Duties (Employers, Prime Contractor, Supervisors and Workers)

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Summary

Occupational health and safety law in Saskatchewan requires working together. Everyone is legally responsible for workplace safety. Employers, the prime contractor, supervisors and workers are obligated to carry out their duties properly.


To maintain a healthy and safe workplace, everyone must:

  • Know what their duties are;
  • Have the authority, resources, and time to carry them out; and
  • Have the required knowledge (education, training, and certification).

Workers have the following three basic rights:

  • Right to refuse unsafe work.
  • Right to participate in the workplace health and safety activities through the occupational health committee or as a worker occupational health and safety representative.
  • Right to know, or the right to be informed about, actual and potential dangers in the workplace.

An employer shall:

  • Take every reasonable precaution to ensure the safety of all workers at the workplace.
  • Ensure workplace systems, worksites and workplace environments are, as far as is reasonably practicable, healthy and safe for workers.
  • Follow all health and safety legislation.  
  • Inform workers of all applicable legal occupational health and safety requirements and ensure workers are complying.
  • Train workers about any potential hazards in the workplace, safe working practices and procedures and how to handle potential emergencies in the workplace. All work must be sufficiently and competently supervised.
  • Provide any information, instruction, training and supervision necessary to protect the health and safety of all workers.
  • Not allow workers to perform the work unless they have been trained and have sufficient experience to work safely and in compliance with the applicable legislation or they are under close and competent supervision.
  • Train all workers in health and safety procedures for work beginning at your workplace or work that shifts between activities or worksites with different hazards, facilities or procedures. Training must include:
    • all emergency procedures;
    • the location of first aid facilities;
    • identification of prohibited or restricted areas;
    • safeguards for physical, chemical or biological hazards;
    • any legally required procedures, plans, policies and programs that the employer relevant to the workplace; and
    • what is necessary for ensuring the health and safety of workers at the workplace.
  • Classify all occupational health and safety training as the time at work without a loss of pay or other benefits attached to the time taken.
  • Establish and maintain an occupational health committee, and when in designating the members select persons to represent the employer or contractor on the committee and ensure there is a sufficient number of worker representatives on the committee.
  • Cooperate with Occupational health committees or health and safety representatives to resolve concerns on matters of health, safety and welfare at work.
  • Work to resolve health and safety concerns raised by an occupational health committee or occupational health and safety representative.
  • Keep written records of meetings with any occupational health and safety representatives and make them readily available at the workplace.
  • For workplaces with ten or more workers, develop and maintain a comprehensive occupational health and safety program, in consultation with the occupational health committee or representative. If a workplace has no occupational health committee or representative, consult directly with the workers. and
  • Include in an occupational health and safety program,
    • an occupational health and safety policy statement concerning the protection and maintenance of the health and safety of the workers;
    • existing and potential hazards in the workplace and any measures to reduce, eliminate or control those hazards.  Such measures include any emergency procedures;
    • internal and external resources needed to respond to emergencies, including personnel and equipment;
    • a statement of the responsibilities of the employer, the supervisors and the workers;
    • a schedule for the regular inspection of the workplace and any work processes or procedures;
    • a control plan for any biological or chemical substance handled, used, stored, produced or disposed of in the workplace and where appropriate, the monitoring of the work environment;
    • a plan for workplace health safety training. This schedule includes training of workers and supervisors in safe work practices and procedures, including any relevant occupational health and safety procedures, plans, policies or programs.
    • a procedure for the investigation of accidents, dangerous occurrences and work refusals;
    • plan for ensuring worker participation in occupational health and safety activities, including audit inspections and investigations of accidents, dangerous occurrences and work refusals;
    • a procedure to review or modify the occupational health and safety programs. This review must include a schedule for review periods at specified intervals that are not more than three years.  A program review should also be done whenever there is a change in the workplace that may affect the health or safety of workers.
  • Write and implement an anti-violence policy statement and prevention plan to deal with potentially violent situations. These situations may reflect past violent events or situations that could reasonably happen. Develop this statement and plan in consultation with occupational health committee or representative.  If there is no committee or representative, consultation must be done directly with the workers.
  • Keep a copy of the occupational health and safety program available, on request, for the occupational health committee or representative, workers or an occupational health officer.
  • Make sure workers do not experience harassment connected with their employment.
  • Cooperate with others who are performing health and safety duties and following regulations.
  • Appoint competent supervisors who set work performance standards, and ensure safe working conditions are always observed.
  • Where reasonably practicable, make sure actions or activities of your workers do not negatively affect the health and safety of others in the workplace. 
  • Document all information that may affect the health or safety of workers at a worksite. This includes information that is necessary to identify hazards or potential hazards and control risks associated with any process, procedure biological or chemical substance at the worksite. This includes any products controlled by the Workplace Hazardous Materials information System. Provide this information to the occupational health committee or representatives at the workplace. If the workplace does not have a committee or representative, give the information directly to the workers.
  • Promote and ensure the safe use, handling, storage and transport of all articles and substances in the workplace.
  • Allow one of the following people to attend an inspection or investigation by an officer:
    • the worker co-chairperson or, if that co-chairperson is unavailable, any other worker designated by the committee;
    • the health and safety representative;
    • a worker designated by the trade union representing workers, if there is no committee;
    • a worker designated by the officer if there is no trade union.
  • Allow workers or group of workers to consult with an officer during an inspection or investigation in the workplace.
  • Consider all time workers spend assisting or accompanying any inspection or investigation as the time at work.  Workers cannot lose pay or other benefits.
  • Provide and maintain a safe entrance and exit for all workplaces, worksites and work-related areas.
  • Make sure all work is sufficiently and competently supervised.
  • Ensure all supervisors have sufficient knowledge of matters related to their responsibilities, including,
    • applicable legislation;
    • the workplace occupational health and safety program at the place of employment;
    • the safe handling, use, storage, production and disposal of chemical and biological substances
    • relevant personal protective equipment;
    • emergency procedures required by these regulations;
  • Inform workers about the purposes and the results of any biological monitoring.
  • Release detailed results of the biological monitoring to a designated physician upon request by the worker.
  • Give the total results of any biological monitoring to the occupational health and safety committee or representative.
  • Regularly examine the plant under your control to ensure it is reasonably capable of withstanding any likely stress and will safely perform its functions.
  • Take immediate steps to protect any worker whose health and safety may be at risk due to an unsafe condition the plant under your control.
  • Correct any unsafe conditions under your control.
  • Indicate that equipment and personal protective equipment meet a legally required safety standard by displaying a relevant safety seal, stamp, logo or similar identifying mark, on equipment or packaging.
  • Maintain safe functioning of equipment at sufficient intervals.
  • Act immediately to protect the health and safety of workers who may be at risk due to a defect in workplace equipment, until that defect is corrected.
  • Have defects in workplace equipment corrected by a competent person as soon as reasonably practicable.
  • Ensure proper construction and maintenance of boilers or pressure vessels that are not required to be inspected or registered according to The Boiler and Pressure Vessel Act.
  • Enable the health and safety committee member or representative to inspect the workplace at reasonable intervals determined in consultation with the committee or representative.
  • After written notice of an unsafe condition or a violation of the occupational health and safety legislation:
    • take immediate steps to protect the health and safety of workers at risk until the unsafe condition is corrected or the contravention is remedied;
    • adequately correct unsafe conditions or remedy the legal contravention soon as possible; and
    • give written notice to the committee or the representative of all actions taken or future plans to correct unsafe conditions, remedy a legal contravention or the reasons for not taking action.
  • Investigate accidents that caused or may cause the death of a worker or accidents requiring a worker to be admitted, as a patient, to a hospital for 24 hours or more as soon as reasonably possible. If there is a committee, the investigation will be done by the co-chairs or their designates. If there is a health and safety representative, the employer and the representative will be the ones to investigate. Where there is no committee or representative, the employer needs to do the investigation.
  • After an accident in the workplace, in consultation with the Committee Co-chairs or their designates or with the representative, prepare a written report that includes:
    • a description of the accident;
    • graphics, photographs or other evidence that may assist in determining the cause or causes of the accident;
    • explanations of the cause or causes of the accident;
    • the immediate corrective action taken
    • long-term plans to prevent a similar accident or the reasons for not taking action. 
  • Unless expressly authorized by statute or officer, except saving life or relieving human suffering, do not interfere with, destroy or move any wreckage, article, document or thing at the scene of an accident causing a death or connected with an accident before a proper investigation is completed. Once the officer completes the investigation the accident and items connected with it may be moved and cleared away.
  • If an officer is not able to complete an investigation into an accident causing death the officer may grant permission to move any wreckage, article, document or thing at the scene of an accident causing a death or connected with an accident to allow work to proceed if graphics, photographs or other evidence is made available to the officer before permission is granted and the committee co-chairs or representative have inspected the site and agreed that the wreckage, article or thing may be moved.
  • Ensure the following investigate a dangerous occurrence  as soon as reasonably possible. If there is a committee, the investigation will be done by the occupational health committee co-chairs or their designates. If there are a health and safety representatives, the employer and a representative will be the ones to investigate. If there is neither a committee nor a representative, the employer is responsible for the investigation.
  • After a dangerous occurrence, prepare a written report that includes
    • a description of the dangerous occurrence;
    • graphics, photographs or other evidence that may assist in determining the cause or causes of the dangerous occurrence;
    • explanations of the cause or causes of the occurrence;
    • immediate corrective action;
    • long-term plans to prevent a similar occurrence or the reasons for not taking action.
  • Report to the occupational health committee co-chairs, the representative or their designates any lost-time injury in the workplace that resulted in a worker receiving medical treatment.
  • Allow the occupational health committee co-chairs, the health and safety representative or their designates a reasonable amount of time to review the lost-time injury during normal working hours as at of their duties.
  • Ensure workers have a functional way to communicate with providing emergency assistance if workers are at risk due to limited visibility in the workplace.

