ILAB - Occupational Safety and Health Laws [Section 4]

Occupational Safety and Health Laws [Section 4]

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

All 14 jurisdictions in Canada (federal, 10 provinces, and three territories) have adopted laws in the area of safety and health.⁽¹⁵³⁾ In 1972, Saskatchewan enacted comprehensive occupational safety and health legislation.⁽¹⁵⁴⁾ This was the first mandate for joint safety and health committees, thus putting in place a mechanism for increased employee participation. Canadian laws rely in internal responsibility based on the principle that the parties share primary responsibility for maintaining a safe workplace and government should supplement their efforts. These laws aim to protect against job site hazards regardless of employment relationships. Compliance duties are usually imposed not just on employers, but also on workers and others whose conduct affects workplace safety: owners, suppliers, general contractors, architects, professional engineers, and supervisors.

Canadian safety and health legislation generally grants workers the right to know about hazards, the right to refuse dangerous work, and the right to participate in safety and health activities in the workplace as a member of a safety and health committee or as a safety and health representative. Government promotes private resolution of safety and health concerns through technical advice and support to employers and workers and, when internal resolution fails, through inspections and prosecutions. Laws define rights and duties of employers and employees.

In several provinces, two separate agencies address workplace safety and health: a labor ministry handling regulation and inspections; and a board handling workers' compensation for job injuries and diseases. In several provinces, one agency combines both functions.⁽¹⁵⁵⁾ These historic organizational differences lack significance. Workers' compensation assessments may be used to fund governmental safety and health activities,⁽¹⁵⁶⁾ supplementing the Labor Ministry's appropriated budget.

1. Coverage

Safety and health laws apply to all public and private employers.⁽¹⁵⁷⁾ Employers are required to protect everyone at the job site, regardless of employment status. Prison inmates, farmworkers, domestics, and owners or occupants working in private residences may be excluded from coverage in some provinces, but not others.

Compliance duties bind all persons performing services for compensation. Suppliers must furnish material and equipment safe for its intended use.⁽¹⁵⁸⁾ Site owners are responsible for plant areas or activities not directly controlled by any employer.⁽¹⁵⁹⁾ Contractors must ensure that activities not controlled by on-site employers are safe.⁽¹⁶⁰⁾ Supervisors must ensure that workers are aware of risks.⁽¹⁶¹⁾ Professionals, such as engineers or architects, may also have compliance duties.⁽¹⁶²⁾

COVERAGE Text Version

	United States	Canada*
Federal Employees	yes	yes
Local Government Employees	in state plan jurisdictions	yes
Self-employed	no	yes
Building/project Owners	no	yes
Supervisors	no	yes
Professionals (Architects, Etc.)	Only if contractually assumed responsibility for safety	yes
Equipment Suppliers	no	yes

*Ontario and Alberta statutes do not apply to farming operations or domestic work.

2. Federal and Provincial Functions

Provincial governments and territories exclusively regulate occupational safety and health within their jurisdictions.⁽¹⁶³⁾ Each province and territory establishes and operates its programs independently. Federal law governs private establishments under federal jurisdiction, federal employees, and employees of some 40 government corporations and agencies.⁽¹⁶⁴⁾ Provincial law governs all other employees. Though the federal government may work with provinces on harmonized approaches to common issues, it does not provide official guidance to, or promulgate rules binding on them. Provincially created legislation does not apply to establishments under federal jurisdiction.

Since 1988, an integrated Canadian approach to hazard communication, the Workplace Hazardous Materials Information System, has been implemented. Employers must label, educate and train workers. Suppliers must label hazardous products and provide material safety data sheets to all workers, according to uniform requirements.⁽¹⁶⁵⁾ A National Review Commission considers requests for trade secret exemptions from disclosure requirements. Its decisions bind all jurisdictions.⁽¹⁶⁶⁾

B. Standards Development

Though Canadian law imposes few procedural requirements for adoption of safety and health standards, in practice both federal and provincial governments do obtain extensive public input, taking into consideration recommendations of labor and employer associations. Many requirements regarding the control of hazardous substances are based on threshold limit values set by the American Conference of Government Industrial Hygienists (ACGIH), exposure limits set by OSHA, or recommendations made by NIOSH. Safety requirements may mirror recommendations of other private organizations.

At the federal level, the Review Committee on Technical Revisions to the Canada Occupational Safety and Health Regulations (Review Committee), convened by the Labour Program at Human Resources Development Canada (HRDC), identifies regulations needing revision. A tripartite working group (Working Group), with equal government, labor and management representation, is established to devise revisions. Both labor and management submit position statements. The Working Group then identifies areas of consensus. HRDC may fund research and provide technical advice to the Working Group. Other parties may offer advice, but only through labor or management representatives. Where no consensus is reached, the Review Committee may try to resolve disputed issues. If it cannot, HRDC decides.

Once a proposed rule is agreed upon, HRDC drafts a regulatory impact analysis, with input from labor and management.⁽¹⁶⁷⁾ The Working Group facilitator prepares a report and forwards consensus recommendations to the Review Committee. HRDC prepares a similar report for the Review Committee on non-consensus issues. The amended regulations are published for comment after Review Committee consideration. The Working Group considers comments and formulates amendments before sending them to the Review Committee. Upon a recommendation from the Minister of Labour, final regulations are published in the Canada Gazette.

Like the federal government, provinces strive to regulate by consensus.⁽¹⁶⁸⁾ In most provinces, consensus regulations are recommended by the Minister of Labour to the provincial cabinet. In British Columbia and Quebec, the workers' compensation board has independent authority to issue regulations.⁽¹⁶⁹⁾ Panels recommending regulations are usually composed of labor and management representatives in equal numbers.⁽¹⁷⁰⁾ Provincial staff select discussion participants and provide technical assistance, but do not dictate outcomes.⁽¹⁷¹⁾ Most provincial laws contain no regulatory criteria to guide standard setting. In Prince Edward Island, the law does not authorize regulation of toxins, but instead requires employers to secure hazard information from suppliers and furnish it to exposed employees.⁽¹⁷²⁾

Labor-management panels may seek comments from interested parties and may hold public hearings.⁽¹⁷³⁾ Final revisions to regulations must be published in the provincial Gazette before they can take effect.⁽¹⁷⁴⁾ Judicial review is not available.⁽¹⁷⁵⁾

The consensus approach has principally resulted in adoption of current ACGIH limits. There are few comprehensive health standards that include monitoring or other auxiliary requirements. On the other hand, the consensus approach has led to adoption of vibration, cold stress, workplace violence, back strain, and repetitive motion standards in British Columbia. Also in British Columbia, by consensus, some of the first regulations for the protection of farmworkers and fishers have been adopted. In Saskatchewan, consensus has led to workplace violence, repetitive motion, and harassment standards.⁽¹⁷⁶⁾

Some provinces authorize more comprehensive regulation of "designated" toxins. For such rules, notice of an intent to regulate must be published in the provincial Gazette.⁽¹⁷⁷⁾ Consensus is more difficult to reach on comprehensive rules and few are issued.

