23

 


Second Session, 46th General Assembly

58 Elizabeth II, 2009

BILL 23

AN ACT TO AMEND THE OCCUPATIONAL HEALTH
AND SAFETY ACT

Received and Read the First Time...................................................................

Second Reading..............................................................................................

Committee......................................................................................................

Third Reading.................................................................................................

Royal Assent...................................................................................................

HONOURABLE KEVIN O'BRIEN

Minister of Government Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Occupational Health and Safety Act to provide a definition of "supervisor".

Clause 2 of the Bill would amend the Act to establish the duties of supervisors.

Clause 3 of the Bill would repeal section 61 of the Act respecting the registration of workers.

Clause 4 of the Bill would remove the reference in section 65 of the Act to the making of regulations respecting the appointment of advisory committees on matters relating to the safe use of electricity.

Clause 5 of the Bill would repeal the regulations which provided for the establishment of the Electrical Advisory Committee and the Fisheries Advisory Committee.

Clause 6 of the Bill is a commencement clause.

A BILL

AN ACT TO AMEND THE OCCUPATIONAL HEALTH AND SAFETY ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   Ss.5.1 and 5.2 Added
5.1   Supervisors' general
        duty
5.2   Specific duties of
        supervisors

        3.   S.61 Rep.
Registration of workers

        4.   S.65 Amdt.
Regulations

        5.   CNLR 1164/96 Rep.

        6.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cO-3
as amended

        1. Section 2 of the Occupational Health and Safety Act is amended by adding immediately after paragraph (k) the following:

          (k.1)  "supervisor" means a person authorized or designated by an employer to exercise direction and control over workers of the employer;

 

        2. The Act is amended by adding immediately after section 5 the following:

Supervisors' general duty

      5.1 A supervisor shall ensure, where it is reasonably practicable, the health, safety and welfare of all workers under his or her supervision.

Specific duties of supervisors

      5.2 A supervisor shall

             (a)  advise workers under his or her supervision of the health or safety hazards that may be met by them in the workplace;

             (b)  provide proper written or oral instructions regarding precautions to be taken for the protection of all workers under his or her supervision; and

             (c)  ensure that a worker under his or her supervision uses or wears protective equipment, devices or other apparel that this Act, the regulations or the worker's employer requires to be used or worn.

 

        3. Section 61 of the Act is repealed.

 

        4. Paragraph 65(1)(w) of the Act is amended by deleting the words "and the safe use of electricity".

CNLR 1164/96 Rep.

        5. The Occupational Health and Safety Electrical and Fisheries Advisory Committees Regulations, Consolidated Newfoundland and Labrador Regulation 1164/96, is repealed.

Commencement

        6. This Act comes into force on the day the Occupational Health and Safety Regulations, 2009 come into force.