Further duties of the employer include:

  • Prevent compressed air from being directed towards workers for the purpose of cleaning clothing and personal protective equipment. Do not allow compressed air to spread contaminants that could be harmful to workers.
  • Test any ice, over water or another material into which a worker could sink more than one metre, to ensure that the ice can support any load during work done on it or any travel over it. This duty excludes any winter roads built and maintained by the Department of Highways and Transportation.
  • Click here for employer duties under Working Alone.
  • Click here for employer duties under Harassment.
  • Along with self-employed people, update a prime contractor, as soon as reasonably possible, about any new or newly relevant workplace health and safety information, risks or hazards.
  • Comply with any reasonable directions of a prime contractor or the competent person designated on behalf of the prime contractor.

As well, every contractor shall:

  • Follow all health and safety legislation.
  • Take every reasonable precaution to protect the health and safety of employers, workers or self-employed people under contract with them. 
  • Take every reasonable precaution to ensure that safe work practices and procedures are followed at workplaces or worksites involved with a contract between the contractor and an employer or self-employed person.
  • Post all required notices in a clear, noticeable location at the workplace associated with a contract between the contractor and an employer or self-employed person.
  • Document all information that may affect the health or safety of workers at a worksite. This includes information that is necessary to identify hazards or potential hazards and control risks associated with any process, procedure biological or chemical substance at the worksite. This includes any products controlled by the Workplace Hazardous Materials Information System. Provide this information to every employer and self-employed person that has a contract with the contractor and any occupational health committee established by the contractor.
  • Coordinate the occupational health and safety programs of all employers at the place of employment.
  • Provide copies of the Saskatchewan Employment Act applicable regulations and any applicable standards adopted in the regulations.
  • If posting the Act, regulation and Standards, provide an appropriate bulletin board be primarily used to post relevant health and safety information in the workplace, including regulatory information.
  • At major construction projects and for work where Part XXIX (Oil and Gas) applies, give written notice to all employers, workers or self-employed persons
    • the names of supervisors at the workplace who are employed by the contractor;
    • any emergency facilities provided by the contractor for their use;
    • all contact information for the occupational health committee or representatives if either exists.
  • Ensure all work is sufficiently and competently supervised.
  • Ensure all your supervisors have sufficient knowledge of matters related to their responsibilities.
  • Regularly examine the plants under your control to ensure, the plant is reasonably capable of withstanding any likely stress, can safely perform the required functions.
  • Take immediate steps to protect any worker whose health and safety may be at risk due to an unsafe condition the plant under your control.
  • Indicate that equipment and personal protective equipment meet a legally required safety standard by displaying a relevant safety seal, stamp, logo or similar identifying mark, on equipment or packaging.
  • Ensure proper construction and maintenance of boilers or pressure vessels that are not required to be inspected or registered according to The Boiler and Pressure Vessel Act. [S.S., c. O-1.1, Reg 1,  26]
  • Enable the health and safety committee member or representative to inspect the workplace at reasonable intervals determined in consultation with the committee or the representative.
  • After written notice of an unsafe condition or a violation of the occupational health and safety legislation:
    • take immediate steps to protect the health and safety of workers at risk until the unsafe condition is corrected or the contravention is remedied;
    • adequately correct unsafe conditions or remedy the legal contravention soon as possible; and
    • give written notice to the committee or the representative of all actions taken or future plans to correct unsafe conditions, remedy a legal contravention or the reasons for not taking action.
  • Ensure the following investigate a dangerous occurrence as soon as reasonably possible. If there is a committee, the investigation will be done by the occupational health committee co-chairs or their designates.  If there are a health and safety representatives, the employer and a representative will be the ones to investigate.  If there is neither a committee nor a representative, the contractor is responsible for the investigation.
  • After a dangerous occurrence, prepare a written report that includes
    • a description of the dangerous occurrence;
    • graphics, photographs or other evidence that may assist in determining the cause or causes of the dangerous occurrence;
    • explanations of the cause or causes of the occurrence;
    • immediate corrective action
    • long-term plans to prevent a similar occurrence or the reasons for not taking action.
  • Report to the occupational health committee co-chairs, the representative or their designates any lost-time injury in the workplace that resulted in a worker receiving medical treatment.
  • Allow the occupational health committee co-chairs, the health and safety representative or their designates a reasonable amount of time to review the lost-time injury during normal working hours as at of their duties.
  • Ensure workers have a functional way to communicate with providing emergency assistance if workers are at risk due to limited visibility in the workplace.
  • Test any ice, over water or another material into which a worker could sink more than one metre, to ensure that the ice can support any load during work done on it or any travel over it.  This duty excludes any winter roads built and maintained by the Department of Highways and Transportation.
  • Click here to see the duties of the contractor under working alone.
  • Comply with any reasonable directions of a prime contractor or the competent person designated on behalf of the prime contractor.

A prime contractor shall:

  • Post the name and contact information for the prime contractor and the method of contacting the prime contractor in a clearly visible place at the worksite. Also post the name and contact information of the person designated to oversee act on behalf of the prime contractor at the worksite. 
  • Coordinate activities affecting the health and safety of workers or self-employed people at the worksite.
  • Identify hazards that are the responsibility of the prime contractor and inform employers and self-employed persons about them.
  • Make reasonably sure employers and self-employed people have adequate and appropriate occupational health and safety policies and procedures, safe work practices and equipment, as well as competent and informed workers. ;
  • Identify a competent person to oversee and direct, on behalf of the prime contractor, the activities of employers and self-employed persons at the worksite.
  • Prepare a written plan that:
    • Explains how they will coordinate activities at the worksite that may affect the health and safety of the workers.
    • Identifies the name and the method of contacting the competent person overseeing the worksite for the prime contractor.
    • Identifies the employers and supervisors at the worksite.
  • Deliver a copy of the written plan to all employers and self-employed persons before any work begins.
  • Cooperate with all people performing duties related to legal compliance.
  • Ensure employers or self-employed people at the worksite eliminate the identified hazards when reasonably possible before work begins and after activities or operations have begun. When the hazard cannot be eliminated ensure employers and self-employed people at a worksite reduce or control risks before work begins and after activities or operations have begun.

Supervisors shall:

  • Take every reasonable precaution to protect the health and safety of workers and sufficiently supervise workers under their direct supervision and direction.
  • Understand and comply with all relevant occupational health and safety law and ensure that the workers under their direction also comply.
  • Cooperate with other parties in dealing with occupational health and safety law.
  • Make sure workers, under their direct supervision and direction, do not experience harassment in the workplace.
  • Understand and implement emergency procedures required by occupational health and safety law.
  • Understand and practice the safe handling, use, storage, production and disposal of chemical and biological substances.
  • Understand which personal protective equipment is necessary and ensure all required equipment is provided to workers and used properly.

As a worker you shall:

  • Understand and comply with occupational health and safety law.
  • Work safely and take care to protect the health and safety of others that may be affected by their work.
  • Refrain from causing or participating in the harassment of another worker.
  • Cooperate with other parties in dealing with occupational health and safety law.
  • Immediately report to the employer or supervisor all equipment you know or have reason to believe is unsafe.
  • Repair equipment that is unsafe if authorized and competent to do so.

As a self-employed person you shall:

  • Work in compliance with all occupational health and safety laws.
  • Work safely and take care to protect the health and safety of others that may be affected by their work.
  • Cooperate with other parties in dealing with occupational health and safety law.

Every owner shall:

  • Take every reasonable precaution to protect the safety of any contractor, employer, worker or self-employed person who works in or on the plant under their control.
  • Ensure proper construction and maintenance of boilers or pressure vessels that are not required to be inspected or registered according to The Boiler and Pressure Vessel Act.
  • Regularly review the plants under your control to ensure, the plant is reasonably capable of withstanding any likely stress, can safely perform the required functions.
  • Take immediate steps to protect any worker whose health and safety may be at risk due to an unsafe condition at plants under their control.
  • Correct any unsafe conditions found in plants under their control.
  • Document all information that may affect the health or safety of workers at a worksite.  This includes information that is necessary to identify hazards or potential hazards and control risks associated with any process, procedure biological or chemical substance at the worksite. This includes any products controlled by the Workplace Hazardous Materials Information System. Provide this information to every contractor, every employer and every self-employed person who works at a plant owned by the owner.
  • Allow and facilitate workplace inspections by the occupational health committee member or representative. These inspections should be done at reasonable intervals with a schedule determined in consultation with the committee or the representative and employer.
  • After written notice of an unsafe condition or a violation of occupational health and safety law:
    • take immediate steps to protect the health and safety of workers at risk until the unsafe condition is corrected or the contravention is remedied;
    • adequately correct unsafe conditions or remedy the legal contravention soon as possible; and
    • give written notice to the committee or the representative of all actions taken in response, related forthcoming plans or the reasons for not taking action.
  • Investigate a dangerous occurrence as soon as reasonably possible. If there is a committee, the investigation will be done by the occupational health committee co-chairs or their designates.  If there are a health and safety representatives, the employer and a representative will be the ones to investigate.  If there is neither a committee nor a representative, owners are directly responsible for investigating.
  • Designate the owner or another person as the prime contractor for worksites operating in the construction, forestry or oil and gas industries with 10 or more workers or self-employed people under the direction of two or more employers. (Construction of or renovation to residential buildings with fewer than four units are excluded from this requirement.) and
  • Provide the prime contractor with any information that is required by subsection 3-16 (1) of the Saskatchewan Employment Act and written policies, procedures and safe work practices of each employer or self-employed person.
  • Comply with any reasonable directions of a prime contractor or the competent person designated on behalf of the prime contractor.