Provincial laws provide authority to regulate the manufacture and properties of products, but it is rarely exercised. Provincial law generally allows compliance waivers for employers who meet or exceed standards without literal compliance.⁽¹⁷⁸⁾

A tripartite working group launched in 1992 to help harmonize regulation across Canada was discontinued in 1996.

Many provinces guarantee overexposed workers the option of alternate work, with no loss of pay and benefits, when temporary removal from a hazard will aid return to work.⁽¹⁷⁹⁾ Alternate work, if requested, may be required for pregnant and lactating women.⁽¹⁸⁰⁾ Some provinces characterize such alternate assignments as disability protection. The government may shoulder some of the cost of maintaining wages. Absent employee consent, employee medical information is generally shielded from disclosure to the employer.⁽¹⁸¹⁾

C. Ensuring Compliance

Compliance policy relies mainly on employer-employee joint committees and safety and health representatives to identify and correct hazards.⁽¹⁸²⁾ Government facilitates voluntary compliance, and pursues formal enforcement when voluntary compliance fails. Government places limited reliance on first instance sanctions as a legal enforcement tool. Nevertheless, Canada devotes substantial resources to inspections with three to seven times more inspectors per covered worker than does the United States.⁽¹⁸³⁾

1. Employer Duties

Canadian jurisdictions impose on employers a general duty to protect against job site danger.⁽¹⁸⁴⁾ Of course, employers must also comply with specific orders, rules, and laws.⁽¹⁸⁵⁾ Where rules do not adequately protect workers, the general duty may require action beyond what specific standards require.

Canadian laws include detailed lists of employer duties. Employers must cooperate with government inspectors and with joint committees or representatives.⁽¹⁸⁶⁾ Materials and equipment must be furnished, maintained, and used according to manufacturer instructions. Workplace structures, such as floors, scaffolds, walls, and so on, must be capable of withstanding expected loads.⁽¹⁸⁷⁾ Employers must provide information to joint committees on likely risks and must report fatalities, injuries, and near misses to Workers' Compensation Boards and the government.⁽¹⁸⁸⁾ Employers must provide safety training to all workers and ensure their competent supervision.⁽¹⁸⁹⁾

Several jurisdictions impose additional duties. In Newfoundland and Saskatchewan, employers must conduct regular inspections and correct identified hazards. In Alberta, inspections for hazards are conducted when required by the Director.⁽¹⁹⁰⁾ Employers in Quebec, Newfoundland and Saskatchewan must also provide occupational health services.⁽¹⁹¹⁾

2. Employee Duties

Canadian laws impose enforceable duties on employees. Employees must comply with laws, rules, and orders; report hazards; wear safety gear; protect themselves and others; and cooperate with inspectors and joint committees or representatives. In Saskatchewan, employees must refrain from harassing others. Violations may be sanctioned.

Provincial law usually imposes additional duties on supervisors. They must ensure that workers use protective gear, advise workers of potential danger, provide written instructions on equipment use, and take reasonable precautions to protect employees. Supervisors may be prosecuted with employers or alone when employers were not informed of violations. In Ontario, prosecution of supervisors depends on the extent to which they carried out their duties and responsibilities.

3. Inspections

Canadian laws stress "internal responsibility" as the linchpin of occupational health and safety. Laws define workplace parties' rights and responsibilities. Laws rely on the workplace parties to identify and correct hazards.⁽¹⁹²⁾ In most jurisdictions, joint health and safety committees buttress the internal responsibility system and provide an important vehicle for worker participation in safety and health matters. Government's role is to facilitate and to intervene when internal resolution fails. While in-house resolution of issues is preferred, exhaustion of internal remedies is not required before government may intervene.⁽¹⁹³⁾

Inspectors consult, enforce health and safety standards, monitor compliance, and investigate fatalities, work refusals, and hazard complaints.⁽¹⁹⁴⁾ Decisions whether to inspect are discretionary, except for mandatory work refusal investigations.⁽¹⁹⁵⁾ Although not legislated, Ontario policies require the investigation of complaints and serious accidents. Because provincial governments administer both safety and health law and workers' compensation, they target inspections using employer-specific injury and illness information.⁽¹⁹⁶⁾

Inspectors may enter workplaces without warrants or prior notice.⁽¹⁹⁷⁾ They may take samples, seize documents or things, and consult with outside experts and employees.⁽¹⁹⁸⁾ Employee joint committee members and representatives may accompany inspectors and must be paid for their time.⁽¹⁹⁹⁾ Employer designees may also accompany the inspector.

Inspectors have discretion on how to handle violations. Where a violation causes death or serious injury, prosecution may be recommended. Otherwise, inspectors may issue appropriate orders.⁽²⁰⁰⁾ Orders may require abatement within a fixed time or cessation of work. Alternatively, inspectors may take no action.⁽²⁰¹⁾ Noncompliance with an order carries no penalty, but may lead to prosecution. Some but not all provinces require that orders be in writing.⁽²⁰²⁾ Although issuance of orders is generally discretionary, policy may limit discretion for specified hazards. Copies of orders must be provided to joint committees, and posted at the work site.⁽²⁰³⁾

Inspectors may order equipment shut down or employees removed from exposure to unabated hazards.⁽²⁰⁴⁾ In some jurisdictions, an inspector's shut down authority may be exercised even if no imminent danger exists.⁽²⁰⁵⁾ In some, inspectors may order abatements.⁽²⁰⁶⁾ In some, they may require compliance plans or removal of equipment from service until tested.⁽²⁰⁷⁾ Orders are issued without a hearing.

Inspection Procedures Text Version

	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. Employer must designate a representative to accompany the officer, and afford a committee member the opportunity to accompany.	Committees participate in the identification of health risks and investigate any work refusals.

