1.03.01(1) Every employer must conduct hazard assessments in accordance with this section and in relation to each of the employer’s workplaces, in order to identify existing and potential hazards in the workplace and to determine the extent of the risk of injury arising from those hazards.

(2) In conducting a hazard assessment in relation to a workplace, the employer must

(a) consider any previous experience in the workplace in relation to each identified hazard;

(b) consider any experience in similar workplaces in relation to each identified hazard;

(c) take into consideration the location and circumstances in which work takes place in the workplace; and

(d) assess the likelihood that each identified hazard presents or will present a risk of injury.

(3) Hazard assessments under this section must be conducted in consultation with

(a) the committee or the health and safety representative, if the employer is required under the Act to establish a committee or have a health and safety representative in the workplace; or

(b) in any other case, the workers in the workplace.

(4) Hazard assessments under this section must be conducted

(a) as frequently as is required to prevent the development of hazards;

(b) as soon as is practicable after a significant change occurs in any of the following:

(i) the location or circumstances in which work takes place in the workplace,

(ii) the interactions that occur in the course of the performance of work in the workplace,

(iii) the physical location or layout of the workplace;

(c) as soon as is practicable after an employer becomes aware of an incident or injury in the workplace involving a hazard that was identified when a previous hazard assessment was conducted; or

(d) when ordered to be conducted by the board.

[O.I.C. 2020/21, s. 3; 2022/118, s. 18]

1.04.01(1) Every employer must develop, in relation to each of the employer’s workplaces, written policy statements and procedures for the prevention of injury in that workplace and must implement those policies and procedures.

(2) At least once every three years, the employer must review and make any necessary revisions to the policy statements and procedures developed subsection (1).

(3) When ordered by the board to review its policies, procedures, and practices for the prevention of injury in a workplace, the employer must proceed to have an expert acceptable to the board to perform a review and to submit a written report of their findings.

[O.I.C. 2020/21, s. 4; 2022/118, s. 20]

1.06.01(1) Every employer must ensure that all workers are trained in respect of

(a) the identification of existing and potential hazards in the workplace;

(b) the policy statements and procedures that the employer has developed and implemented for the prevention of injury in the workplace;

(c) the appropriate response to incidents and injuries, including procedures for obtaining assistance; and

(d) the procedures for reporting, investigating, and documenting incidents and injuries.

(2) Every employer must maintain records of training provided to their workers under subsection (1).

[O.I.C. 2020/21, s. 5]

19.01(1) Every employer must, in relation to each of the employer’s workplaces

(a) develop a written policy statement and procedures respecting the prevention of violence and harassment, and implement those procedures;

(b) give necessary training to workers in relation to the policy statement and procedures; and

(c) provide adequate supervision in order to ensure that workers comply with the policy statement and procedures.

(2) The policy statement and procedures developed under subsection (1) must be in consultation with

(a) the committee or the health and safety representative, if the employer is required under the Act to establish a committee or have a health and safety representative for the workplace; or

(b) in any other case, the workers in the workplace.

[O.I.C. 2020/21, s. 6]

19.04(1) An employer must ensure that an investigation that is appropriate in the circumstances is conducted into each incident and each complaint of violence or harassment.

(2) In respect of an investigation conducted under subsection (1), if an officer so orders

(a) the investigation must be conducted by an impartial person who has the knowledge, experience or other qualifications required to conduct it;

(b) without delay after the completion of the investigation, the person who conducted it must prepare a report of the investigation in writing and deliver it to the employer; and

(c) the employer must, at its own expense and without delay after receiving a report prepared under paragraph (b), provide a copy of it to the officer and

(i) if the investigation is in relation to an incident, to each person involved in the incident, or

(ii) if the investigation is in relation to a complaint, to the complainant.

[O.I.C. 2020/21, s. 6; 2022/118, s. 170]

19.05 If an employer becomes aware, or ought reasonably to be aware, that a worker is or is likely to be exposed to domestic violence in the workplace, the employer must take reasonable precautions to protect the worker and any other persons in the workplace who are likely to be affected.

[O.I.C. 2020/21, s. 6]

27. (1) Every employer must ensure, as far as is reasonably practicable, that

(a) the workplace, equipment and work techniques, procedures and systems under the employer’s control are safe and without risks to health and safety;

(b) work techniques, procedures and systems are adopted and used that will prevent or reduce the risk of injury and death; and

(c) workers are given necessary instruction and training and are adequately supervised, taking into account the nature of the work and the abilities of the workers.

