Occupational Health & Safety in the Federal Jurisdiction

The Canada Labour Code, Part II

Written By: Andrew Lawson

www.lawsonemploymentlaw.com

Your business is covered by the Canada Labour Code, Part II (Occupational Health & Safety) if your work involves a "federal work or undertaking." This means: Banks, television and cable companies, trucking companies, grain elevators and First Nations Reserves are some of the entities covered.

Health and safety is one of the most important, yet most overlooked, responsibilities you have as an employer. Consider this—

• Potential fines of $1,000,000.00 (one million) and two years in prison.

• Loss time, pain and suffering due to injuries and death.

The Canada Labour Code, Part II has been amended and enhanced in recent years. Learn~don`t Litigate. Here are some highlights:

Pregnant and Nursing Mothers: be aware of special provisions for these employees.

Employees with Special Needs: the Code requires employers to communicate with employees using assisstive methods including braille, sign language and alternatives to written instructions.

Internal Complaint Resolution Process (ICRP): the immediate supervisor must be aware of her responsibilities upon receiving a complaint from a worker and work with the complainant to resolve the complaint at the front lines.

Health & Safety Representative and Committees: the Code makes these appointments mandatory. Representative and committee members have enhanced powers—they must inspect the workplace regularly for unsafe equipment and conditions and meet with the employer regularly to discuss health and safety concerns. Members can force an employer to stop work that poses a danger to workers.

Work Refusals: workers have the right to refuse work that they honestly believe is dangerous. Guards at a federal correctional facility refused to work without being able to carry handcuffs. The Federal Court decided that the work experience of the guards taught them that previous injuries could have been avoided if the guards involved had been able to restrain violent inmates more quickly. This experience constitutes an honest belief and the Court ordered a reinvestigation of the work refusal. The court emphasized the new definition of "danger" under subsection 128 (1) of the Code. Learn—don’t Litigate.