Issuance or nonissuance of orders may be administratively appealed.⁽²⁰⁸⁾ Appeals do not stay orders from taking effect.⁽²⁰⁹⁾ Typically, the appeals lie first within the safety and health division, then to an appointed adjudicator.⁽²¹⁰⁾ Adjudicators, not bound by formal evidence rules, may consider any relevant material.⁽²¹¹⁾ Appellants have rights to be notified of hearings, appear with counsel, call witnesses, and receive responsive decisions.⁽²¹²⁾

Adjudications can typically be appealed to provincial courts, but only on issues of jurisdiction or legal error.⁽²¹³⁾ Judicial reversals are rare.⁽²¹⁴⁾

Penalties may lie against any parties, including employees, who violate the law or regulations,⁽²¹⁵⁾ but prosecutions of workers, as opposed to supervisors or managers, are rare. Federal prosecutions are also authorized, but rare.⁽²¹⁶⁾ Violations may be prosecuted as "strict liability" offenses, for which criminal proof of wrongful intent need not be established.⁽²¹⁷⁾ Like other criminal breaches, strict liability violations must be proved beyond a reasonable doubt.⁽²¹⁸⁾

Three defenses exist to strict liability offenses. The defense of due diligence applies when reasonable precautions were taken.⁽²¹⁹⁾ The defense of officially induced error applies where an inspector's advice was followed, but hazards persist.⁽²²⁰⁾ Finally, non-compliance may be excused during project transition, such as when scaffolding is dismantled. For requirements applicable only if practicable, the burden of proving impracticability falls on the accused.⁽²²¹⁾

Monetary penalties range from $2,000 in Saskatchewan⁽²²²⁾ for an individual's first offense to $500,000 for corporate violations in Ontario.⁽²²³⁾ Jail sentences may also be imposed.⁽²²⁴⁾ In Ontario, victim surcharges of 20 percent must be added to penalties above $1000.⁽²²⁵⁾ Nova Scotia authorizes nonfinancial penalties, like payment for public education about hazards, community service, and steps to ensure against repeat offenses.⁽²²⁶⁾

Quebec and Prince Edward Island assess administrative penalties against individual violators under authority derived from laws other than safety and health laws.⁽²²⁷⁾ Moreover, in British Columbia and Prince Edward Island, the Workers' Compensation Board may increase an employer's workers' compensation assessment to penalize safety and health violations.⁽²²⁸⁾ Such assessments are not fines and, in British Columbia, may be appealed.⁽²²⁹⁾

Provinces are also developing alternative compliance programs. British Columbia's Diamond Project offers firms with excellent records a choice between partnership with the government and conventional compliance approaches.⁽²³⁰⁾ Alberta's Partners in Prevention program establishes incentives to reduce workers' compensation costs.⁽²³¹⁾

