Acts and Regulations

O-0.2 - Occupational Health and Safety Act

Full text
Duty to report and take or recommend remedial action
20(1)Any employee who believes that an act is likely to endanger the employee’s or any other employee’s health or safety shall immediately report their concern to their supervisor, who shall promptly investigate the situation in the presence of the employee.
20(2)If a supervisor finds that the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the supervisor shall take appropriate remedial action or recommend appropriate remedial action to the employer.
20(3)If a supervisor finds the employee does not have reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the supervisor shall advise the employee to do that act.
20(4)If an employee has made a report under subsection (1) and the matter has not been resolved to the employee’s satisfaction, the employee shall refer the matter to a committee or, where there is no committee, to an officer.
20(5)Upon receipt of a referral under subsection (4), the committee shall promptly investigate the situation.
20(6)Where a committee finds that the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the committee shall recommend appropriate remedial action to the employer.
20(7)Where a committee finds that the employee does not have reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the committee shall advise the employee to do that act.
20(8)Where a matter has been referred to a committee under subsection (4) and the matter is not resolved to the satisfaction of the employee, the employee shall refer the matter to an officer.
20(9)Upon receipt of a referral under subsection (4) or (8), the officer shall promptly investigate the situation and make the officer’s findings known in writing as soon as is practicable to the employer, the employee and the committee, if any, as to whether the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health and safety of any other employee.
20(10)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the officer shall order appropriate remedial action to be taken by the employer.
20(11)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee does not have reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the officer shall advise the employee in writing to do that act.
20(11.1)Subsections 32(2) and (3) apply with the necessary modifications to advice given in writing by an officer under subsection (11).
20(12)Pending any investigation under this section or, if an appeal is taken by an employee against the advice of an officer given under subsection (11), pending the decision of the Chief Compliance Officer, the employee shall remain available at a safe place near the employee’s work station during the employee’s normal work hours.
2001, c.35, s.9; 2004, c.4, s.2; 2019, c.38, s.10; 2022, c.32, s.16
Duty to report and take or recommend remedial action
20(1)Any employee who believes that an act is likely to endanger his or any other employee’s health or safety shall immediately report his concern to his supervisor, who shall promptly investigate the situation in the presence of the employee.
20(2)Where a supervisor finds that the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, he shall take appropriate remedial action or recommend appropriate remedial action to the employer.
20(3)Where a supervisor finds the employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, he shall advise the employee to do that act.
20(4)Where an employee has made a report under subsection (1) and the matter has not been resolved to his satisfaction, he shall refer the matter to a committee or, where there is no committee, to an officer.
20(5)Upon receipt of a referral under subsection (4), the committee shall promptly investigate the situation.
20(6)Where a committee finds that the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the committee shall recommend appropriate remedial action to the employer.
20(7)Where a committee finds that the employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the committee shall advise the employee to do that act.
20(8)Where a matter has been referred to a committee under subsection (4) and the matter is not resolved to the satisfaction of the employee, the employee shall refer the matter to an officer.
20(9)Upon receipt of a referral under subsection (4) or (8), the officer shall promptly investigate the situation and make his findings known in writing as soon as is practicable to the employer, the employee and the committee, if any, as to whether the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health and safety of any other employee.
20(10)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the officer shall order appropriate remedial action to be taken by the employer.
20(11)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the officer shall advise the employee in writing to do that act.
20(11.1)Subsections 32(2) and (3) apply with the necessary modifications to advice given in writing by an officer under subsection (11).
20(12)Pending any investigation under this section or, if an appeal is taken by an employee against the advice of an officer given under subsection (11), pending the decision of the Chief Compliance Officer, the employee shall remain available at a safe place near his or her work station during his or her normal work hours.
2001, c.35, s.9; 2004, c.4, s.2; 2019, c.38, s.10
Duty to report and take or recommend remedial action
20(1)Any employee who believes that an act is likely to endanger his or any other employee’s health or safety shall immediately report his concern to his supervisor, who shall promptly investigate the situation in the presence of the employee.
20(2)Where a supervisor finds that the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, he shall take appropriate remedial action or recommend appropriate remedial action to the employer.
20(3)Where a supervisor finds the employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, he shall advise the employee to do that act.
20(4)Where an employee has made a report under subsection (1) and the matter has not been resolved to his satisfaction, he shall refer the matter to a committee or, where there is no committee, to an officer.
20(5)Upon receipt of a referral under subsection (4), the committee shall promptly investigate the situation.
20(6)Where a committee finds that the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the committee shall recommend appropriate remedial action to the employer.
20(7)Where a committee finds that the employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the committee shall advise the employee to do that act.
20(8)Where a matter has been referred to a committee under subsection (4) and the matter is not resolved to the satisfaction of the employee, the employee shall refer the matter to an officer.
20(9)Upon receipt of a referral under subsection (4) or (8), the officer shall promptly investigate the situation and make his findings known in writing as soon as is practicable to the employer, the employee and the committee, if any, as to whether the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health and safety of any other employee.
20(10)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the officer shall order appropriate remedial action to be taken by the employer.
20(11)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the officer shall advise the employee in writing to do that act.
20(11.1)Subsections 32(2) and (3) apply with the necessary modifications to advice given in writing by an officer under subsection (11).
20(12)Pending any investigation under this section or, if an appeal is taken by an employee against the advice of an officer given under subsection (11), pending the decision of the Chief Compliance Officer, the employee shall remain available at a safe place near his or her work station during his or her normal work hours.
2001, c.35, s.9; 2004, c.4, s.2