Objective

The objective of the Health and Safety Act is to eliminate the dangers to the health, safety and physical well-being of workers.

This legislation and its regulations are quite exhaustive. They provide for rights and obligations of both workers and employers. Note also that there are regulations governing the quality of the work environment.

Refusal to work

The Health and Safety Act establishes the right of workers to refuse to perform any particular work if they have reasonable grounds to believe that the performance of that work would endanger their health, safety or physical well-being, or would expose another person to a similar danger.

Protective reassignment

Workers have a right to refuse to work if they are exposed to a contaminant which entails danger to them and may request to be reassigned to another job that does not entail exposure to that contaminant. The worker concerned must, however, first obtain a medical certificate attesting to the danger for his or her health.

A pregnant woman may also ask for reassignment, provided she furnishes a certificate attesting that her working conditions may be physically dangerous to the unborn child or to herself.

Health and safety committee

The employer may also establish a committee where the preceding conditions apply, and notice is given to the bargaining agent, if any, or where none exists, to the workers as a whole. The number of members of a committee is determined by agreement between the employer and the workers or the bargaining agent. Where no agreement can be reached, the number of members is determined by regulation.

Prevention program

Every employer who has an establishment of a category identified by regulation must implement a prevention program for each establishment under his authority, taking into account the responsibilities of the health and safety committee, if any. The object of a prevention program is to eliminate at the source the risks to the health, safety and physical well-being of the workers.

Workplace Hazardous Materials Information System

The Health and Safety Act provides for a comprehensive set of measures to ensure effective dissemination of information regarding hazardous materials in the workplace. It also contains a host of other provisions dealing with the rights of workers to safe conditions in the workplace.

Illegal dismissal and prohibited practices

It is prohibited to dismiss, suspend, transfer or impose any sanction on workers for exercising their rights or functions under the Health and Safety Act or its regulations. A worker who believes he or she has been a victim of such a sanction may file a grievance under the collective agreement or submit a complaint to the CNESST. If the sanction was imposed within six (6) months of the date on which the employee exercised a right under the Health and Safety Act, there is a legal presumption in his or her favour that the sanction was imposed illegally. Once the presumption is established, the employer then has the burden to prove that the sanction was imposed for another good and sufficient cause.

First aid

Where there are 50 workers or less in an establishment, the employer must ensure at all times during the working hours and during a shift that a first aid worker is present. The number of first aid workers increases by one for every 100 additional workers or fraction thereof on a shift. The employer must provide a sufficient number of first aid kits (the contents of which is determined by regulation). It must post a notice indicating where the kits are located, where the communication system is located and the names of the first aid workers, their job titles and locations.

Penal and criminal sanctions

Employers who contravene the provisions of the Health and Safety Act or who directly and seriously compromise the health, safety or physical well-being of workers are liable to a fine of not less than $15,000 nor more than $60,000 for a first offence, a fine of not less than $30,000 nor more than $150,000 for a second offence, and a fine of not less than $60,000 nor more than $300,000 for a third or subsequent offence.

Also, since March 31, 2004, new provisions under the Canadian Criminal Code have made it easier to charge and prosecute employers who compromise the health and safety of their workers or who do not take appropriate steps to protect their health and safety. These new criminal provisions have a long reach, and agents, employees, associates, managers, officers and directors of negligent employers could face criminal sanctions for their failure to take appropriate measures to protect the health and safety of employees.

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