Penalties/Enforcement Sanctions Text Version

	Shutdown Authority	Administrative Penalties	Criminal Penalties
United States	DOL must obtain a court order to halt operations in case of imminent danger.	Must be assessed for all serious, willful, or repeat violations. Fines of up to $7,000 for nonwillful violations and up to $70,000 for willful or repeat violations, minimum of $5,000 per willful violation.	Fines of up to $10,000 and/or 6 months imprisonment if violation of standard is willful and results in death of a worker or makes false statements in reports filed; up to $1,000 and 6 months imprisonment for giving advance notice of inspection.
Canada - Federal	Officer has the authority to shut down any place, thing, or machine considered to be a danger if that danger cannot otherwise be guarded or protected against immediately.	None.	1-For violation of an order by a safety and health officer: not more than $25,000. 2-For an employer's failure to post the names of the safety and health representatives or failure to post officer's notices: not more than $5,000. 3-For a violation of any section respecting hazardous materials: a-fine up to $100,000 and/or up to 6 months in prison. b-if convicted on indictment, a fine not more than $1,000,000 and/or up to 2 years imprisonment. 4-For a violation resulting in death or injury is liable to a fine not exceeding $100,000.
Alberta	Officer has the authority to shut down any place, tool, appliance, or equipment deemed to be a danger or health hazard.	None.	First offense: not more than $150,000 and not more than $10,000 for each day the offense continues or imprisonment for up to 6 months or both. Second offense: not more than $300,000 & not more than $20,000 for each day the offense continues or imprisonment for up to 12 months or both. Notwithstanding the previous fines, a person who fails to comply with a stop work order can be fined up to $300,000 or imprisoned for up to 12 months or both. A person who knowingly makes a false statement or knowingly gives false information to an officer engaged in an inspection investigation is subject to a fine of not more than $500 or imprisonment for 6 months or both.
British Columbia	Board or officer has the authority to shut down any employment or place of employment for 24 hours where conditions of immediate danger exist which are likely to result in serious injury, death or occupational disease. Board may extend order. *Bill 14 authorizes the board to issue "stop using" and "stop supplying" orders if a thing being used by a worker, or a thing being supplied by a supplier are not in safe operating condition or do not comply with the Act and regulations. "Stop using" and "stop supplying" orders are in effect until the Board cancels the order. Bill 14 also authorizes the Board to issue "stop work" orders if an immediate danger exists that would likely result in serious injury, serious illness or death. "Stop work" orders expire after 72 hours, but the Board may extend.	Board may levy assessments in a n amount determined by the Board for each violation, depending on the type of violation and size of payroll. Repeat/multiple violations can lead to penalties in excess of $30,000. There is no maximum. An additional assessment of up tp $37, 490.84 may be levied against an employer when a worker suffers injury, death or disablement from occupational disease. * Bill 14 replaces these penalties with a maximum administrative penalty of $500, 000.	Fines of up to $37, 490 for violations of health and safety regulations, up to $18, 745. 52 and/or 3 months imprisonment for withholding information from an officer or obstructing or interfering with an officer in the investigation of an accident. (Fines are adjusted periodically by regulation.) Fines of up to $187, 454.37 and/or 6 months imprisonment for violating an inspector's closure order. (Fines are adjusted by regulation.) * Bill 14 increases court imposed penalties to a maximum of $500,00 and/or 6 months imprisonment for a first offense and a maximum of $1,000,000 and/or 12 months imprisonment for subsequent offenses.
Manitoba	Officer has the authority to shut down any place or activities likely to involve an imminent risk of serious physical or health injury.	None.	For failure to carry out required duties, violation of regulations or stop work and improvement orders, making false statements or discriminating against workers: for 1st offense, not more than $150,000 and not exceeding an additional $25,000 for each day offense continues; for 2nd offense, not more than $300,000 and not exceeding an additional $50,000 for each day offense continues. Additional penalties: In addition to the preceding fines 1-where a person is convicted for an offense under the Act, he may be imprisoned for not more than 6 months 2-A person convicted of permitting a worker to perform an unusually dangerous task may not work in a supervisory capacity for 6 months For a violation of any other provision of the Act: fine not exceeding $25,000.
New Brunswick	Officer has the authority to shut down any place, tool, equipment, machine, or device deemed to be unsafe or unhealthy.	None.	None listed in statute.
Newfoundland	Assistant Deputy Minister or officer has authority to shut down any place, tool, appliance or equipment posing an immediate risk to health and safety.	None.	Fines not exceeding $50,000 and/or imprisonment for up to 6 months and up to $5,000 a day for each day the violation continues.
Nova Scotia	Officer has authority to shut down any place, device, equipment, machine, material, or thing deemed to be a source of danger or health hazard.	None.	Fines up to $250,000 and/or 2 years in prison or both. The court may impose an additional $25,000 for each day the offense continues. Additionally, the court can impose non-financial penalties, such as community service and developing procedures for prevention of violations.
Northwest Territories and Nunavut	Under the Safety Act, officer may shut down any place, matter, or thing which constitutes a source of imminent danger. Under the Mine Health and Safety Act, a mine inspector may issue an order to require immediate remedial action, including the stoppage of work.	None.	Individuals may be fined a maximum of $50,000 or six months imprisonment or both. Employers or those acting on behalf of employers face fines of $500,000 or one year imprisonment or both. For individuals, same as those under the Safety Act. Employers may be fined a maximum of $500,000.
Ontario	Inspector has the authority to shut down any place, equipment, machine, device, article, thing, or process deemed to be a danger or health hazard.	Construction: Maximum fine of $500 for employers and employees. None in manufacturing or mining.	Maximum penalty for an individual is $25,000 and/or up to 1 year's imprisonment. Maximum penalty for a corporation is $500,000.
Quebec	Inspector has the authority to shut down any place, equipment, machine, device, article, thing, or process deemed to be a danger or health hazard.	Fine of $500-$1000 for worker or employer and $5,000-$20,000 for a company. Repeat offenses increase fines to $1,000-$2,000 for an individual and $10,000-$50,000 for a company.	No criminal penalties provided by law.
Prince Edward Island	Officer has the authority to shut down any place, equipment, machine, device, article, or thing deemed to be a danger or health hazard.	Information not available.	Fines of not more than $50,000 or 1 month imprisonment or both. Additionally, the court may impose a fine of $5,000 for each day the offense continues.
Saskatchewan	Officer has the authority to require cessation of any work violating the Act or regulations if the work involves a serious risk to health or safety.	None.	1-For intentionally obstructing an occupational safety and health officer, intentionally making a false entry in any register or document, or failure to comply with an order if liable for a fine not exceeding $2,000. 2-Failure to comply with an order of a Director or Adjudicator, shall be fined up to $5,000 and $5,000 for each day the offense continues. 3-For failing to comply with any requirement or notice, taking discriminatory actions against an employee or contravening any other provisions of the Act: a-for 1st offense, up to $10,000 and $1,000 for each day the offense continues; b-for 2nd offense, up to $20,000 and $2,000 for each day offense continues. 4-If offense is likely to cause serious injury or death: a-1st offense, up to $50,000 and $5,000 a day. b-2nd offense, up to $100,000 and $10,000 a day. 5-For any offense causing death or serious injury up to $300,000 and possible imprisonment up to 2 years.

4. Joint Committees

A signal feature of Canada's workplace health and safety policy is the joint committee.⁽²³²⁾ Composed of employer and employee representatives, joint committees are charged with promoting health and safety in the workplace. Some provinces mandate committees for all workplaces meeting designated criteria. Others mandate committee formation in designated workplaces.

There are broad similarities from province to province in the structure, operation, and responsibilities of joint committees. Typically, at least half the members must be employee representatives. Committee size varies from province to province and with size of enterprise. Employee representatives must be selected by a union if there is one. If not, they are elected from and by the work force. They must meet on a regular basis and keep minutes.

Details of committee rights, duties, functions and powers vary from province to province. Several provinces itemize committee rights and functions. Others promulgate only general requirements.

For workplaces not required to have joint committees, several provinces mandate that health and safety representatives be selected by workers or appointed by unions. Functions, rights, powers and duties for representatives are comparable to those of committees, though they may be specified separately. In some provinces, committee members may be authorized to function independently as representatives, aside from their rights as committee members.

Listed below are functions and powers of committees or their members authorized by at least one jurisdiction's law:

identify hazards;

secure hazard information from the employer;

receive hazard data from the government;

secure information on fatalities, illnesses, and injuries;

consult with employers on dangerous substance programs and assessments;

obtain copies of dangerous substance programs and assessments;

notify inspectors of disputes over dangerous substances;

obtain air monitoring results for dangerous substances;

observe, assist in, or conduct tests of conditions or materials;

recommend health and safety improvements;

obtain responses from employers on recommendations;

schedule inspections;

perform inspections;

accompany inspectors;

submit health and safety complaints to authorities;

obtain employee personal medical information on a confidential basis;

choose workplace physicians;

run education programs;

solicit expert advice;

audit compliance;

advise on protective gear;

receive, consider, and resolve health and safety matters;

intervene when employees refuse dangerous work; and,

help employees in implementing rights and receiving accident notices.

Though committees investigate and advise with limited decision making powers, they may promote health and safety in several key ways: by encouraging employee-management cooperation, by giving employees a voice and forum for registering their knowledge and concerns, and by promoting union attention to and possible collective bargaining on health and safety issues. ⁽²³³⁾

Many provinces require that employee members be paid for time spent on committee work.⁽²³⁴⁾ Electoral and appointment procedures, terms of office, rules of protocol, subcommittee structures, degree of control over members by employers, employees, and unions, and the means of resolving contentious issues are usually not legally specified. They may be addressed by regulation, but are otherwise resolved by particular workplaces and committees or by collective bargaining. In addition, several provinces mandate employer cooperation with committee work and forbid discrimination against employees executing health and safety duties.

