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Introduction - Plan of the session
Purpose of Part II of the Code Part II of the Canada Labour Code relates to occupational health and safety and reflects the desire to reduce work place injuries and accidents in federal jurisdiction. The Code applies to the following interprovincial and international industries
General Duty of Employer Every employer shall ensure that the health and safety at work of every person employed by the employer are protected. Specific Duties of Employer Employers have specific duties with regards to each work place they control and every work activity under their authority that occurs in a work place that is beyond their employer’s control. Employers are required to provide employees with:
Employers must also ensure that every person granted access to the work place is provided with the prescribed safety materials, equipment, devices and clothing and ensure that every person is familiar with, and uses them. The Code requires that each employee, and each person granted access to the work place, be made aware of every known or foreseeable hazard in the area where the employee works or to which the person is likely to be exposed. Employers must investigate, record and report all accidents, occupational diseases and other hazardous occurences, and keep and maintain accurate health and safety records. Employers must comply with every directions given to them by a health and safety officer or an appeals officer. Duties of Employees “Employees have a responsibility to take all reasonable and necessary precautions to ensure their health and safety and that of anyone else who may be affected by their work or activities.” “Employees have to report to the employer
any thing or circumstance that is likely to be hazardous to the employees
or any other person in the work place.” Work Place Health and Safety Committees Every employer is required to establish a work place health and safety committee for each work place, controlled by the employer, that has 20 or more employees. Policy Health and Safety Committees For the purposes of addressing health and safety matters that apply to the work, undertaking or business of an employer, every employer who normally employs directly three hundred or more employees shall establish a policy committee Health and Safety Representatives Under 136. (1) the Code requires each employer to appoint a health and safety representative for each work place, controlled by the employer, with fewer than 20 employees. Canada Occupational Safety and Health Regulations identifies, in much greater detail, the specific requirements in order to ensure a healthy and safe work place. Three Basic Rights:
The Right of Redress Purpose: to protect employers from abuse of the right to refuse and protect employees from arbitrary discipline Training Under the Code, the employer shall provide, in the prescribed manner, each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work. paragraph 125. (1)(q) Internal Complaint Resolution Process Complaints can be made to a health and safety officer at the Labour Program ONLY if the internal resolution process has been followed and has not been successful in resolving the matter. Sec. 127 CLC Part II Health and Safety Officer In the context of the Canada Labour Code, a health and safety officer is a person appointed by the Minister of Labour. Sec. 140 & 141 CLC Part II OFFENCES AND PUNISHMENT
Sec. 145 to 154 CLC Part II MONTHLY INSPECTION The employer shall ensure that the work place committee or the health and safety representative inspects each month all or part of the work place, so that every part of the work place is inspected at least once each year. For more information please see the RCMP Occupational Health & Safety Info-Web page at: http://infobeb.rcmp-grc.gc.ca/english/central/hq/programs/hr/safety/index_e.htm or consult the CLC Part II at the following E-mail address: http://laws.justice.gc.ca/en/L-2/16133.html
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©RCMP-GRC
clcode0002.htm
12.12.02