Suppliers must:

  • Take every reasonable precaution to make sure all biological or chemical substances and any equipment comply with all relevant regulations and are safe when used according to the provided supplier instructions.
  • When required provide written instruction respecting the safe use of equipment that is supplied by the supplier to be used in or at a place of employment by workers.
  • When relevant, provide notice if equipment supplied does not or probably will not comply with a prescribed standard when it is used in the workplace.
  • Take every reasonable precaution, if under a leasing agreement to maintain equipment upkeep, to ensure the supplied equipment is in a safe condition and complies with all relevant regulations and orders. 
  • Follow all relevant health and safety legislation.
  • Document all information that may affect the health or safety of workers at a worksite. This includes information that is necessary to identify hazards or potential hazards and control risks associated with any process, procedure biological or chemical substance at the worksite. This includes any products controlled by the Workplace Hazardous Materials Information System. Provide written instructions and this information to every employer the supplier supplies these items to.
  • Indicate that equipment and personal protective equipment meet a legally required safety standard by displaying a relevant safety seal, stamp, logo or similar identifying mark, on equipment or packaging.

SASKATCHEWAN EMPLOYMENT ACT
S.S. 2013, c. S-15.1

Part III OCCUPATIONAL HEALTH AND SAFETY

Section 3-1 Interpretation of Part

3-1. (1) In this Part and in Part IV:

(a) "biological substance" means a substance containing living organisms, including infectious micro-organisms, or parts of organisms or products of organisms in their natural or modified forms;

(b) "chemical substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour, other than a biological substance;

(c) "chief mines inspector" means the chief mines inspector appointed pursuant to section 3-5;

(d) "chief occupational medical officer" means the chief occupational medical officer appointed pursuant to section 3-4;

(e) "competent" means possessing knowledge, experience and training to perform a specific duty;

(f) "compliance undertaking" means a compliance undertaking entered into pursuant to section 3-38;

(g) "contractor" means a person who, or a partnership or group of persons that, pursuant to one or more contracts:

(i) directs the activities of one or more employers or self-employed persons involved in work at a place of employment; or

(ii) subject to subsection (3), retains an employer or self-employed person to perform work at a place of employment;

(h) "director of occupational health and safety" means the director of occupational health and safety appointed pursuant to section 3-3;

(i) "discriminatory action" means any action or threat of action by an employer that does or would adversely affect a worker with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of a worker, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty, but does not include:

(i) the temporary assignment of a worker to alternative work, pursuant to section 3-44, without loss of pay to the worker; or

(ii) the temporary assignment of a worker to alternative work, without loss of pay to the worker, while:

(A) steps are being taken for the purposes of clause 3-31(a) to satisfy the worker that any particular act or series of acts that the worker refused to perform pursuant to that clause is not unusually dangerous to the health or safety of the worker or any other person at the place of employment;

(B) the occupational health committee is conducting an investigation pursuant to clause 3-31(b) in relation to the worker’s refusal to perform any particular act or series of acts; or

(C) an occupational health officer is conducting an investigation requested by a worker or an employer pursuant to clause 3-32(a);

(j) "employer" means, subject to section 3-29, a person, firm, association or body that has, in connection with the operation of a place of employment, one or more workers in the service of the person, firm, association or body;

(k) "equipment" means any mechanical or non-mechanical article or device, and includes any machine, tool, appliance, apparatus, implement, service or utility, but does not include the personal property owned by an individual unless that property is used in the carrying on of an occupation;

(l) "harassment" means any inappropriate conduct, comment, display, action or gesture by a person:

(i) that either:

(A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; or

(B) subject to subsections (4) and (5), adversely affects the worker’s psychological or physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and

(ii) that constitutes a threat to the health or safety of the worker;

(m) "notice of contravention" means a notice of contravention served pursuant to section 3-38;

(n) "occupation" means employment, business, calling or pursuit;

(o) "occupational health and safety" means:

(i) the promotion and maintenance of the highest degree of physical, mental and social well-being of workers;

(ii) the prevention among workers of ill health caused by their working conditions;

(iii) the protection of workers in their employment from factors adverse to their health;

(iv) the placing and maintenance of workers in working environments that are adapted to their individual physiological and psychological conditions; and

(v) the promotion and maintenance of a working environment that is free of harassment;

(p) "occupational health and safety representative" means an occupational health and safety representative designated pursuant to section 3-24;

(q) "occupational health and safety service" means a service organized in or near a place of employment for the purposes of:

(i) protecting workers against any health or safety hazard that may arise out of their work or the working conditions under which it is carried on;

(ii) contributing to the workers’ physical and mental adjustment in their employment and their assignment to jobs for which they are suited; and

(iii) contributing to the establishment and maintenance of a high degree of physical and mental well-being in the workers;

(r) "occupational health committee" means an occupational health committee established pursuant to section 3-22 or 3-23 or the regulations made pursuant to this Part;

(s) "occupational health officer" means a person appointed as an occupational health officer pursuant to section 3-6;

(t) "owner" includes:

(i) a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of any lands or premises used or to be used as a place of employment; and

(ii) any person who acts for or on behalf of a person mentioned in subclause (i) as that person’s agent or delegate;

(u) "physician" means a duly qualified medical practitioner;

(v) "place of employment" means any plant in or on which one or more workers or self-employed persons work, usually work or have worked;

(w) "plant" includes any premises, site, land, mine, water, structure, fixture or equipment employed or used in the carrying on of an occupation;

(x) "practicable" means possible given current knowledge, technology and invention;

(y) "prime contractor" means the person who is the prime contractor in accordance with section 3-13;

(z) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(aa) "registered nurse" means a nurse registered pursuant to The Registered Nurses Act, 1988;

(bb) "self-employed person" means a person who is engaged in an occupation but is not in the service of an employer;

(cc) "structure" includes any building, support for equipment, factory, road, dam, bridge, waterway, dock, railway or excavation;

(dd) "supervisor" means an individual who is authorized by an employer to oversee or direct the work of the employer’s worker;

(ee) "supplier" means, unless otherwise stated, a person who supplies, sells, offers or exposes for sale, leases, distributes or installs any biological substance or chemical substance or any plant to be used at a place of employment;

(ff) "train" means to give information and explanation to a worker with respect to a particular subject-matter and to require a practical demonstration that the worker has acquired knowledge or skill related to the subject-matter;

(gg) "worker" means:

(i) an individual, including a supervisor, who is engaged in the service of an employer; or

(ii) a member of a prescribed category of individuals;

but does not include an inmate, as defined in The Correctional Services Act, 2012, of a correctional facility as defined in that Act who is participating in a work project or rehabilitation program within the correctional facility;

(hh) "worksite" means an area at a place of employment where a worker works or is required or permitted to be present.

(2) In this Part:

(a) if a provision refers to any matter or thing that an employer is required to do in relation to workers, the provision applies to workers who are in the service of that employer, unless the context requires otherwise; and

(b) if a provision refers to any matter or thing that an employer is required to do in relation to a place of employment, the provision applies to every place of employment of that employer, unless the context requires otherwise.

(3) For the purposes of subclause (1)(g)(ii), a person, partnership or group of persons is considered to be a contractor only if that person, partnership or group of persons knows or ought reasonably to know the provisions of this Part and the regulations made pursuant to this Part respecting the work or the place of employment at the time of retaining the employer or self-employed person to perform work at a place of employment.

(4) To constitute harassment for the purposes of paragraph (1)(l)(i)(B), either of the following must be established:

(a) repeated conduct, comments, displays, actions or gestures;

(b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker.

(5) For the purposes of paragraph (1)(l)(i)(B), harassment does not include any reasonable action that is taken by an employer, or a manager or supervisor employed or engaged by an employer, relating to the management and direction of the employer’s workers or the place of employment.

Section 3-8 General duties of employer

3-8. Every employer shall:

(a) ensure, insofar as is reasonably practicable, the health, safety and welfare at work of all of the employer’s workers;

(b) consult and cooperate in a timely manner with any occupational health committee or the occupational health and safety representative at the place of employment for the purpose of resolving concerns on matters of health, safety and welfare at work;

(c) make a reasonable attempt to resolve, in a timely manner, concerns raised by an occupational health committee or occupational health and safety representative pursuant to clause (b);

(d) ensure, insofar as is reasonably practicable, that the employer’s workers are not exposed to harassment with respect to any matter or circumstance arising out of the workers’ employment;

(e) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part;

(f) ensure that:

(i) the employer’s workers are trained in all matters that are necessary to protect their health, safety and welfare; and

(ii) all work at the place of employment is sufficiently and competently supervised;

(g) if the employer is required to designate an occupational health and safety representative for a place of employment, ensure that written records of meetings with the occupational health and safety representative are kept and are readily available at the place of employment;

(h) ensure, insofar as is reasonably practicable, that the activities of the employer’s workers at a place of employment do not negatively affect the health, safety or welfare at work of the employer, other workers or any self-employed person at the place of employment; and

(i) comply with this Part and the regulations made pursuant to this Part.

Section 3-9 General duties of supervisors

3-9. Every supervisor shall:

(a) ensure, insofar as is reasonably practicable, the health and safety at work of all workers who work under the supervisor’s direct supervision and direction;

(b) ensure that workers under the supervisor’s direct supervision and direction comply with this Part and the regulations made pursuant to this Part;

(c) ensure, insofar as is reasonably practicable, that all workers under the supervisor’s direct supervision and direction are not exposed to harassment at the place of employment;

(d) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and

(e) comply with this Part and the regulations made pursuant to this Part.