Summary of Joint Committee Requirements in Canada
(From British Columbia Web Site) Text Version

	Mandatory JHSCs	Number of employees for JHSCs to be required	Number of JHSC members required	Duty to perform workplace inspections	Required frequency of meetings	Duty to perform accident investigations	Duty to ensure training
Canada Federal	Yes	20	2 (Min.)	Yes	Once a month	Yes	No
Alberta	No (not mandatory in all workplaces)	N/A	3-12	Yes	Once a month	No	No
British Columbia*	Yes	20-50 *Bill 14 changes to 20 or more.	4 (Min.)	Yes	Once a month	Yes	No
Manitoba	Yes	20 (except construction)	4-12	Yes	Every 3 months (or monthly if required by Director)	No	Yes (Employers, except those at construction sites, must allow committee members to take a maximum of 16 hrs/yr educational leave)
New Brunswick	Yes	20	N/A	No (Committee may undertake these activities)	Once a month (except for low hazard sites)	No (JHSC may undertake these activities)	Yes (Employer must grant leave)
Newfoundland	No (May be required by Minister)	10	2-12	Yes	Once every 3 months	Not by statute, but sometimes through regulations (But JHSC must have access to results)	No
Nova Scotia	Yes	20	N/A	Yes	No time line	Yes	Yes
Northwest Territories and Nunavut (Safety Act)	No	N/A	N/A	No	Once every 3 months	No	No
Northwest Territories and Nunavut (Mine Health & Safety Act)	Yes	15	4-12 (depending on size of workplace)	Yes	Once a month	Yes	Yes
Ontario	Yes	20 or if designated substance present or where ordered under Section 33	2 or 4 (Min.) depending on size of workplace	Yes	Once every 3 months	Yes, if worker is killed or critically injured	Yes (At least one employer and one worker must be certified)
Prince Edward Island	No	N/A	N/A	No (Participation in inspections)	N/A	No	No
Quebec	Yes, if establishment is an industry categorized as requiring committees	20 or less	(3-22)	The committee receives and studies the reports of inspections made in the establishment	Once every three months or depending on the number of workers	Yes	Committee must establish programs
Saskatchewan	Yes	10	2-12	Yes	Every 3 months	Yes	No

5. Right to Refuse Dangerous Work

Canadian law provides strong protection for the right to refuse dangerous work. Employees who properly exercise this right are protected from employer discharge, discipline, or discrimination.

Generally, an employee who reasonably views an assignment as dangerous may refuse work. In most jurisdictions the right to refuse may be exercised when an unusual danger is present, even if no imminent risk exists.⁽²³⁵⁾ Employee exercise of the right may not endanger other workers.⁽²³⁶⁾ In some provinces employees may refuse work that endangers others. In general, reasonable grounds for refusing work must exist. The "reasonable grounds" standard suggests that some objective danger is needed. Unionized workers exercise the right more than non-union workers.

A work refusal is followed by inquiry into the seriousness of the asserted danger.⁽²³⁷⁾ The objective is abatement of serious dangers so work may resume. The employer or a supervisor has initial responsibility to decide whether a hazard requires abatement.⁽²³⁸⁾ No employer judgement is final if it orders back to work an employee with unalleviated apprehensions. If the employer takes no action, the joint committee or the representative investigates. However, a joint committee or member, a representative, or an inspector may judge the situation safe and advise resumption of work. Once the committee or inspector authorizes work resumption, continued work refusal may subject an employee to discharge and other discipline.⁽²³⁹⁾ Government inspectors normally have final authority. Judicial review of discharge or discipline for continued work refusal is permitted. Because an employee's work refusal is protected, wages and benefits must be maintained until the matter is resolved.⁽²⁴⁰⁾

Usually, employees may not be assigned work refused by others as dangerous unless they are notified of the refusal, the reasons for it, and their own right of refusal.⁽²⁴¹⁾ In other provinces, whether another employee may be assigned refused work depends on whether a danger exists or not.⁽²⁴²⁾ If there is real, unabated danger, the work cannot be performed, even with employee notice and employee choice.

Grievance procedures usually are available for employees who complain of discipline for reporting safety violations, refusing dangerous work, or exercising other health and safety rights.⁽²⁴³⁾ Employees must exhaust remedies in a collective bargaining agreement. Otherwise, labor tribunals decide whether illegal discipline has been levied.⁽²⁴⁴⁾ A rebuttable presumption of illegal discipline exists when adverse action follows an employee's exercise of protected rights.⁽²⁴⁵⁾ If illegal discipline is found, the employer may be ordered to reinstate the employee, cancel or stay any penalties or reprisals and records of them, and pay wages or benefits withheld.⁽²⁴⁶⁾

