Acts and Regulations

O-0.2 - Occupational Health and Safety Act

Full text
Appeal to Chief Compliance Officer
37(1)An owner, employer, contracting employer, contractor, sub-contractor, supervisor, 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.
37(1.01)An owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier named in a notice of administrative penalty issued under this Act may, within 14 days after the date the notice was served, appeal the administrative penalty by application to the Chief Compliance Officer who may confirm, vary, revoke or suspend the administrative penalty.
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).
37(2)An appeal against an order or an administrative penalty in accordance with subsection (1) or (1.01) does not suspend the operation of the order or administrative penalty, as the case may be, but the Chief Compliance Officer may order its suspension until the appeal is disposed of.
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 and Workers’ Compensation Appeals Tribunal Act, the decision remains in effect until the Appeals Tribunal disposes of the appeal.
37(3)An officer shall provide a copy of any order confirmed, varied, revoked or suspended under this section or by the Appeals Tribunal to the committee where one exists, or to the health and safety representative, if any, and where there is no committee or representative, the officer shall post a copy of the order in a prominent place at the place of employment or any part thereof.
1994, c.70, s.5; 2001, c.35, s.14; 2007, c.12, s.8; 2014, c.49, s.34; 2019, c.38, s.18; 2020, c.19, s.2
Appeal to Chief Compliance Officer
37(1)An owner, employer, contracting employer, contractor, sub-contractor, supervisor, 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.
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).
37(2)An appeal against an order in accordance with subsection (1) does not suspend the operation of the order but the Chief Compliance Officer may order the suspension of the operation thereof until the appeal is disposed of.
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 and Workers’ Compensation Appeals Tribunal Act, the decision remains in effect until the Appeals Tribunal disposes of the appeal.
37(3)An officer shall provide a copy of any order confirmed, varied, revoked or suspended under this section or by the Appeals Tribunal to the committee where one exists, or to the health and safety representative, if any, and where there is no committee or representative, the officer shall post a copy of the order in a prominent place at the place of employment or any part thereof.
1994, c.70, s.5; 2001, c.35, s.14; 2007, c.12, s.8; 2014, c.49, s.34; 2019, c.38, s.18
Appeal to Chief Compliance Officer
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.
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).
37(2)An appeal against an order in accordance with subsection (1) does not suspend the operation of the order but the Chief Compliance Officer may order the suspension of the operation thereof until the appeal is disposed of.
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 and Workers’ Compensation Appeals Tribunal Act, the decision remains in effect until the Appeals Tribunal disposes of the appeal.
37(3)An officer shall provide a copy of any order confirmed, varied, revoked or suspended under this section or by the Appeals Tribunal to the committee where one exists, or to the health and safety representative, if any, and where there is no committee or representative, the officer shall post a copy of the order in a prominent place at the place of employment or any part thereof.
1994, c.70, s.5; 2001, c.35, s.14; 2007, c.12, s.8; 2014, c.49, s.34
Appeal to Chief Compliance Officer
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.
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).
37(2)An appeal against an order in accordance with subsection (1) does not suspend the operation of the order but the Chief Compliance Officer may order the suspension of the operation thereof until the appeal is disposed of.
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.
37(3)An officer shall provide a copy of any order confirmed, varied, revoked or suspended under this section or by the Appeals Tribunal to the committee where one exists, or to the health and safety representative, if any, and where there is no committee or representative, the officer shall post a copy of the order in a prominent place at the place of employment or any part thereof.
1994, c.70, s.5; 2001, c.35, s.14; 2007, c.12, s.8
Appeal to Chief Compliance Officer
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.
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).
37(2)An appeal against an order in accordance with subsection (1) does not suspend the operation of the order but the Chief Compliance Officer may order the suspension of the operation thereof until the appeal is disposed of.
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.
37(3)An officer shall provide a copy of any order confirmed, varied, revoked or suspended under this section or by the Appeals Tribunal to the committee where one exists, or to the health and safety representative where such a representative has been elected, and where there is no committee or representative, the officer shall post a copy of the order in a prominent place at the place of employment or any part thereof.
1994, c.70, s.5; 2001, c.35, s.14