Section 3-10 General duties of workers

3-10. Every worker while at work shall:

(a) take reasonable care to protect his or her health and safety and the health and safety of other workers who may be affected by his or her acts or omissions;

(b) refrain from causing or participating in the harassment of another worker;

(c) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and

(d) comply with this Part and the regulations made pursuant to this Part.

Section 3-11 General duties of self-employed persons

3-11. Every self-employed person shall:

(a) conduct his or her undertaking in such a way as to ensure, insofar as is reasonably practicable, that the self-employed person and workers employed on or about the same place of employment who may be affected by the undertaking are not thereby exposed to risks to their health and safety;

(b) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and

(c) comply with this Part and the regulations made pursuant to this Part.

Section 3-12 General duties of contractors

3-12. Every contractor shall:

(a) ensure, insofar as is reasonably practicable, that each of the following that is not in the direct and complete control of an employer or self-employed person under contract with the contractor is safe for, without risk to the health of, and adequate with regard to facilities for the welfare of, all employers, workers or self-employed persons at the place of employment:

(i) every place of employment or worksite where an employer, employer’s worker or self-employed person works pursuant to a contract between the contractor and the employer or self-employed person;

(ii) every work process or procedure carried on at every place of employment or worksite where an employer, employer’s worker or self-employed person works pursuant to a contract between the contractor and the employer or self-employed person;

(b) post any prescribed notice in a conspicuous location at every place of employment or worksite where an employer, employer’s worker or self-employed person works pursuant to a contract between the contractor and the employer or self-employed person; and

(c) comply with this Part and the regulations made pursuant to this Part.

Section 3-14 General duties of owners

3-14. Every owner of any plant used as a place of employment shall:

(a) ensure, insofar as is reasonably practicable, that any area of the plant or activity occurring in or on an area of the plant that is not in the direct and complete control of any contractor, employer or self-employed person who works or employs one or more workers who work in or on the plant:

(i) is maintained or is carried on in compliance with this Part and the regulations made pursuant to this Part; and

(ii) does not endanger the health or safety of any contractor, employer, worker or self-employed person who works in or on the plant; and

(b) comply with this Part and the regulations made pursuant to this Part.

Section 3-15 General duties of suppliers

3-15 Every supplier shall:

(a) ensure, insofar as is reasonably practicable, that any biological substance or chemical substance or any plant supplied by the supplier to any owner, contractor, employer, worker or self-employed person for use in or at a place of employment:

(i) is safe when used in accordance with the instructions provided by the supplier; and

(ii) complies with the requirements of this Part and the regulations made pursuant to this Part;

(b) in the prescribed circumstances:

(i) provide written instruction respecting the safe use of equipment that is supplied by the supplier to be used in or at a place of employment by workers; and

(ii) provide notice when equipment supplied does not or will not likely comply with a prescribed standard when used at a place of employment by workers;

(c) if the supplier has responsibility under a leasing agreement to maintain equipment, maintain that equipment in a safe condition and in compliance with the regulations made pursuant to this Part and any applicable orders issued pursuant to those regulations; and

(d) comply with this Part and the regulations made pursuant to this Part.

Section 3-16 Duty to provide information

3-16. (1) In this section, "required information":

(a) means any information that an employer, contractor, owner or supplier knows or may reasonably be expected to know and that:

(i) may affect the health or safety of any person who works at a place of employment; or

(ii) is necessary to identify and control any existing or potential hazards with respect to any plant or any process, procedure, biological substance or chemical substance used at a place of employment; and

(b) includes any prescribed information.

(2) Subject to section 3-17 and Division 7, every employer shall keep readily available all required information and provide that information to the following at a place of employment:

(a) the occupational health committee;

(b) the occupational health and safety representative;

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(3) Subject to Division 7, every contractor shall provide all required information to:

(a) every employer and self-employed person with whom the contractor has a contract; and

(b) any occupational health committee established by the contractor.

(4) Subject to Division 7, every owner of a plant used as a place of employment shall provide all required information to every contractor, every employer who employs workers who work in or on the plant and every self-employed person who works in or on the plant.

(5) Subject to Division 7, every supplier shall provide prescribed written instructions and any other prescribed information to every employer to whom the supplier supplies any prescribed biological substance, chemical substance or plant.

Section 3-20 Duty to provide occupational health and safety programs

3-20. (1) An employer at a prescribed place of employment shall establish and maintain an occupational health and safety program or a prescribed part of an occupational health and safety program in accordance with the regulations made pursuant to this Part.

(2) An occupational health and safety program at a prescribed place of employment must be established and designed in consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(3) An occupational health and safety program must include all prescribed documents, information and matters.

(4) An occupational health and safety program at a prescribed place of employment must be in writing and must be made available, on request, to the occupational health committee, the occupational health and safety representative, the workers or an occupational health officer.

(5) If the work at a place of employment is carried on pursuant to contracts between a contractor and two or more employers, the contractor shall coordinate the occupational health and safety programs of all employers at the place of employment.

(6) The director of occupational health and safety may order an employer to develop an occupational health and safety program for a place of employment if the director considers it to be in the interests of the health, safety and welfare of the employer’s workers based on the criteria set out in subsection (8).

(7) An order issued pursuant to subsection (6) must be in writing.

(8) In making an order pursuant to subsection (6), the director of occupational health and safety shall consider the following criteria:

(a) the frequency of occupationally related injuries and illnesses at the place of employment;

(b) the number and nature of the notices of contravention relating to the place of employment and the history of compliance with those orders and with compliance undertakings;

(c) any additional criteria that the director considers appropriate to protect the health, safety and welfare of workers.

Section 3-21 Duty re policy statement on violence and prevention plan

3-21. (1) An employer operating at a prescribed place of employment where violent situations have occurred or may reasonably be expected to occur shall develop and implement a written policy statement and prevention plan to deal with potentially violent situations after consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(2) A policy statement and prevention plan required pursuant to subsection (1) must include any prescribed provisions.

Occupational Health and Safety Regulations, 1996
S.S., c. O-1.1, Reg 1

Part III General Duties

Section 12 General duties of employers

12. The duties of an employer at a place of employment include:

(a) the provision and maintenance of plant, systems of work and working environments that ensure, as far as is reasonably practicable, the health, safety and welfare at work of the employer's workers;

(b) arrangements for the use, handling, storage and transport of articles and substances in a manner that protects the health and safety of workers;

(c) the provision of any information, instruction, training and supervision that is necessary to protect the health and safety of workers at work; and

(d) the provision and maintenance of a safe means of entrance to and exit from the place of employment and all worksites and work-related areas in or on the place of employment.

Section 15 Duty of employer or contractor to provide information

15. An employer or contractor shall:

(a) make readily available for reference by workers a copy of:

(i) the Act;

(ii) any regulations made pursuant to the Act that apply to the place of employment or to any work done there; and

(iii) any standards adopted in the regulations that address work practices or procedures and that apply to the place of employment or to any work done there; and

(b) where the information mentioned in clause (a) or insection 9 of the Act will be posted, provide a suitable bulletin board to be used primarily to post information on health and safety related to the place of employment.

Section 16 Duty of contractor to inform

16. (1) A contractor shall give notice in writing to every employer, worker or self-employed person at the place of employment, setting out:

(a) the name of the person who is supervising the work on behalf of the contractor;

(b) any emergency facilities provided by the contractor for the use of the employers' workers or self-employed persons; and

(c) the existence of a committee or representative, if any, at the place of employment and the means to contact the committee or representative.

(2) Subsection (1) applies only to contractors at major construction projects and to contractors involved in those activities to which Part XXIX applies.

Section 17 Supervision of work

17. (1) An employer or contractor shall ensure that:

(a) all work at a place of employment is sufficiently and competently supervised;

(b) supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor's responsibility:

(i) the Act and any regulations made pursuant to the Act that apply to the place of employment;

(ii) any occupational health and safety program at the place of employment;

(iii) the safe handling, use, storage, production and disposal of chemical and biological substances;

(iv) the need for, and safe use of, personal protective equipment;

(v) emergency procedures required by these regulations;

(vi) any other matters that are necessary to ensure the health and safety of workers under their direction; and

(c) supervisors comply with the Act and any regulations made pursuant to the Act that apply to the place of employment and ensure that the workers under their direction comply with the Act and those regulations.

(2) A supervisor shall ensure that the workers under the supervisor's direction comply with the Act and any regulations made pursuant to the Act that apply to the place of employment.

Section 18 Duty to inform workers

18. An employer shall ensure that each worker:

(a) is informed of the provisions of the Act and any regulations pursuant to the Act that apply to the worker's work at the place of employment; and

(b) complies with the Act and those regulations.

Section 19 Training of workers

19. (1) An employer shall ensure that a worker is trained in all matters that are necessary to protect the health and safety of the worker when the worker:

(a) begins work at a place of employment; or

(b) is moved from one work activity or worksite to another that differs with respect to hazards, facilities or procedures.

(2) The training required by subsection (1) must include:

(a) procedures to be taken in the event of a fire or other emergency;

(b) the location of first aid facilities;

(c) identification of prohibited or restricted areas;

(d) precautions to be taken for the protection of the worker from physical, chemical or biological hazards;

(e) any procedures, plans, policies and programs that the employer is required to develop pursuant to the Act or any regulations made pursuant to the Act that apply to the worker's work at the place of employment; and

(f) any other matters that are necessary to ensure the health and safety of the worker while the worker is at work.

(3) An employer shall ensure that the time spent by a worker in the training required by subsection (1) is credited to the worker as time at work, and that the worker does not lose pay or other benefits with respect to that time.

(4) An employer shall ensure that no worker is permitted to perform work unless the worker:

(a) has been trained, and has sufficient experience, to perform the work safely and in compliance with the Act and the regulations; or

(b) is under close and competent supervision.