(2) Without limiting subsection (1), every employer must, as far as is reasonably practicable,

(a) ensure that workers are made aware of any hazards in the work and in the handling, storage, use, disposal and transport of any equipment or hazardous substance;

(b) consult and co-operate with the committee or worker health and safety representative, as applicable, regarding the duties and matters of the committee or worker health and safety representative under this Part;

(c) ensure that workers are informed of their rights, responsibilities and duties under this Part;

(d) make reasonable efforts to check the well-being of a worker in situations when the worker is employed under conditions that present a significant hazard of injury or death, or when the worker might not be able to secure assistance in the event of injury or other misfortune; and

(e) comply with this Part and the regulations.

28. Every supervisor must

(a) ensure, as far as is reasonably practicable, the health and safety of every worker who is performing work under their supervision;

(b) be competent, because of knowledge, training or experience, to ensure that work is performed in a safe manner;

(c) be knowledgeable about this Part and the regulations that are applicable to the work being supervised;

(d) ensure that every worker under their supervision

(i) is made aware of all known or reasonably foreseeable existing or potential hazards to which they are likely to be exposed by their work,

(ii) uses or wears all protective equipment and clothing that is provided to them by the employer or that is required under this Part to be used or worn, and

(iii) complies with this Part and the regulations;

(e) co-operate with the committee or worker health and safety representative, as applicable;

(f) co-operate with any person who is performing a duty that is imposed under this Part; and

(g) comply with this Part and the regulations.

29. Every worker must

(a) take all necessary precautions to ensure, as far as is reasonably practicable, their own health and safety and that of every other person who may be affected by their acts or omissions at a workplace;

(b) perform their work in accordance with established safe work procedures as required by the employer, this Part and the regulations;

(c) use or wear all protective equipment and clothing that is provided to them by the employer or that is required under this Part to be used or worn by them;

(d) refrain from engaging in any improper activity or behaviour at a workplace that might create or constitute a hazard to themself or to any other person;

(e) report the following occurrences to their supervisor or employer:

(i) any unsafe act that occurs or has occurred or condition that exists or has existed, at the workplace, that they have reason to believe would present a risk to health and safety,

(ii) the absence of or a defect in any protective equipment or clothing, or the existence of any other hazard, that they have reason to believe is likely to endanger themself or any other person,

(iii) any contravention of this Part or the regulations of which they are aware;

(f) co-operate with the committee or worker health and safety representative, as applicable;

(g) co-operate with any person who is performing a duty that is imposed under this Part; and

(h) comply with this Part and the regulations.

60. (1) An officer may make any examinations, inquiries, inspections and investigations that the officer considers necessary in the administration and enforcement of this Part and the regulations.

(2) Without limiting subsection (1), an officer may

(a) at any reasonable time, without a warrant and without prior notification, enter any place or premises, other than a dwelling-house, in which the officer has reason to believe workers are or were working;

(b) with the consent of the owner or occupant or under the authority of a warrant that is issued under section 194, enter any dwelling-house in which the officer has reason to believe workers are or were working;

(c) bring with them any person, and any equipment and materials, that the officer needs to carry out their examination, inquiry, inspection or investigation, and arrange for that person to re-enter a place or premises unaccompanied by the officer to perform duties specified by the officer;

(d) make any examinations, inquiries, inspections and investigations that the officer considers necessary

(i) to determine the cause and particulars of any incident or of any injury to or death of a worker, or

(ii) to prevent incidents, injuries and deaths at a workplace;

(e) take photographs or make recordings of any place or premises or of any activities that are taking place at the place or premises;

(f) take measurements, conduct tests and take samples of articles or substances that are found at or near a place or premises;

(g) cause any article or sample that is taken under paragraph (f) to be dismantled or subjected to any process or test, but not in a manner that would damage or destroy it, unless under the circumstances damage or destruction is unavoidable or necessary;

(h) in respect of equipment

(i) test any equipment at a place or premises or cause it to be tested,

(ii) require equipment to be removed to a place that is designated by the board for the purpose of testing,

(iii) require an employer or their designate to demonstrate the use of any equipment, and

(iv) require an owner, prime contractor or employer, at their own expense,

(A) to have equipment tested by an expert who is acceptable to the board and to obtain a report of the expert’s findings, and

(B) to provide the officer with the expert’s report setting out the test results and any measures that need to be taken to meet the requirements of this Part or the regulations;

(i) take possession of any article, sample or equipment that is tested under this subsection for as long as is necessary for use as evidence in any proceeding that relates to this Part;

(j) require any records or things that relate in any way to the health and safety of workers at a workplace to be produced for inspection and for the purpose of making copies of them or taking extracts from them;