Right to Refuse Work Text Version

	Scope of Right	Effect on Pay	Investigation of Claim	Presumption if Retaliation Occurs
United States	Right to refuse when faced with imminent danger that cannot be corrected through inspection.	No right to be paid while refusing to work.	Investigated by OSHA.	OSHA must bring claim and bears burden of proof.
Canada - Federal	Right to refuse work reasonably believed to be dangerous unless such danger is a normal part of job or refusal would endanger the life, health, or safety of another.	Protection against financial or other penalties.	Immediate investigation by employer in presence of employee and at least one member of the safety and health committee, if any exists. If matter is not resolved to employee's satisfaction, the employee shall notify a safety officer.	Burden on employer to prove action not discriminatory.
Alberta	Duty to refuse work when an imminent danger exists, unless such a danger is a normal part of job.	Must be paid until hazard is abated.	Employer must investigate and eliminate the hazard; if employee feels danger still exists, may complain to an officer.	A worker who has reasonable cause to believe that s/he has been dismissed or subject to disciplinary action may file a complaint with an officer.
British Columbia	Right to refuse if worker has reasonable cause to believe that carrying out work order would create an undue hazard to the health and safety of any person.	No specific provision, except that Regulation 3.25 states that a worker must not be subject to disciplinary action for acting in compliance with regulations. * Division 6 of Bill 14 states that a worker must not be discriminated against for exercising any right or carrying out any duty under the Act or regulations. Discriminatory action includes reduction of wages.	Immediate investigation by employer in presence of worker and member of the committee. If not resolved, supervisor or employer and worker must immediately notify an officer.	Under Bill 14, burden of proof on employer to prove actions not discriminatory.
Manitoba	Right to refuse work reasonably believed to endanger health and safety.	Statute silent.	Immediate investigation by employer in presence of worker and member of the committee. If not resolved, officer must be immediately notified.	Burden of proof on employer to prove actions not discriminatory.
New Brunswick	Right to refuse work reasonably believed to be dangerous to health and safety.	Must be paid until hazard is abated or matter is resolved.	Immediate investigation by supervisor. If the matter is not resolved to employee's satisfaction, the matter is referred to a committee or officer.	If employee feels discriminatory action has been taken, employee may have the matter dealt with by arbitration or file a complaint with commission.
Newfoundland	Right to refuse work reasonably believed to endanger health or safety.	Must be paid until hazard is abated or matter is resolved.	Immediate investigation by supervisor. If the matter is not resolved, it is referred to the committee or worker and officer. If still unresolved, the officer will be assigned to investigate.	Burden on employer to prove actions not discriminatory.
Nova Scotia	Right to refuse work reasonably believed to be dangerous to health and safety, unless such danger is a normal part of job or refusal endangers life of another.	Must be paid until hazard is abated or matter is resolved.	Immediate investigation by supervisor. If the matter is not resolved to employee's satisfaction, report to committee or representative.	Burden on employer to prove actions not discriminatory.
Northwest Territories and Nunavut (Safety Act)	Right to refuse any work when it is reasonably believed that an unusual danger exists.	Must be paid pending investigation and decision.	Investigation by supervisor, accompanied by worker and a representative or the workers' union or another worker selected by the employee refusing work.	If unresolved by the supervisor, investigation by the Committee or designate of the Chief Safety Officer.
Northwest Territories and Nunavut (Mine Safety Act)	May refuse to perform work or operate any machine, equipment, or tool that would endanger the life, health, or safety of any person.	The statute is silent on effects on pay.	Investigated by supervisor, and if unresolved, by supervisor or other management representative in presence of the employee and a worker representative of the OHSC or another worker selected by the employee refusing work.	The Chief Inspector of Mines investigates, and has broad remedial powers.
Ontario	Right to refuse work where there is reason to believe it is dangerous unless such danger is a normal part of job or refusal would endanger the life, health or safety of another.	Must be paid while investigation is ongoing.	Stage I: Circumstances of refusal to be investigated by supervisor or employer in presence of worker health and safety representative. Stage II: Inspector investigates refusal in the presence of the employer or her representative, the worker and a committee member.	Burden of proof on employer.
Quebec	Right to refuse work believed to be dangerous, unless such danger is a normal part of job or refusal would endanger the life, health or safety of another.	Must be paid until hazard is abated.	Worker must advise immediate supervisor, employer or agent of employer, who then contacts the safety representative; intervention of inspector may be required if refusal continues, upon request of employer.	No employer may dismiss, suspend or transfer a worker who has exercised the right to refuse. However, employer may, within 10 days following an inspector's final decision, dismiss a worker who has abused this right.
Prince Edward Island	Right to refuse work reasonably believed to endanger health and safety.	Must be paid until hazard is abated or matter is resolved. However, if it is determined that the refusal was frivolous, the employee shall not be entitled to wages and benefits.	Immediate investigation by supervisor. If the matter is not resolved to the satisfaction of the employee, s/he may report the matter to an officer.	Employer who feels discriminatory action has been taken, may have the matter dealt with by arbitration or file a complaint with the Board.
Saskatchewan	Right to refuse work believed to be unusually dangerous to health and safety.	Statute silent.	Immediate investigation by committee. If no committee or worker not satisfied, the worker may request an investigation by an officer.	Burden on employer to prove actions not discriminatory.

D. Information Systems

Because the authorities administer both safety and health laws and workers' compensation programs, comprehensive information is available to inspectors.⁽²⁴⁷⁾ They have access to accident and injury reports and to investigation reports filed by employers.⁽²⁴⁸⁾ In most jurisdictions, inspectors receive employer reports of injuries and potentially injurious incidents, such as near misses, explosions, fires, and chemical releases.⁽²⁴⁹⁾ Inquests are often held to investigate reported fatalities. Other notification requirements may exist. Joint committees and representatives also have access to information available to inspectors.

Several jurisdictions require inspectors to receive advance notice from owners, contractors, and employers of hazardous activities, such as construction, trench excavation, tunneling, and asbestos projects.⁽²⁵⁰⁾

E. Training

Employers are typically required to train employees on health and safety.⁽²⁵¹⁾ Training obligations generally apply when an employee begins work and when job duties change. Employers may also be required to ensure competent supervision. This implies that supervisors must also be trained.⁽²⁵²⁾ Many provinces fund such training.

Special training may also be required for joint committee members. Saskatchewan requires that committee members receive five days training.⁽²⁵³⁾ Manitoba requires two.⁽²⁵⁴⁾ New legislation in British Columbia will require one day of training,⁽²⁵⁵⁾ and Ontario requires that one management and one labor committee member be certified as trained.⁽²⁵⁶⁾

F. Workers' Compensation

Each Canadian province has enacted workers' compensation laws, which in some key respects are similar to the U.S. version. In both, medical care and wage replacement benefits go to injured or ill workers and survivor's benefits go to dependents in fatality cases. Coverage is no-fault. Claimants need not prove employer negligence, but only injury or illness arising within the scope of employment.⁽²⁵⁷⁾ Where it applies, workers' compensation is exclusive, meaning that covered employers are immunized from tort liability for workplace injuries.⁽²⁵⁸⁾ Unlike tort suits, workers' compensation typically provides no damages for non-economic losses, such as pain and suffering or emotional distress. Ontario is an exception. It provides standardized non-economic compensation in cases of permanent impairment.⁽²⁵⁹⁾

In other respects, Canadian workers' compensation differs markedly from the U.S. version. The central institutions in each province are a fund ("Fund") from which payments are drawn and a Board (or commission) for administering it.⁽²⁶⁰⁾ Quebec and Ontario permit some larger employers to self-insure.⁽²⁶¹⁾ The Fund is financed by periodic assessments upon covered employers at amounts established by the Board to support Fund obligations.⁽²⁶²⁾ Private insurers play no role. Typically, the Board is empowered to invest Fund monies and to borrow to generate additional assets.⁽²⁶³⁾ Often, Fund monies support provincial safety and health activities.