Section 20 Workers' contacts with officers

20. (1) During an inspection or investigation by an officer at a place of employment, an employer shall allow one of the following to accompany the officer:

(a) the worker co-chairperson or, in the co-chairperson's absence, any other worker that the committee may designate to represent workers;

(b) where there is no committee, a worker designated by the trade union representing workers;

(c) where there is no trade union representing workers, a worker designated by an officer;

(d) the representative.

(2) An employer shall permit any worker or group of workers to consult with an officer during an inspection or investigation at a place of employment.

(3) An employer shall ensure that any time in which a worker consults with an officer, assists an officer or accompanies an officer during an inspection or investigation is considered as time at work and that the worker loses no pay or other benefits.

Section 21 Biological monitoring

21. (1) In this section, "biological monitoring" means measuring a worker's total exposure to a physical agent, a chemical substance or a biological substance that is present in a place of employment through the assessment of biological specimens collected from the worker.

(2) Where a worker is the subject of biological monitoring, an employer shall ensure that:

(a) the worker is informed of the purposes and the results of the monitoring;

(b) at the worker's request, the detailed results of the monitoring are made available to a physician designated by the worker; and

(c) the aggregate results of the monitoring are given to the committee or the representative.

Section 22 Occupational health and safety program

22. (1) Subject to subsection (2), an occupational health and safety program required bysection 13 of the Act must include:

(a) a statement of the employer's policy with respect to the protection and maintenance of the health and safety of the workers;

(b) the identification of existing and potential risks to the health or safety of workers at the place of employment and the measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate or control those risks;

(c) the identification of internal and external resources, including personnel and equipment, that may be required to respond to an emergency;

(d) a statement of the responsibilities of the employer, the supervisors and the workers;

(e) a schedule for the regular inspection of the place of employment and of work processes and procedures;

(f) a plan for the control of any biological or chemical substance handled, used, stored, produced or disposed of at the place of employment and, where appropriate, the monitoring of the work environment;

(g) a plan for training workers and supervisors in safe work practices and procedures, including any procedures, plans, policies or programs that the employer is required to develop pursuant to the Act or any regulations made pursuant to the Act that apply to the work of the workers and supervisors;

(h) a procedure for the investigation of accidents, dangerous occurrences and refusals to work pursuant to section 23 of the Act at the place of employment;

(i) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of accidents, dangerous occurrences and refusals to work pursuant tosection 23 of the Act ; and

(j) a procedure to review and, where necessary, revise the occupational health and safety program at specified intervals that are not greater than three years and whenever there is a change of circumstances that may affect the health or safety of workers.

(2) On and after January 1, 1998, the places of employment set out in Table 7 of the Appendix with 10 or more workers are prescribed for the purposes ofsection 13 of the Act .

(3) An employer at a place of employment mentioned in subsection (2) shall establish an occupational health and safety program that meets the requirements of subsection (1) not later than:

(a) in a place of employment with 100 or more workers, January 1, 1998;

(b) in a place of employment with 21 or more workers but not more than 99 workers, January 1, 1999; and

(c) in a place of employment with 10 or more workers but not more than 20 workers, January 1, 2000.

Section 23 Examination of plant

23. An employer, contractor or owner shall:

(a) arrange for the regular examination of any plant under the control of the employer or owner to ensure, to the extent that is reasonably practicable, that the plant is capable of:

(i) withstanding the stress likely to be imposed on the plant; and

(ii) safely performing the functions for which the plant is used; and

(b) as soon as is reasonably practicable, correct any unsafe condition found in the plant and take immediate steps to protect the health and safety of any worker who may be at risk until the unsafe condition is corrected.

Section 24 Identifying mark of approved equipment

24. An employer, contractor or supplier shall ensure that equipment and personal protective equipment that is required by these regulations to be approved by a named agency has the seal, stamp, logo or similar identifying mark of the agency indicating that approval affixed to:

(a) the equipment or personal protective equipment; or

(b) the packaging with which the equipment or personal protective equipment is contained.

Section 25 Maintenance and repair of equipment

25. (1) An employer shall ensure that all equipment is maintained at intervals that are sufficient to ensure the safe functioning of the equipment.

(2) Where a defect is found in equipment, an employer shall ensure that:

(a) steps are taken immediately to protect the health and safety of any worker who may be at risk until the defect is corrected; and

(b) the defect is corrected by a competent person as soon as is reasonably practicable.

(3) A worker who knows or has reason to believe that equipment under the worker's control is not in a safe condition shall:

(a) immediately report the condition of the equipment to the employer; and

(b) repair the equipment if the worker is authorized and competent to do so.

Section 26 Boilers and pressure vessels

26. An employer, contractor or owner shall ensure that any boiler or pressure vessel used at a place of employment that is not required to be inspected or registered pursuant to The Boiler and Pressure Vessel Act is properly constructed and maintained.

Section 27 Prohibition re use of compressed air

27. No employer shall require or permit compressed air to be directed towards a worker:

(a) for the purpose of cleaning clothing or personal protective equipment used by that worker; or

(b) for any other purpose if the use of compressed air may cause dispersion into the air of contaminants that may be harmful to workers.

Section 28 Inspection of place of employment

28. (1) An employer, contractor or owner shall enable members of a committee or a representative to inspect a place of employment at reasonable intervals determined by the committee or the representative and employer.

(2) On written notice by the committee or the representative of an unsafe condition or a contravention of the Act or any regulations made pursuant to the Act, the employer, contractor or owner shall:

(a) take immediate steps to protect the health and safety of any worker who may be at risk until the unsafe condition is corrected or the contravention is remedied;

(b) as soon as possible, take suitable actions to correct the unsafe condition or remedy the contravention; and

(c) inform the committee or the representative in writing of:

(i) the actions that the employer, contractor or owner has taken or will take pursuant to clause (b); or

(ii) if the employer, contractor or owner has not taken any actions pursuant to clause (b), the employer's, contractor's or owner's reasons for not taking action.

Section 29 Investigation of certain accidents

29. (1) Subject to section 30, an employer shall ensure that every accident that causes or may cause the death of a worker or that requires a worker to be admitted to a hospital as an in-patient for a period of 24 hours or more is investigated as soon as is reasonably possible by:

(a) the co-chairpersons or their designates;

(b) the employer and the representative; or

(c) where there is no committee or representative, the employer.

(2) After the investigation of an accident, an employer, in consultation with the co-chairpersons or their designates, or with the representative, shall prepare a written report that includes:

(a) a description of the accident;

(b) any graphics, photographs or other evidence that may assist in determining the cause or causes of the accident;

(c) an explanation of the cause or causes of the accident;

(d) the immediate corrective action taken; and

(e) any long-term action that will be taken to prevent the occurrence of a similar accident or the reasons for not taking action.

Section 30 Prohibition re scene of accident

30. (1) Unless expressly authorized by statute or by subsection (2), no person shall, except for the purpose of saving life or relieving human suffering, interfere with, destroy, carry away or alter the position of any wreckage, article, document or thing at the scene of or connected with an accident causing a death until an officer has completed an investigation of the circumstances surrounding the accident.

(2) Where an accident causing a death occurs and an officer is not able to complete an investigation of the circumstances surrounding the accident, an officer may, unless prohibited by statute, grant permission to move the wreckage, articles and things at the scene or connected with the accident to any extent that may be necessary to allow the work to proceed, if:

(a) graphics, photographs or other evidence showing details at the scene of the accident are made before the officer grants permission; and

(b) the co-chairpersons of a committee or the representative for the place of employment at which the accident occurred or their designates have inspected the site of the accident and agreed that the wreckage, article or thing may be moved.

Section 31 Investigation of dangerous occurrences

31. (1) An employer, contractor or owner shall ensure that every dangerous occurrence described in subsection 9(1) is investigated as soon as is reasonably possible by:

(a) the co-chairpersons or their designates;

(b) the employer, contractor or owner and the representative; or

(c) where there is no committee or representative, the employer, contractor or owner.

(2) After the investigation of a dangerous occurrence, an employer, contractor or owner, in consultation with the co-chairpersons or their designates or with the representative, shall prepare a written report that includes:

(a) a description of the dangerous occurrence;

(b) any graphics, photographs or other evidence that may assist in determining the cause or causes of the dangerous occurrence;

(c) an explanation of the cause or causes of the dangerous occurrence;

(d) the immediate corrective action taken; and

(e) any long-term action that will be taken to prevent the occurrence of a similar dangerous occurrence or the reasons for not taking action.

Section 32 Injuries requiring medical treatment

32. An employer or contractor shall report to the co-chairpersons, the representative or their designates any lost-time injury at the place of employment that results in a worker receiving medical treatment and allow the co-chairpersons, the representative or their designates a reasonable opportunity to review the lost-time injury during normal working hours and without loss of pay or other benefits.

Section 33 Work where visibility is restricted

33. Where visibility in an area at a place of employment is restricted by smoke, steam or any other substance to the extent that a worker is at risk of injury, an employer or contractor shall not require or permit the worker to work in that area unless the employer or contractor provides the worker with an effective means of communication with another worker who is readily available to provide assistance in an emergency.

Section 34 Work or travel on ice over water, etc.

34. (1) Before a worker is required or permitted to work or travel on ice that is over water or over other material into which a worker could sink more than one metre, an employer or contractor shall have the ice tested to ensure that the ice will support any load that the work or travel will place on the ice.

(2) Subsection (1) does not apply to winter roads built and maintained by the Department of Highways and Transportation.

