DUTIES OF AN ESDC HEALTH AND SAFETY OFFICER

CANADA LABOUR CODE PART II • The term Health and Safety Officer was repealed

SECTION 140 • 140 (1) Subject to any terms and conditions specified by the

DELEGATION OF POWER • 140. (2) Subject to subsection (3), the Minister may, with

HOW DO THE HSO’S PERFORM THEIR DUTIES? • Prior to 2013 an HSO had

HOW IS THE WORK PERFORMED? • Senior advisor • Technical advisor • Head office

TOOLS USED TO OBTAIN COMPLIANCE • Assurance of Voluntary Compliance • Direction • Prosecution

ASSURANCE OF VOLUNTARY COMPLIANCE (AVC) • Not in the Code • Not a legal

DIRECTION • Sections 129, 141, 145 • Legal document • Can be issued to

PROSECUTION • Sections 148, 149 of the Code • Used in serious cases of

INJUNCTIONS • Sections 152, 153 • Not utilized often

PUNISHMENT • Sections 148, 154 • Fines up to One Million dollars per count

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DUTIES OF AN ESDC HEALTH AND SAFETY OFFICER MARC BÉLAND REGIONAL HEALTH AND SAFETY REPRESENTATIVE NATIONAL CAPITAL REGION

CANADA LABOUR CODE PART II • The term Health and Safety Officer was repealed with various changes to the Code in 2013. • Who performs the work now? • Currently the Labour Affairs Officers (health and safety) who work for the Labour Program of ESDC.

SECTION 140 • 140 (1) Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers, duties or functions the Minister is authorized to exercise or perform for the purposes of this Part.

DELEGATION OF POWER • 140. (2) Subject to subsection (3), the Minister may, with the approval of the Governor in Council, enter into an agreement with any province or any provincial body specifying the terms and conditions under which the Minister may delegate to a person employed by that province or provincial body the powers, duties or functions that the Minister is authorized to exercise or perform for the purposes of this Part.

HOW DO THE HSO’S PERFORM THEIR DUTIES? • Prior to 2013 an HSO had control over their assignments • This has changed with the changes in 2013. • What does it mean? • Interpretation, Policies and Guidelines (IPG) • Operations Program Directives

HOW IS THE WORK PERFORMED? • Senior advisor • Technical advisor • Head office • Interpretation, Policies and Guidelines (IPG) • Operations Program Directives

TOOLS USED TO OBTAIN COMPLIANCE • Assurance of Voluntary Compliance • Direction • Prosecution • Injunction

ASSURANCE OF VOLUNTARY COMPLIANCE (AVC) • Not in the Code • Not a legal document • Utilized for minor infractions and where the HSO thinks compliance will be achieved • A promissory note for which the offending party will tell the HSO when they will be compliant

DIRECTION • Sections 129, 141, 145 • Legal document • Can be issued to employer and/or employees • It will state the violation sections and that the “party” shall cease the violation by a date determined by the HSO

PROSECUTION • Sections 148, 149 of the Code • Used in serious cases of injury/illness, fatalities and repeated violations of the Code.

INJUNCTIONS • Sections 152, 153 • Not utilized often

PUNISHMENT • Sections 148, 154 • Fines up to One Million dollars per count and/or up to 2 years in jail

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