The Board establishes compensation eligibility and benefit levels.⁽²⁶⁴⁾ Usually, a specialized tribunal has authority to review Board decisions.⁽²⁶⁵⁾ Appeals to the court system are restricted.⁽²⁶⁶⁾

Employers are grouped into industries and categories, based mainly on injury levels and business activities, for computing assessments. Assessments are multiplied by payroll to determine a particular employer's workers' compensation premium.⁽²⁶⁷⁾

Premiums may further vary for employers with especially poor or excellent safety records.⁽²⁶⁸⁾ Varying a firm's assessment according to its safety performance creates a link between workers' compensation cost and safety and health performance. At least one province tightens that link by specifying compliance with health and safety regulations as an explicit criterion for individualized assessments.⁽²⁶⁹⁾

Most provinces cover work-related injuries even when they stem from willful misconduct by the employer or a co-employee. To minimize rewards for bad behavior, most provinces provide no coverage where a worker's serious fault causes self-inflicted minor injury.⁽²⁷⁰⁾ Workers' compensation nevertheless applies in cases of death or serious impairment.⁽²⁷¹⁾

Most provinces exclude certain employers and/or employees from workers' compensation.⁽²⁷²⁾ The particular exclusions vary from province to province and there are no stated criteria. Common categories of employee exclusions are casual workers, farmworkers, domestics, and municipal employees.⁽²⁷³⁾ Excluded employers are not subject to Fund assessments. Injuries to excluded employees or at excluded enterprises are not compensated from the Fund.

All employers who contribute to the Fund are immunized from tort liability to covered employees for job injuries or illnesses. Most provinces, however, allow tort suits against parties other than the claimant's employer.⁽²⁷⁴⁾ Such third-party suits lie, for example, against makers of defective products causing injury. In several provinces at least, claimants who receive tort damages below what workers' compensation would have provided are entitled to recover the shortfall from workers' compensation.⁽²⁷⁵⁾

The Fund may recover through third-party suit any workers' compensation payments made. It may also sue third parties in place of the claimant, transferring to the claimant damages above what it keeps to recover its expenses and workers' compensation benefits paid.⁽²⁷⁶⁾

In most provinces, tort claimants recover only those damages attributable to third party defendants, not those damages attributable to their own employer. For deterrence and equity, the Fund may attribute injuries wholly or partly to the third party and assess Fund charges accordingly.⁽²⁷⁷⁾ Precluding recovering of damages attributable to employers protects tort immunity under workers' compensation, and prevents cost-shifting to other parties (except implicitly the claimant).

Several provinces authorize workplace tort suits against employers excluded from workers' compensation.⁽²⁷⁸⁾ Defenses of assumption of risk and the fellow servant rule generally do not apply.⁽²⁷⁹⁾ Contributory negligence also does not apply to defeat liability, but may be considered to reduce damages.⁽²⁸⁰⁾

Full medical and rehabilitation expenses lie for all job-related injuries and job-caused diseases.⁽²⁸¹⁾ Compensation also goes to surviving dependents for job-caused fatalities. Dependent survivor benefits vary from province to province and within any given province they are gauged to different circumstances and relationships with the deceased.⁽²⁸²⁾

All provinces indemnify income loss.⁽²⁸³⁾ Indemnity equals a fixed percentage of lost income or lost earning capacity.⁽²⁸⁴⁾ The percentage varies among provinces and changes over time. In some provinces, minimum and/or maximum income loss indemnities are specified.⁽²⁸⁵⁾ No time limit exists for receipt of lost income benefits. At age 65, however, benefits are replaced by indemnity for pension benefits lost due to the disability.⁽²⁸⁶⁾

In several provinces, injured employees have reinstatement rights, where employers must offer suitable jobs to injured workers with at least one year of continuous, pre-injury employment.⁽²⁸⁷⁾ Prince Edward Island also protects claimants from discharge during the board's claim evaluation period,⁽²⁸⁸⁾ but limits the re-employment obligation to one year.⁽²⁸⁹⁾ In New Brunswick and Quebec, the employer must reinstate the worker without loss of seniority or benefits.⁽²⁹⁰⁾

END NOTES

¹⁵³ In British Columbia, issues covered by statue in other jurisdictions have been historically address by regulations. As a result, rights and duties detailed in law in other provinces may be guaranteed by regulation in British Columbia. See, e.g., A Comparison of Occupational Health & Safety Statutes: A Briefing Paper 2 [hereinafter Briefing Paper] The British Columbia Workers� Compensation (Occupational Health and Safety) Amendment Act [hereinafter Bill 14] to provide comprehensive, statutory authority to regulate safety and health has received Royal assent and will become effective October 1, 1999. This report cites Bill14 where it supersedes current health and safety regulations. However, the Occupational Safety and Health Regulations will continue to govern work refusals.

¹⁵⁴ Of course, the federal government and all provinces had legislation addressing specific occupational safety and health issues or hazards in industries within their jurisdiction, such as mining, prior to 1972.

¹⁵⁵ These provinces are Quebec, New Brunswick, British Columbia, and the Yukon, Nunavut and North West Territories. In Quebec, the Commission de la Sant� et de la securit� du travail (CSST) inspects work premises and provides compensation for employees who suffer a work related injury. See An Act Respecting Occupational Health & Safety, R.S.Q., c. S-2.1, ch. IX, div. II [hereinafter Quebec Safety Act]. See also Occupational Health & Safety Act, R.S.N.B, c. O-0.2, (1994) [hereinafter New Brunswick Safety Act]. In British Columbia one statute governs both workers� compensation and occupational safety and health. But see note 154 (discussing Bill 14).

¹⁵⁶ GENERAL ACCOUNTING OFFICE, B-250248, GAO/HRD-94-15FS, 13 (Dec. 6, 1993).

¹⁵⁷ The compliance duties of self-employed persons may be separately described. See, e.g., Quebec Safety Act, ch. II, art. 7; The Occupational Safety and Health Act, 1993, S.S., c. O-1.1, pt. II, � 5 [hereinafter Saskatchewan Safety Act]; Occupational Health and Safety Act, S.Y.T., c. 123, �10 [hereinafter Yukon Safety Act] (providing that self-employed persons are subject to the provisions of the Acts).

¹⁵⁸ See, e.g., Saskatchewan Safety Act, pt. II, � 8.

¹⁵⁹ See, e.g., Saskatchewan Safety Act, pt. II, � 7.

¹⁶⁰ See, e.g., Saskatchewan Safety Act, pt. II, � 6.