Part IV Committees and Representatives

Section 39 Designation of committee members

39. (1) An employer or contractor who is required to establish a committee shall:

(a) in designating the members:

(i) select persons to represent the employer or contractor on the committee; and

(ii) ensure that there is a sufficient number of members representing workers on the committee to equitably represent groups of workers who have substantially different occupational health and safety concerns; and

(b) designate members for a term not exceeding three years.

(2) Members of a committee hold office until a successor is designated, and may be re-designated for a second or subsequent term.

Part XXIX Oil and Gas

Section 410 Interpretation

410. In this Part:

(a) "derrick" means a stationary or portable structure that is used to support the hoisting and lowering mechanism on a rig;

(b) "drilling rig" means the derrick and all equipment that is directly involved with drilling a well or producing oil or gas from a well;

(c) "flush-by" means a pumping unit that is used to loosen formation deposits in a well;

(d) "rig" includes a drilling rig and a well servicing rig;

(e) "swabbing unit" means equipment that uses wire rope to lift fluids from a well;

(f) "well servicing rig" means all equipment directly involved with servicing a well;

(g) "well testing" means evaluating the productivity of a well and the quality of the product.

Section 411 Application of Part

411. This Part applies to all drilling procedures for the exploration of oil and gas and to the drilling, operation and servicing of a gas well or an oil well, the production of oil or gas from a well and the ancillary processes associated with these activities.

Section 412 Supervisors

412. (1) An employer, contractor or owner shall appoint a competent person to supervise any oil or gas exploration, drilling, servicing, testing or production operation.

(2) An employer, contractor or owner shall ensure that the supervisor appointed pursuant to subsection (1) is knowledgeable about, and experienced in the following matters that are within the area of the supervisor's responsibility:

(a) safe work practices, including the safe operation of any plant at the place of employment;

(b) the safe handling, use and storage of hazardous substances;

(c) well control and blowout prevention;

(d) the detection and control of worker exposure to hydrogen sulphide;

(e) the handling, use, maintenance and storage of personal protective equipment;

(f) the appropriate response to any emergency situation at the place of employment;

(g) the duties and responsibilities of all workers being supervised by the supervisor;

(h) the training of workers being supervised by the supervisor in safe work practices and procedures.

(3) An employer, contractor or owner who has appointed a supervisor pursuant to subsection (1) shall:

(a) give written notice to all employers and self-employed persons who are involved in the operation of the name, method of contact, duties and responsibilities of the supervisor; and

(b) obtain written acknowledgement from each employer or self- employed person involved in the operation that the employer or self-employed person has received the notice required by clause (a) and has agreed to accept the direction of the supervisor.

Section 413 Daily tour book

413. An employer, contractor or owner shall:

(a) provide for each rig a daily tour book and ensure that the book is kept at the site of the rig;

(b) ensure that all details of any inspection required by this Part, any repair made and all work activities undertaken at the site of the rig are recorded in the daily tour book;

(c) ensure that the record required by clause (b) is signed by the worker who performs the inspection; and

(d) ensure that the supervisor reviews the entries for the day in the tour book and signs the tour book daily.

Section 414 Routine inspections

414. An employer, contractor or owner shall ensure that:

(a) a rig is inspected by a competent person before commencing operations and at least every 30 working days after that; and

(b) where a defect or unsafe condition is identified during an inspection, an employer, contractor or supplier shall:

(i) take steps immediately to protect the health and safety of any worker who may be at risk until the defect is repaired or the unsafe condition is corrected; and

(ii) as soon as is reasonably practicable, repair any defect or correct any unsafe condition.

Section 415 General requirements re design, etc., of rig

415. (1) An employer, contractor or owner shall ensure that a rig and all of its auxiliary equipment are designed, constructed, installed, maintained and operated so as to fulfil their intended purposes safely.

(2) An employer, contractor or owner shall ensure that:

(a) the maximum safe operating depth of a rig, based on the design of the equipment, for each specified condition and operation is determined and certified by the manufacturer or a professional engineer;

(b) the maximum safe operating load of a derrick is determined and certified by the manufacturer or a professional engineer;

(c) the maximum safe operating depth and maximum safe operating load determined in accordance with clauses (a) and (b) are prominently displayed on the rig and are not exceeded;

(d) any structural change or repair to a derrick is certified as safe by a professional engineer before the derrick is used; and

(e) where a structural change or repair is made to a rig, the maximum safe operating depth of the rig and maximum safe operating load of the derrick are redetermined and recertified by a professional engineer and displayed on the rig.

(3) Where the substructure of a rig is enclosed, an employer, contractor or owner shall ensure that the substructure is ventilated in accordance with the requirements of sections 65 to 67.

Section 416 Flush-by and swabbing units

416. (1) An employer, contractor or owner shall ensure that a flush-by or a swabbing unit is designed, constructed, installed, maintained and operated so as to fulfil the unit's intended purpose safely.

(2) An employer, contractor or owner shall ensure that a flush-by or swabbing unit is not used to flow fluids back into an attached tank.

[Sask. Reg. 67/2007, s. 30]

Section 417 Securing parts of rig

417. (1) An employer, contractor or owner shall ensure that any part of a rig, and any equipment attached to a rig, that may endanger a worker if it fails, moves or falls is secured to eliminate the danger.

(2) An employer, contractor or owner shall ensure that the driller's position on a rig is protected from any hazard created by the cathead or tong lines.

(3) An employer, contractor or owner shall ensure that the workers on a drilling rig floor are protected from any hazard created by the cathead or tong lines.

Section 418 Raising and lowering derricks

418. (1) Before a derrick is raised or lowered, an employer, contractor or owner shall ensure that a complete inspection of all of the derrick's parts is made by a competent person.

(2) An employer, contractor or owner shall ensure that:

(a) a competent person is in charge of, and present during, the raising and lowering of a derrick; and

(b) a derrick is raised or lowered in accordance with the manufacturer's specifications.

Section 419 Rig sites and foundations

419. An employer, contractor or owner shall ensure that:

(a) the site of a rig is constructed and maintained so that oil, water, drilling fluid and other fluids will drain away from the wellbore; and

(b) the foundation of a rig is capable of safely supporting the gross weight of the derrick under the maximum anticipated hook load and any load imposed during raising and lowering of the derrick.

Section 420 Guy lines

420. An employer, contractor or owner shall ensure that:

(a) guy lines, where required by the manufacturer, are installed on a derrick so that the number, spacing and specifications of the guy lines and the spacing, capacity and specifications of guy line ground anchors:

(i) meet the requirements of an approved standard; or

(ii) are designed and certified as safe by a professional engineer; and

(b) instructions for the number, spacing and specifications of guy lines and the spacing, capacity and specifications of guy line ground anchors are displayed by means of a plate fixed to the derrick or by a specification sheet that is readily available to workers at the rig.

Section 421 Platforms, ladders and stairways

421. (1) An employer, contractor or owner shall ensure that:

(a) a derrick is equipped with a fixed ladder or ladders providing access from the derrick floor to the crown platform and to each intermediate platform; and

(b) platforms are provided:

(i) on a drilling rig, at the fourble board, stabbing board and crown; and

(ii) on a service rig, at the tubing board and rod basket.

(2) An employer, contractor or owner shall ensure that a derrick floor and all stairways, ladders, ramps, catwalks and platforms are kept free of obstructions that may hinder or prevent the exit of workers.

Section 422 Means of escape

422. (1) An employer, contractor or owner shall ensure that a derrick is equipped with a specially rigged and securely anchored auxiliary escape line that provides a ready, safe and convenient means of escape from the fourble board and the crown in the derrick.

(2) An escape line required by subsection (1) must be a wire rope with a minimum diameter of 11.5 millimetres and must be installed with a safety buggy that is equipped with a braking device.

(3) An employer, contractor or owner shall ensure that:

(a) the tension on an escape line is sufficient to ensure that a worker descending the escape line can stop six metres from the ground anchor point;

(b) an escape line is clearly marked and protected from physical damage;

(c) an escape line is visually inspected by a competent person at least once a week; and

(d) a path of escape is kept free of obstruction.

(4) An employer, contractor or owner shall ensure that no worker is required or permitted to slide down a pipe, tube, rod, kelly, cable or rope line on a derrick except in an emergency.

Section 423 Full-body harness

423. An employer, contractor or owner shall ensure that a worker who is working on a rig at a height of three metres or more above the derrick floor or other working surface uses an approved full-body harness that meets the requirements of Part VII.

Section 424 Fuel storage

424. An employer, contractor or owner shall ensure that:

(a) no gasoline or liquid fuel, other than diesel fuel or fuel in the tank of an operating machine, is stored within 20 metres of a well; and

(b) any drainage from a fuel storage container on a worksite runs in a direction away from the well.

Section 425 Pressure relief devices

425. (1) An employer, contractor, owner or supplier shall ensure that every drilling fluid pump and servicing fluid pump is equipped with a pressure relief device in accordance with this section.

(2) A pressure relief device must be installed on the discharge side of a positive displacement drilling fluid pump or servicing fluid pump.

(3) There must not be a valve between a drilling service pump or servicing fluid pump and a pressure relief device.

(4) A pressure relief device must be set to discharge at a pressure not in excess of the maximum working pressure for which the drilling fluid pump or servicing fluid pump and the connecting pipes and fittings have been designed.

(5) A pressure relief device and its components must be of a design and strength specified in the manufacturer's design specifications for the pressure relief device.

(6) An employer, contractor or owner shall ensure that fluids or materials discharged through a pressure relief device are piped to a place where they will not endanger workers.

(7) The diameter of piping connected to the pressure side and discharge side of a pressure relief device must not be smaller than the diameter of the openings to the device.

(8) The piping on the discharge side of a pressure relief device must be:

(a) secured to prevent movement; and

(b) sloped to drain fluids away from the discharge outlet.

