OSH TABLE 2

Occupational Safety and Health Laws
in the United States, Mexico and Canada: An Overview

Government = Work Site Access = Inspection by Joint Safety and Health Committee

United States = Inspector must obtain search warrant if employer refuses access. Employee representative has right to accompany inspector. = No requirement for joint safety and health committees.

Canada - Federal = Unlimited access. = Committees participate in identifying and inspecting hazards, as well as monitoring safety procedures and programs.

Alberta = Access at any reasonable hour. = Minister may require establishment of committee to identify unhealthy situations, make recommendations, or establish educational programs at any work site.

British Columbia = Access at any reasonable hour. = Committee must ensure that employer is carrying out and will participate in regular inspections as required by the safety and health program.

Manitoba = Access at any reasonable hour, or at any time if, in officer's opinion, a dangerous situation is occurring. = Committee's duties include participating in the identification of risks to safety and health, developing measures to protect safety, and checking the effectiveness of such measures.

New Brunswick = Access at any reasonable hour. = Committee may participate in all investigations or inspections concerning health and safety.

Newfoundland = Access at any reasonable hour. = Minister may require establishment of committee at workplaces with 10 or more workers. Duties include identifying unsafe aspects of workplace.

Nova Scotia = Access at any reasonable hour. Employer shall give representative, committee member, or employee the opportunity to accompany the officer. = Committees participate in inspections and investigations of complaints.

Northwest Territories and Nunavut = Under the Safety Act, officers have the authority to access a work site at any reasonable time. = The Chief Safety Officer may direct a Joint Work Site Health and Safety Committee be established at any work site. Under the Mine Health and Safety Act, inspectors are authorized to access a work site at any time. Joint Occupational Safety and Health Committees are required where more than 15 people are employed.

Ontario = Unlimited access. = Specific work site inspections required at least once a month and cover entire workplace at least once per year. In absence of a committee, the safety representative carries out inspections.

Quebec = Unlimited access. = No mandatory inspection requirements.

Prince Edward Island = Unlimited access. Employer must designate a representative to accompany the officer, and afford a committee member the opportunity to accompany. = Committee participates in all inspections.

Saskatchewan = Access at any reasonable hour. = Committees participate in the identification of health risks and investigate any work refusals.

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