¹⁶¹ See, e.g., Occupational Health & Safety Act, R.S.N.S., ch. 7, � 23 [hereinafter Nova Scotia Safety Act](stating that duty requirements of the Act are imposed primarily on the person with the greatest degree of control over matters that are subject of duty); Saskatchewan Safety Act, pt. I, � 5 (stating that duty requirements of the Act are imposed primarily on party with greatest degree of control but other parties not absolved of all responsibility); Yukon Safety Act �7 (listing supervisor�s duties).

¹⁶² See, e.g., Nova Scotia Safety Act � 21.

¹⁶³ GENERAL ACCOUNTING OFFICE, B-250248, GAO/HRD-94-15FS at 12 (Dec. 6, 1993).

¹⁶⁴ See An Overview to the Canada Labour Code, 1 (Human Resources Development Canada). National industries include rail, highway transport, telecommunications, pipelines, canals, ferries, tunnels and bridges, shipping, airports, banks, grain elevators and certain feed mills, and products, such as atomic energy, explosives and pesticides. Id.

¹⁶⁵ MICHAEL GROSSMAN, THE LAW OF OCCUPATIONAL HEALTH AND SAFETY IN ONTARIO, � 11.6 (2d ed. 1994)

¹⁶⁶ Id.

¹⁶⁷ See generally Attachment #5 - Guiding Principles of the Federal Regulatory Policy. The Federal government has developed a statement of principles requiring that regulations be accompanied by an analysis of their social and economic impacts and promising that the government will ensure that benefits exceed cost before proceeding with new regulatory proposals. Id.

¹⁶⁸ Several procedural mechanisms exist for developing legislation, ranging from the use of a Royal Commission or advisory councils to the use of fatality inquests to provide input into regulatory areas needing change.

¹⁶⁹ KATHLEEN M. REST & NICHOLAS A. ASHFORD, OCCUPATIONAL HEALTH AND SAFETY IN BRITISH COLUMBIA: AN ADMINISTRATIVE INVENTORY OF THE PREVENTION ACTIVITIES OF THE WORKERS� COMPENSATION BOARD, 25-26, 28 (Ashford Assocs. ed. 1997) [hereinafter Rest & Ashford]. Bill 14 separates regulation making authority between the Lieutenant Governor in Council and the Workers� Compensation Board. The Lieutenant Governor in Council has authority for the broader, more strategic regulations while the Board retains authority for the technical and operational regulators. See � 224.

¹⁷⁰ In some provinces, such as British Columbia, panels to recommend regulations may also include public representatives. See REST & ASHFORD, supra note 169, at 15, 28 (discussing structure of British Columbia�s Panel of Administrators).

¹⁷¹ In some instances, bipartite decision making is mandated by law; in others reliance on bipartite decision making is the preferred approach of the government. See, e.g., REST & ASHFORD, supra note 169, at 65 (noting that British Columbia Board of Governors described that province�s previous Regulation Review process as bipartite model).

¹⁷² Occupational Safety & Health Act, R.S.P.E.I., ch. O-1, pt. IV, � 24 (1996) [hereinafter Prince Edward Island Safety Act].

¹⁷³ In Ontario, separate procedures govern the �designated substance� regulations. See Occupational Safety and Health Act, R.S.O., ch.0.1., � 35 (1994). These regulations, like comprehensive health standards, must be published for comment in draft form. Id. � 35(a)-(b). In British Columbia, the Workers� Compensation Board must give public notice of revisions to regulation and hold a public hearing before finalizing the revisions. REST & ASHFORD, supra note 169, at 69.

¹⁷⁴ See Ontario Safety Act � 35(a)-(b)(stating that regulations governing designated substances must be published in the Gazette); Quebec Safety Act, ch. XII, art. 224-226; Workplace Safety & Health Act, C.C.S.M. ch. W210, � 19(2)[hereinafter Manitoba Safety Act]. See also Saskatchewan Safety Act, pt. VII, � 44(4) (providing that regulations are not enforced until at least sixty days after appearing in Saskatchewan Gazette); REST & ASHFORD, supra note 169, at 67, 71 (referring to publishing of regulation revisions prior to finalizing).

¹⁷⁵ GENERAL ACCOUNTING OFFICE, B-250248, GAO/HRD-94-15FS, at 22 (Dec. 6, 1993)

¹⁷⁶ See The Occupational Health and Safety Regulations, 1996, pt. II, � 36-37, pt. VI, � 81 [hereinafter Saskatchewan Safety Regulations].

¹⁷⁷ GROSSMAN, supra note 165.

¹⁷⁸ See Saskatchewan Safety Act, pt. VII, � 46 (providing that the director may exempt any person from regulations if satisfied that standards of health and safety will not be materially affected); Manitoba Safety Act, � 21 (stating that, upon application, the director may choose to vary any provision or standard).

¹⁷⁹ See Manitoba Safety Act � 52(stating that the director may order temporary removal upon the advice of the chief occupational medical officer). See Prince Edward Island Safety Act, pt. III, � 21(3); An Act Respecting Occupational Health & Safety in the Province, Nfld. R.S. ch. O-3, � 45(2)-(3) [hereinafter Newfoundland Safety Act]; Saskatchewan Safety Act, pt. V, � 36. In British Columbia, protective reassignment is not guaranteed, but if it is provided, employee wages and benefits must be maintained. In Quebec, workers overexposed to toxins have a right to reassignment. See Quebec Safety Act, ch. III, div. I, art. 32-39.

¹⁸⁰ See Quebec Safety Act, div. I, �4, art. 40-48 (1994).

¹⁸¹ See Ontario Safety Act � 63(2); Quebec Safety Act, ch VIII, div. IV, art. 129; Saskatchewan Safety Act, pt. X, � 65; Manitoba Safety Act � 51(3). In Prince Edward Island, an employer is barred from altering an employee�s status on the basis of a medical exam. Prince Edward Island Safety Act, pt. 5, � 25(2).

¹⁸² In Ontario, the responsibility for establishing and maintaining a healthy and safe workplace rests primarily with the workplace parties who have direct responsibility and control over the condition and practices in the workplace. Joint health and safety committees back up this internal responsibility system and are an important vehicle for worker participation in workplace safety and health. Through workplace inspections, JHSC�s play a role in the identification and correction of workplace hazards but the primary responsibility rests with workplace parties (i.e. employers, supervisors and workers). For example, in Saskatchewan, joint committees are required in all workplaces with 10 or more workers. By contrast, such committees play essentially no role in ensuring compliance in Alberta; employers have that duty.