(9) A mud gun used for jetting must be securely anchored.

(10) Valves of the quick closing type must not be used on the discharge line from a drilling fluid pump or servicing fluid pump.

(11) An employer, contractor or owner shall ensure that a drilling fluid pump or servicing fluid pump is protected against freezing.

(12) An employer, contractor or owner shall ensure that a fluid pump using a pressure relief device is routinely inspected by a competent person to ensure the pressure relief device is in good operating condition.

Section 426 Catheads

426. (1) On and after July 1, 1997, an employer, contractor or owner shall ensure that no worker is required or permitted to use rope- operated friction catheads for hoisting on a rig.

(2) An employer, contractor or owner shall ensure that every automatic cathead is equipped with a separate control unless:

(a) the cathead is equipped with dual purpose controls; and

(b) a locking device is installed to prevent one cathead from being engaged accidentally while the other cathead is in operation.

(3) With respect to the use of rope-operated friction catheads for hoisting before July 1, 1997, an employer, contractor or owner shall ensure that:

(a) a cathead on which a rope is manually operated is equipped with a blunt, smooth-edged rope divider;

(b) the clearance between the rope divider and the friction surface of a cathead does not exceed seven millimetres;

(c) every key seat and projecting key on a cathead is covered with a smooth thimble or plate;

(d) there is clearance of at least 500 millimetres between the outer flange of a cathead and any substructure, guardrail or wall;

(e) a competent worker attends the drawworks control while a cathead is in use; and

(f) the operating area of a manually operated cathead is kept clear at all times and the portion of the rope or line not being used is kept coiled or spooled.

(4) With respect to the use of rope-operated friction catheads for hoisting before July 1, 1997:

(a) the operator of a friction cathead shall keep the operating area clear at all times and keep coiled or spooled the portion of the rope or line that is not in use; and

(b) no operator of a friction cathead shall:

(i) leave a rope or line wrapped around or in contact with an unattended cathead; or

(ii) allow a splice to come in contact with the friction surface of the cathead.

Section 427 Spudding in

427. An employer, contractor or owner shall ensure that spudding in is not begun until:

(a) all safeguards required by these regulations are in place;

(b) all platforms, stairways, handrails and guardrails are installed and securely fastened in position; and

(c) the auxiliary escape line required by section 422 is installed and inspected.

Section 428 Operating controls

428. (1) An employer, contractor, owner or supplier shall ensure that:

(a) all operating controls of a rig are installed at the operator control panel and clearly labelled as to the function of the control;

(b) where there is a danger of any operating control being engaged by accidental contact, the controls are protected by a safeguard;

(c) an engine shut-down device is installed at the operator control panel; and

(d) all hoist controls are designed to return to the neutral position when released.

(2) A worker who is in charge of the operating controls of the drawworks shall ensure that all other workers are clear of the equipment and lines before putting the drawworks in motion.

Section 429 Travelling blocks

429. An employer, contractor, owner or supplier shall ensure, with respect to a travelling block, that:

(a) every hook to which equipment is directly or indirectly attached is equipped with a positive locking device to prevent accidental release of the load being hoisted or lowered;

(b) the travelling block and every hook, elevator, elevator link and unit of travelling equipment is free of any projecting bolt, nut, pin or part;

(c) an upward travel limiting device is installed on every rig and tested once during each shift; and

(d) the upward travel limiting device mentioned in clause (c) disengages the power to the hoisting drum and applies the brakes to prevent the travelling block from contacting the crown structure.

Section 430 Counterweights

430. An employer, contractor or owner shall ensure that no counterweight comes within 2.3 metres of the derrick floor unless the counterweight is fully encased and running in permanent guides.

Section 431 Weight indicators

431. An employer, contractor or owner shall ensure that:

(a) the hoist mechanism of a rig is equipped with a reliable weight indicator; and

(b) a weight indicator mentioned in clause (a) that is hung above the derrick floor is secured against falling by means of a secondary cable or chain.

Section 432 Drawworks

432. (1) On and after July 1, 1997, an employer, contractor or owner shall ensure that the drawworks on every drilling rig is equipped with an automatic feed control.

(2) An employer, contractor or owner shall ensure, with respect to the drawworks on a rig, that:

(a) the mechanism installed or used to hold down the brakes in the engaged position is designed to prevent accidental disengagement;

(b) a competent person tests the brakes at the beginning of each shift and inspects the brakes at least weekly to ensure that they are in good working order; and

(c) controls are not left unattended while the hoist drum is in motion except during drilling.

(3) In the case of a drawworks that is not equipped with an automatic feed control and that is operated before July 1, 1997, an employer, contractor or owner shall ensure that the brakes are not left unattended without first being secured in the engaged position.

Section 433 Drill pipes, tubing, etc.

433. (1) Where a drill pipe, drill collar or tubing is racked in a derrick, an employer, contractor or owner shall ensure that provision is made for the complete drainage of fluids or gases from the drill pipe, drill collar or tubing.

(2) An employer, contractor or owner shall ensure that a drill pipe, drill collar, tubing, casing or rod that is racked in a derrick is secured to prevent it from falling.

(3) Before running a drill pipe, drill collar, tubing or casing in a wellbore, an employer, contractor or owner shall ensure that the drill pipe, drill collar, tubing or casing is free from ice plugs or other obstructions.

Section 434 Material racks

434. (1) An employer, contractor, owner or supplier shall ensure that material racks are designed and constructed to prevent material from rolling off the rack.

(2) An employer, contractor, owner or supplier shall ensure that workers:

(a) transfer to and from storage, move and handle material in a controlled and safe manner; and

(b) hoist material into and out of a derrick in a controlled and safe manner.

Section 435 Rotary tongs

435. An employer, contractor, owner or supplier shall ensure that a rotary tong is provided with:

(a) a primary safety device to prevent uncontrolled movement of the tong; and

(b) a secondary safety device that will prevent uncontrolled movement of the tong if the primary device fails.

Section 436 Rotary tables

436. (1) Where visibility on the derrick floor is obscured, an employer, contractor or owner shall ensure that no worker works on a derrick floor while the rotary table is in motion.

(2) An employer, contractor or owner shall ensure that rotary table motion is not used for the final make up or initial breaking out of a pipe connection.

(3) An employer, contractor or owner shall not require or permit a worker:

(a) to handle or use hoses, lines or chains near a rotary table while the rotary table is in motion; or

(b) to engage a rotary table drive until all workers and materials are clear of the rotary table.

(4) No worker shall:

(a) handle or use hoses, lines or chains near a rotary table while the rotary table is in motion; or

(b) engage a rotary table drive until all workers and materials are clear of the rotary table.

Section 437 Exits from enclosures

437. On a drilling rig, an employer, contractor or owner shall ensure that:

(a) safe exits from a derrick floor enclosure to ground level are provided on at least three sides of the derrick floor;

(b) all doors of a derrick floor enclosure open away from the wellbore and, where reasonably practicable, onto a platform that leads to a stairway;

(c) one stairway is installed from the ground to the derrick floor beside the ramp; and

(d) pump house and boiler house enclosures have at least two exits that lead in different directions to the outside.

Section 438 Rig tanks or pits

438. An employer, contractor or owner shall ensure that a rig tank or pit used to circulate drilling fluids contaminated with flammable material is protected from all sources of ignition.

Section 439 Drill stem testing

439. During drill stem testing, an employer, contractor or owner shall ensure that:

(a) if fluids are encountered, the mud can and test plug are used on every joint of pipe that is disconnected unless the drill stem contents have been pumped out and replaced with drilling fluid;

(b) motors and engines that are not required in the testing operation are shut off;

(c) no motor vehicle is operated within 25 metres of the wellbore;

(d) where swivel joints are used in the piping system, the source and discharge ends of the piping system are secured in a manner that will prevent whipping and flailing of the pipe if the pipe separates from the source or discharge connection;

(e) where hydrocarbons or hydrogen sulphide may accumulate, hydrogen sulphide and hydrocarbon monitors are installed, with the readouts clearly visible to the driller on the derrick floor;

(f) the hydrogen sulphide monitor is capable of detecting hydrogen sulphide at a concentration of 14 milligrams per cubic metre of air, is calibrated and tested before use and is properly maintained;

(g) where hydrogen sulphide or hydrocarbons are found to be present at levels that may place a worker at risk, the formation fluids in the drill stem are replaced with drilling fluid and circulated to a flare pit or holding tank that is not less than 45 metres from the well;

(h) a tank level alarm that is clearly audible to the driller on the derrick floor or a tank level indicator is installed on the trip tank and is properly maintained;

(i) a tank level indicator mentioned in clause (h) has a read-out that is clearly visible to the driller on the derrick floor; and

(j) before tripping the drill pipe out of the hole, reverse circulation procedures are implemented.

Section 440 Swabbing

440. During swabbing operations using a well servicing rig, an employer, contractor or owner shall ensure that:

(a) fluids containing hydrocarbons that are used in or result from the swabbing operation are piped directly through a suitable degasser to a battery, skid tank, mobile trailer tank or tank truck located not less than 45 metres from the wellbore; and

(b) while fluids that are used in or result from the swabbing operation are being piped into a tank truck, the engine of the tank truck is shut down and the driver does not remain in the truck cab.

Section 441 Well operation and servicing

441. (1) During the servicing of a well, an employer, contractor or owner shall ensure that:

(a) where a pump may be circulating gaseous hydrocarbons, the fluids entering the rig tank first pass through a degasser;

(b) where a pump may be circulating gaseous hydrocarbons, the air intake and exhaust of the pump motor are located not less than six metres from the rig tank;

(c) the tank truck is located on the far side of the rig tank from the wellbore and at a distance of not less than six metres from the rig tank during loading and unloading;

(d) carbon dioxide suction lines are secured to the supply vehicle and pumping unit; and

(e) adequate warning signs prohibiting the presence of workers are positioned along the discharge pipelines before pressurization begins.

