Amendments to Part II of the Canada Labour Code. October 24, 2014

Transcription

1 Amendments to Part II of the Canada Labour Code October 24, 2014

2 Background Amendments were made to Part II of the Canada Labour Code under the Economic Action Plan 2013 Act, No. 2. Royal Assent was received in December The amendments will come into force on October 31, The objective of the amendments is to strengthen the internal responsibility system and promote internal resolution for occupational health and safety issues. 2

3 Overview of the Amendments The definition of danger has been simplified and made clearer. The work refusal process has been redesigned to: Strengthen the Internal Responsibility System (IRS); Allow the Labour Program to group work refusals which concern the same employer and issue. Moving from designation of Labour Program Health and Safety Officers (HSOs) to a delegation model for HSOs Authorities granted to the Minister of Labour under revised Part II of the Code will now be delegated to various Labour Program officials. 3

4 Definition of Danger The objective of this amendment is to clarify the definition of danger. New definition of danger: danger means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered The definition still provides protection from all hazards, imminent, serious and longer-term impact to life and health. The right of employees to refuse dangerous work is paramount and remains in the legislation. 4

5 Refusal to Work What s New The refusal to work process has been updated to reinforce the internal responsibility system, which is the cornerstone of Part II of the Canada Labour Code. Building the Internal Responsibility System: Workplace parties, employers and employees, are at the forefront of preventing injuries, identifying health and safety issues as well as resolving any possible disputes, in an effective and timely manner. Part of the new process requires two internal investigations to take place at the work place: the first investigation by the employer; and where required, a second conducted by the work place health and safety committee or health and safety representative. The employee may participate in both investigations. 5

6 Refusal to Work What s New The work refusal process now allows for the grouping of work refusals which concern the same employer and issue. The Labour Program can now conduct refusal to work investigations virtually, when it is reasonable to do so (eg. when travelling to the worksite will not yield additional information). A delegated Labour Program official will investigate a continued refusal to work, unless it is determined that: I. the matter could be more effectively dealt with under another Act (eg. collective II. III. bargaining); the matter is trivial, frivolous, vexatious; or, the continued refusal is made in bad faith. 6

7 Moving from Designation to Delegation With the proposed amendments, the Minister of Labour will now have authority to delegate powers, duties and functions previously conferred upon HSOs. HSOs will receive delegation based on experience, qualifications and training and supported by a certification process. HSOs will still be available 24/7 to respond to urgent situations that require immediate intervention. 7

8 IPGs: New and Revised IPG 004 (Revised): Participation of the Work Place Health and Safety Committee or Representative IPG 062 (Revised): Definition of Danger IPG 070 (New): Danger as a Normal Condition of Employment IPG 083 (New): Complaint is Trivial, Frivolous, Vexatious or Made in Bad Faith. 8

9 Proposed Regulatory Changes On Board Trains Occupational Safety and Health Regulations (OTOSHR) Objective: Harmonize the OTOSHR with Canada Occupational Health and Safety Regulations (COHSR). Oil and Gas Occupational Safety and Health Regulations (OGOSHR) Objective: Align OGOSHR with COHSR and Maritime Occupational Health and Safety Regulations (MOHSR) Safety and Health Committees and Representatives Regulations (SHCRR) Objective: To include rules of procedure for policy health and safety committees, and to specify training elements required by the Canada Labour Code for policy and work place committee members, as well as for health and safety representatives. 9

10 Proposed Regulatory Changes Part X - Hazardous Substances of the Canada Occupational Health and Safety Regulations Objective: To update standards (occupational exposure levels for certain hazardous substances) and terminology, clarify employer requirements and improve health and safety protection for workers. Part X Hazardous Substances of the Canada Occupational Health and Safety Regulations Globally Harmonized System for the Classification and Labelling of Chemicals (GHS) Objective: Update provisions related to WHMIS in order to implement the GHS 10

11 Questions? 11