Legislative Assembly of New Brunswick
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An Act to Amend the Occupational Health and Safety Act

Legislature :
54
Session :
4
Bill No. :
2
Member :
Hon. McFarlane
First Reading :
2001-11-21
Second Reading :
2001-11-23
Committee of the Whole :
2001-11-30
Amended :
Third Reading :
2001-12-4
Royal Assent :
2001-12-21

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended

       (a) by adding the following definition in alphabetical order:

"contracting employer" means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the
definition "employer";

       (b) by repealing the definition "employee" and substituting the following:

"employee" means

       (a) a person employed at or in a place of employment, or

       (b) a person at or in a place of employment for any purpose in connection therewith;

       (c) in paragraph (b) of the definition "employer" by striking out "at a place of employment";

       (d) in the definition "place of employment" by striking out "and includes a project site and a mine" and substituting "and includes a project site, a mine, a ferry, a train
       and any vehicle used or likely to be used by an employee";

       (e) in the French version in the definition "travaux de construction" by striking out the period at the end of the definition and substituting a semicolon;

       (f) in the French version in the definition "Tribunal d'appel" by striking out the semicolon at the end of the definition and substituting a period.

2 Section 8 of the Act is amended

       (a) by renumbering the section as subsection 8(1);

       (b) by adding after subsection (1) the following:

8(2) An employer who files a safety policy under subsection (1) shall keep a copy of the policy at the place of employment and make it available to an officer on request.

3 Subsection 9(2) of the Act is amended

       (a) in paragraph (a) by striking out "at the place of employment";

       (b) in paragraph (b) by striking out "to be found at the place of employment".

4 The Act is amended by adding after section 10 the following:

10.1(1) In this section

"employer" means an employer as defined in paragraph (a) of the definition "employer".

10.1(2) A contracting employer who directs the activities of one or more employers involved in work at a place of employment shall ensure, as far as is reasonably practicable to
so do, that each employer complies with this Act and the regulations in respect of that place of employment.

10.1(3) Every contracting employer shall comply with this Act, the regulations and any order made in accordance with this Act or the regulations.

5 Paragraph 11(b) of the Act is amended by adding "or using" after "having access to".

6 Section 12 of the Act is amended

       (a) in paragraph (b) by striking out "at or near" and substituting "at, in or near";

       (b) in paragraph (c) by striking out "at the place of employment";

       (c) in paragraph (e) by striking out "at his place of employment" wherever it appears.

7 Section 14 of the Act is amended

       (a) in subsection (4) by striking out "the Commission" and substituting "the Chief Compliance Officer";

       (b) in subsection (8) by striking out "provided by the Commission" and substituting "approved by the Commission".

8 Section 19 of the Act is amended by striking out "at his place of employment".

9 Section 20 of the Act is amended

       (a) in subsection (11) by adding "in writing" after "shall advise the employee";

       (b) by adding after subsection (11) the following:

20(11.1) Subsections 32(2) and (3) apply with the necessary modifications to advice given in writing by an officer under subsection (11).

       (c) by repealing subsection (12) and substituting the following:

20(12) Pending any investigation under this section and the conclusion of any appeal taken by an employee against the advice given by an officer under subsection (11), the
employee shall remain available at a safe place near his or her work station during his or her normal working hours.

10 Section 21 of the Act is amended

       (a) in subsection (1)

       (i) in subparagraph (b)(ii) by striking out "and" at the end of the subparagraph;

       (ii) in subparagraph (c)(ii) by striking out the period at the end of the subparagraph and substituting a comma, followed by "and";

       (b) by adding after paragraph (c) the following:

       (d) if the employee has appealed the advice of an officer given under subsection 20(11), until the appeal process is concluded.

       (c) in subsection (2) by striking out "at his place of employment".

11 Section 26 of the Act is amended

       (a) in subsection (4) by striking out "seven" and substituting "fourteen";

       (b) by repealing subsection (5) and substituting the following:

26(5) Any party to whom an order of an arbitrator under this section applies may, within thirty days after being notified of the order, apply by Notice of Application to a judge of
The Court of Queen's Bench of New Brunswick to review and set aside the order on the ground that it was made

       (a) without jurisdiction, or

       (b) on the basis of an error in law.

       (c) by repealing subsection (8);

       (d) by repealing subsection (9) and substituting the following:

26(9) After hearing the application, the judge may make any order in accordance with Rule 69.13 of the Rules of Court that he or she considers appropriate.

12 Paragraph 28(1)(a) of the Act is amended by striking out "any place" and substituting "any place or thing".

13 Section 32 of the Act is amended

       (a) in subsection (1)

       (i) in the portion preceding paragraph (a) by striking out "the employer, contractor, sub-contractor or employee at the place of employment" and substituting "the
       employer, contracting employer, contractor, sub-contractor, employee";

       (ii) in paragraph (a) by striking out "at the place of employment";

       (b) in subsection (2) by adding "contracting employer," after "employer,";

       (c) in subsection (4) in the portion preceding paragraph (a) by striking out "at a place of employment".

14 Section 37 of the Act is amended

       (a) by repealing subsection (1) and substituting the following:

37(1) An owner, employer, contracting employer, contractor, sub-contractor, employee or supplier named in any order given by an officer under this Act or the regulations may,
within fourteen days after the date the order was served, appeal that order by application to the Chief Compliance Officer who may confirm, vary, revoke or suspend the order
appealed as promptly as is practicable.

       (b) by adding after subsection (1) the following:

37(1.1) For the purposes of subsection (1), an order of an officer includes advice in writing given to an employee under subsection 20(11).

       (c) by adding after subsection (2) the following:

37(2.1) Where the decision of the Chief Compliance Officer under this section is appealed under section 21 of the Workplace Health, Safety and Compensation Commission Act,
the decision remains in effect until the Appeals Tribunal disposes of the appeal.

15 Section 43 of the Act is amended by adding after subsection (4) the following:

43(5) This section does not apply to a place of employment that is a vehicle if the injury or accident occurs on a public road or highway.

16 Section 44 of the Act is amended

       (a) by renumbering the section as subsection 44(1);

       (b) by adding after subsection (1) the following:

44(2) Subsection (1) does not apply to a vehicle.

17 Subsection 46(5) of the French version of the Act is amended in the portion preceding paragraph (a) by striking out "médécin" and substituting "médecin".

18 Paragraph 47(1)b) of the French version of the Act is amended by striking out "d'une emprisonnement" and substituting "d'un emprisonnement".

19 Paragraph 51(d) of the Act is amended by adding "or in" after "at".

20 Any complaint that is referred to an arbitrator under section 25 of the Occupational Health and Safety Act before the commencement of this section shall be dealt with
under section 26 of that Act as it existed immediately before the commencement of this section.

21 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

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