(k) as part of any examination, inquiry, inspection or investigation, require any person to provide the officer with all reasonable assistance, including using any computer hardware or software or any other data storage, processing or retrieval device or system to produce information;

(l) as part of any examination, inquiry, inspection or investigation, require any person who the officer believes may have information about the matter

(i) to accompany the officer during an inspection or investigation,

(ii) to attend an interview, at which only the following persons may be present:

(A) the person whose information is sought and is being interviewed,

(B) a person nominated by the person being interviewed,

(C) any other persons that the officer permits,

(iii) to provide the officer with full and correct answers to any questions that the officer may ask;

(m) direct that any workplace, or part of a workplace, or anything at a workplace, be left undisturbed for such time as is reasonably necessary for any of the purposes specified in this subsection;

(n) require an owner, prime contractor or employer to provide to the officer, at their own expense, a written report of an expert acceptable to the board that either

(i) confirms that any premises, land, or workplace meets the requirements of this Part and the regulations, or

(ii) sets out the measures that need to be taken for the premises, land or workplace to meet the requirements of this Part and the regulations;

(o) require an employer, prime contractor or other person to produce safety data sheets and other records of information relating to any hazardous substance or combination of hazardous substances used or intended to be used at a workplace;

(p) require an employer or prime contractor, at their own expense,

(i) to undertake an audit, review or other evaluation of their health and safety management system by an expert acceptable to the board, and

(ii) to provide to the officer the expert’s written report setting out the results and any measures that need to be taken to meet the requirements of this Part or the regulations;

(q) require an employer, prime contractor or other person, at their own expense,

(i) to cause an investigation to be conducted into an incident, injury or death by an investigator acceptable to the board, and

(ii) to provide the officer with the investigator’s written report setting out the results and any measures that need to be taken to meet the requirements of this Part or the regulations; and

(r) exercise any other powers and perform any other duties that may be assigned to officers under this Part.

64. (1) The board or an officer may make orders for the carrying out of anything that may be required under this Part.

(2) An order made under subsection (1) must indicate the nature of any contravention of this Part or the regulations, if any, and if appropriate, the location of the contravention.

170. (1) A person commits an offence if the person

(a) contravenes or does not comply with a provision of this Act or the regulations; or

(b) does not comply with an order or decision of the board made under Part 3.

(2) A person must not knowingly obstruct, make a false statement to or mislead the board or any person who acts on behalf of the board.

(3) A person who commits an offence under this Act is liable on summary conviction

(a) for a first offence, to a fine of not more than $500,000, and, in the case of a continuing offence, to a further fine of not more than $50,000 for each day or part of a day during which the offence continues; and

(b) for a second or subsequent offence, to a fine of not more than $1,000,000, and, in the case of a continuing offence, to a further fine of not more than $100,000 for each day or part of a day during which the offence continues.

(4) When a person is convicted of an offence, in addition to being liable to the fines that are set out in paragraphs (3)(a) and (b), the person may be imprisoned for a term of not more than two years.

(5) When a person is convicted of an offence that relates to a contravention of a provision of Part 3 or of the regulations under that Part, in addition or as an alternative to taking any other action that is provided for in this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order that directs the person to do any of the following:

(a) to pay, in the manner and in the amount that the court determines, a sum of money to any person named by the court to be the recipient of the funds, for any of the following purposes:

(i) training or educational programs regarding the health and safety of workers,

(ii) research programs into the diagnostic, preventative or remedial aspects of workplace health and safety,

(iii) any workplace health and safety initiative by a non-profit organization,

(iv) the establishment and maintenance of scholarships for educational institutions that offer studies in workplace health and safety and related disciplines,

(v) any other purpose that furthers the goal of achieving healthy and safe workplaces;

(b) to take any other action or impose conditions on the person or the recipient referred to in paragraph (a) that the court considers appropriate.

(6) If a corporation commits an offence under this Act, each director or officer of the corporation, or other individual who controls the operations of the corporation, who authorized, permitted or acquiesced in the offence also commits an offence and is liable to the same penalty as if they committed the offence committed by the corporation, whether or not the corporation is prosecuted or convicted.

(7) In proceedings under this Act, a certificate of the board that is signed by a designated signing officer of the board is, in the absence of evidence to the contrary, proof of the facts stated in it without proof of the signature or the official character of the person by whom it purports to be signed, respecting

(a) the transmittal to the board of a record required under this Act;

(b) the payment to the board of an assessment or other amount; or

(c) the board’s service of a document on an employer, worker or other person or body.