(2) Before fluids are unloaded into a wellhead, an employer, contractor or owner shall ensure that the lines between the pump and the wellhead are:

(a) designed and constructed to sustain the maximum anticipated pressure during service; and

(b) hydraulically pressure tested at a pressure that is not less than 10% above the maximum pressure anticipated during service.

(3) An employer, contractor or owner shall ensure that:

(a) swivel joints used with a hammer union are properly secured and of sufficient strength to withstand the stresses to which the joints may be subjected;

(b) oil savers are equipped with controls that can be readily operated from the rig floor; and

(c) a bleed-off valve is installed between a check valve and the wellhead.

Section 442 Well stimulation

442. (1) During well stimulation or any similar operation, an employer, contractor or owner shall ensure that:

(a) where a working pressure of 2,000 kilopascals or more is applied to the piping system, equipment located between a pump or sand concentrator and the wellhead is controlled remotely from a location outside the potential danger area;

(b) subject to subsection (2), no worker is required or permitted to enter the potential danger area while the system is pressurized;

(c) where liquid carbon dioxide or liquid nitrogen is being used, the pumping unit is designed and positioned so that the valve controls can be operated from the low pressure side of the system;

(d) a check valve is installed as close as is practicable to the wellhead except while cementing or selective acidizing is being done;

(e) where flammable fluids are being pumped during fracturing and acidizing treatment, approved and properly maintained fire suppression equipment is provided;

(f) the rubber mud line used on a cement pumper is not used in place of the kelly hose to break circulation; and

(g) all pumping units, blenders and endless tubing units are continuously bonded to ground.

(2) An employer, contractor or owner may permit a worker to enter the area between the check valve and the wellhead for the purpose of operating the bleed-off valve if the pumping motor is shut off before the worker enters the area.

Section 443 Shot holes

443. With respect to a shot hole drilling operation, an employer, contractor or owner shall ensure that a pipe wrench used as a break out tong is equipped with a suitable hand guard on the pipe wrench handle.

Section 444 Gas sample containers

444. An employer, contractor or owner shall ensure that containers and any piping and fittings used in the collection of gas samples are of sufficient strength to withstand all the pressure to which the containers, piping or fittings may be subjected and are designed, used and transported so as to prevent the accidental release of the contents.

Section 445 Piping systems at well sites

445. An employer, contractor or owner shall ensure that:

(a) a piping system at a well site is designed, constructed, installed, operated and maintained to contain safely any material at the maximum operating pressures anticipated; and

(b) all pipe and components used in the piping system meet the requirements of an approved standard.

Section 446 Breathing apparatus

446. At a rig, an employer, contractor or owner shall ensure that at least two atmosphere-supplying respirators that meet the requirements of section 90 are readily available for use in a rescue.

Section 447 First aid attendants

447. Notwithstanding section 54, an employer, contractor or owner shall ensure that at least one first aid attendant with a class A qualification is readily available on each shift at each rig.

Section 448 Procedures for flare tips, etc.

448. An employer, contractor or owner shall:

(a) prepare and implement written procedures to ensure the safety of workers in the lighting or operation of a flare tip, flare stack or flare line used at a worksite; and

(b) instruct all workers in the application of those procedures.

Section 449 Plan for well testing

449. (1) An employer, contractor or owner shall develop and implement a written plan that establishes the procedures to be followed by workers who conduct well testing.

(2) A plan required by subsection (1) must include:

(a) the responsibilities, qualifications and minimum number of testing personnel;

(b) the requirements for personal protective equipment; and

(c) start-up and operating procedures that are adequate to protect the health and safety of the workers.

(3) An employer, contractor or owner shall have a copy of the plan required by subsection (1) readily available for reference by workers.

Part II Notice Requirements

Section 9 Dangerous occurrences

9. (1) In this section, "dangerous occurrence" means any occurrence that does not result in, but could have resulted in, a condition or circumstance set out in subsection 8(1), and includes:

(a) the structural failure or collapse of:

(i) a structure, scaffold, temporary falsework or concrete formwork; or

(ii) all or any part of an excavated shaft, tunnel, caisson, coffer dam, trench or excavation;

(b) the failure of a crane or hoist or the overturning of a crane or unit of powered mobile equipment;

(c) an accidental contact with an energized electrical conductor;

(d) the bursting of a grinding wheel;

(e) an uncontrolled spill or escape of a toxic, corrosive or explosive substance;

(f) a premature detonation or accidental detonation of explosives;

(g) the failure of an elevated or suspended platform; and

(h) the failure of an atmosphere-supplying respirator.

(2) An employer, contractor or owner shall give notice to the division as soon as is reasonably possible of any dangerous occurrence that takes place at a place of employment, whether or not a worker sustains injury.

(3) A notice required by subsection (2) must include:

(a) the name of each employer, contractor and owner at the place of employment;

(b) the date, time and location of the dangerous occurrence;

(c) the circumstances related to the dangerous occurrence; and

(d) the name, telephone number and fax number of the employer, contractor or owner or a person designated by the employer, contractor or owner to be contacted for additional information.

(4) An employer, contractor or owner shall provide each co-chairperson or the representative with a copy of the notice required by subsection (2).

Occupational Health and Safety (Prime Contractor) Regulations
S.S., c. S-15.1, Reg 2

Section 3 Prime contractor required

3. (1) A worksite is a required worksite if 10 or more self-employed persons or workers under the direction of two or more employers are engaged at the worksite in one or more of the following industries:

(a) the construction industry;

(b) the forestry industry;

(c) the oil and gas industry.

(2) If a worksite is a required worksite, the prime contractor is:

(a) the contractor, employer or other person who enters into a written agreement with the owner of the worksite to be the prime contractor; or

(b) if no agreement mentioned in clause (a) has been made or is in force, the owner of the worksite.

Section 4 Duties of owners, employers and self-employed persons in relation to prime contractors

4. (1) An owner at a required worksite shall:

(a) designate the owner or another person as the prime contractor for the required worksite; and

(b) if the owner is not the prime contractor, provide, in writing, the prime contractor with the following information as soon as possible after designating the prime contractor:

(i) the policies, procedures and safe work practices mentioned in clause 5(c) of each employer or self-employed person;

(ii) any required information, as defined in subsection 3-16(1) of the Act, that is known or reasonably expected to be known by the employer or self-employed person; and

(iii) any other information reasonably required by the prime contractor to coordinate the activities at the worksite that may affect the health and safety of workers and self-employed persons engaged at the worksite.

(2) If the information mentioned in subclause (1)(b)(ii) changes, the employer or self-employed person who provided the information shall provide the prime contractor with notice of any change as soon as is reasonably practicable after the change.

(3) An owner, employer and self-employed person at a required worksite shall comply with any reasonable direction issued by the prime contractor or the person identified pursuant to clause 5(d) for the purpose of performing his or her duties pursuant to Part III of the Act and these regulations.

(4) Every employer at a required worksite shall:

(a) designate a competent person as the designated supervisor for the employer’s workers at the required worksite; and

(b) give the prime contractor the name of the person designated as the designated supervisor pursuant to clause (a).

(5) Every designated supervisor shall perform the duties imposed on supervisors by Part III of the Act and these regulations and shall carry out any other duties required to be performed pursuant to any another Act or regulation.

(6) Nothing in this section is to be interpreted as limiting or replacing the duties or requirements imposed by Part III of the Act and these regulations on an employer or any other person.

Section 5 Prescribed activities of prime contractor

5. For the purposes of section 3-13 of the Act, the prime contractor shall:

(a) ensure that the names of and the method of contacting the prime contractor and the individual identified pursuant to clause (d) are posted at a conspicuous location at the required worksite;

(b) ensure that all activities at the required worksite that may affect the health and safety of workers or self-employed persons are coordinated;

(c) ensure, insofar as is reasonably practicable, that all employers and self-employed persons have adequate and appropriate policies, procedures, safe work practices, equipment, competent workers and information to ensure that:

(i) the employers and the self-employed persons comply with Part III of the Act and these regulations;

(ii) the activities of the employers, the workers or the self-employed persons do not jeopardize the health and safety of a worker or self-employed person at the required worksite; and

(iii) the employers, the workers and the self-employed persons comply with any health and safety related policies and procedures implemented by the prime contractor;

(d) identify a competent person to oversee and direct, on behalf of the prime contractor, the activities of employers, workers and self-employed persons at the required worksite;

(e) prepare a written plan that:

(i) addresses how the requirements imposed by clauses (b) and (c) are being met;

(ii) sets out the name and the method of contacting the individual identified pursuant to clause (d);

(iii) identifies the supervisors for the required worksite designated by employers pursuant to clause 4(4)(a); and

(iv) addresses other matters that the minister may require to be addressed;

(f) deliver a copy of the written plan mentioned in clause (e) to all employers and self-employed persons before they commence working at the required worksite;

(g) cooperate with any other person performing a duty imposed by Part III of the Act or these regulations;

(h) identify and inform employers, workers and self-employed persons about the hazards in or at the required worksite for which the prime contractor is responsible;

(i) ensure, insofar as is reasonably practicable, that the employers or self-employed persons at the required worksite eliminate:

(i) hazards identified by the prime contractor before activities or operations begin at the required worksite; and

(ii) while activities or operations continue at the required worksite, hazards identified by the prime contractor after activities or operations have commenced;

(j) ensure, insofar as is reasonably practicable, that the employers or self-employed persons at the required worksite reduce or control hazards that it is not reasonably practicable to eliminate; and

(k) comply with Part III of the Act and these regulations.