and other radiations, dust, and fumes at places of employment;
(p)
requiring and regulating the establishment, equipping, operation, and maintenance of mine rescue stations, and authorizing the Minister to establish, equip, operate, and maintain those stations and to recover some or all of the cost thereof from mine owners by any assessment on mines that may be prescribed;
(q)
imposing requirements with respect to the provision and use in specific circumstances of protective clothing or equipment, including clothing affording protection against the hazards of work and against unusual exposure to the weather;
(r)
imposing requirements with respect to the instruction, training, and supervision of workers;
(s)
specifying conditions under which work of a hazardous nature may be performed;
(t)
regulating the use of explosives;
(u)
prescribing or prohibiting procedures, techniques, measures, steps, and precautions for carrying out any process or operation;
(v)
restricting the performance of specified functions to persons possessing specified qualifications or experience;
(w)
requiring a person to obtain a permit for the carrying on of any specified activity affecting the health or safety of workers, setting out the terms and conditions of the permit and the fee payable;
(x)
respecting the suspension, revocation, or cancellation of any licence or permit issued under this Act or the regulations;
(y)
requiring the preparation, maintenance, and submission of records, information, and reports respecting statistical data pertaining to accidents, accident prevention, safety standards, occupational illness, occupational illness prevention, and workplace health standards;
(z)
respecting standards of transportation and first-aid services for sick or injured workers.