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Did you know a project with 20 or more personnel on site requires a JOHSC to be established by the General Contractor?

It is the employer's responsibility to establish and maintain a Joint Occupational Health and Safety Committee (JOHSC) or to make sure a safety representative is chosen by the employees, if required by the Occupational Health and Safety Act. There may be circumstances where an employer is required to establish more than one JOHSC and/or multiple safety representatives. JOHS committees and safety representatives are an essential part of an effective health and safety program. They connect the employer with the employees to work together to improve health and safety in the workplace. Their primary responsibility is to help maintain a safe workplace by representing all employees' interests regarding health and safety issues to the employer. JOHSCs and safety representatives have the opportunity to make recommendations to make sure that identified health and safety hazards are dealt with promptly and cooperatively. Being a safety representatives or member of a JOHSC enables the employees to exercise their rights to know about hazards and to actively participate in protecting their health and safety. JOHSC members and safety representatives are expected to participate in workplace inspections, make recommendations for the improvement of health and safety at the workplace, and advise their employer on protective equipment and workplace health and safety policies and programs.

Summary Requirement Table

When is it required? What size should it be? Who represents?
Joint Occupational Health and Safety Committee 20 or more employees at a workplace or project As agreed upon by employees and employer At least half JOHSC members elected by employees which they represent
Safety Representative 5-19 employees at a workplace or project One or more selected by the employees they represent Employee representative not connected with management

Joint Occupational Health and Safety Committees must:

  • Have the number of members the employer and the employees or their union(s) have agreed to.
  • Have at least half of its members be employees, who are neither supervisors nor considered management. The employer may choose up to one half of a JOHSC’s membership.
  • Have its employee members chosen by all the employees at the workplace or have them appointed by the union(s) that represents the employees.
  • Make sure to meet at least once a month unless the regulations require a different frequency or the committee sets a different frequency of meetings in their rules of procedure (terms of reference).
  • Make sure to establish its own rules of procedure and comply with applicable regulations.
  • Make sure that the meetings are co-chaired by an employee and employer members selected by the members they represent, unless the rules of procedure states otherwise.
  • Perform duties assigned to it by the Director, as are established by the regulations, or by agreement between the employer and the employees or the union.
  • Investigate, if the employer has not resolved the concerns of an employee who is refusing to work on the grounds that their assigned tasks will endanger their health and safety or the health and safety of others.
  • Unanimously agree an employee’s work is safe to perform or the employee’s concerns have been resolved before they advise an employee return to work.
  • Make sure to maintain records and minutes of each meeting in a format approved by the Director and keep them on file. When required, send a copy of the minutes to an officer.
  • Select the employee who observes health and safety monitoring or taking of samples and measurements to monitor health and safety at the workplace.

Joint Occupational Health and Safety Committees may:

  • Co-operatively identify hazards and make recommendations to the employer on how to eliminate or control hazards.
  • Co-operatively audit the workplace to ensure compliance with health and safety requirements.
  • Participate in investigations to address workplace health and safety issues and complaints received.
  • Participate in inspections, inquiries and investigations about the occupational health and safety of employees.
  • Participate in workplace inspections involving Department of Labour OHS Officers.
  • Advise on personal protective equipment and clothing employees may require or are currently using.
  • Advise and make recommendations to the employer on the workplace’s health and safety program or policy.

Safety representatives may:

  • Co-operatively identify hazards and make recommendations to the employer on how to eliminate or control hazards.
  • Co-operatively audit the workplace to ensure compliance with health and safety requirements.
  • Participate with the employer in investigations and address all workplace health and safety issues and complaints received.
  • Participate in inspections, inquiries and investigations about the occupational health and safety of employees.
  • Participate in workplace inspections involving Department of Labour OHS Officers.
  • Advise on personal protective equipment and clothing employees may need or are currently using.
  • Advise and make recommendations to the employer on the workplace’s health and safety program or policy.
  • Be required to select the employee who observes health and safety monitoring or taking of samples and measurements to monitor health and safety at the workplace.

Employers must:

  • Establish and maintain one or more JOHSC where they regularly employ twenty or more persons.
  • Establish and maintain a JOHSC where twenty or more persons are regularly employed by one or more constructors at a construction project, if they are the constructor.
  • Establish and maintain a JOHSC at a subsea coal mine that regularly employs fewer than twenty employees, where so prescribed by the regulations.
  • Make sure employees select a safety representative to represent workplace employees, if the employer regularly employs five to 19 persons.
  • Have employees select a safety representative to represent project employees, if five to 19 persons are regularly employed by one or more constructors at a construction project, if they are the constructor.
  • Make sure the safety representative is not a supervisor, employed as a manager or otherwise connected with management.
  • Post and maintain the current names of the JOHSC members and/or safety representative(s) and their contact information.
  • Promptly post the most recent JOHSC meeting minutes and make sure they remain posted until the next committee meeting minutes are posted.
  • Make sure to provide to the JOHSC/safety representative a copy of any order, compliance notice, notice of appeal or decision received.
  • Consult and co-operate with the JOHSC/safety representative and provide additional training as prescribed by the regulations.
  • Consult with the JOHSC/safety representative when establishing or reviewing a written policy, procedure, plan or code of practice.
  • Make sure all JOHSC members and safety representatives are permitted to take time off work, paid by the employer, to perform their committee functions including receiving training and attending meetings.
  • Not threaten or take discriminatory action against an employee for working with the JOHSC/safety representative, seeking the enforcement of occupational health and safety legislation with the JOHSC or safety representative, serving as a committee member/safety representative, or seeking the establishment of a JOHSC or a safety representative.
  • Prepare and review, at least annually, a written occupational health and safety policy, in consultation with the JOHSC/safety representative where:
    • They regularly employ five or more persons within the organization,
    • It is required by the regulations, or
    • It has been ordered by an occupational health and safety officer.
  • Establish and maintain a workplace-specific written occupational health and safety program, in consultation with the JOHSC/safety representative where:
    • They regularly employ twenty or more persons within the organization, or
    • It is required by the regulations.
  • Make sure the occupational health and safety program has a provision establishing or continuing a JOHSC, if that is relevant for the employer. This must include:
    • Records of JOHSC membership,
    • The JOHSC’s rules of procedure,
    • Management’s commitment that they will actively co-operate with the JOHSC to resolve health and safety issues, and
    • Any information related to the functioning of the JOHSC required by the Occupational Health and Safety Act or its regulations.
  • Make sure the program has a provision for appointing a safety representative, if that is relevant for the employer. This should include management’s commitment that they will actively co-operate with the safety representative to resolve health and safety issues.
  • Make sure the program includes a hazard identification system with procedures for when and how hazards must be reported by the employer to the JOHSC/safety representative.
  • Make sure to provide a copy of the occupational health and safety program to the JOHSC/safety representative.
  • Respond in writing within twenty-one days, to the written recommendations from the JOHSC/safety representative. The employer’s response must either accept the recommendations or give reasons the employer disagrees with the recommendations.
  • Notify the JOHSC or representative of any reports on health and safety inspections or monitoring and test results.
  • Respond in writing within twenty-one days, to a written request from the JOHSC/safety representative for information related to health and safety in the workplace. The employer’s response must either provide the requested information or give reasons the employer cannot provide the requested information.
  • Provide the JOHSC/safety representative a list of all hazardous or potentially hazardous chemical substances regularly used, handled, produced or present at the workplace. The employer must also notify the JOHSC/safety representative of any changes to this list.
  • Notify the JOHSC/safety representative of workplace accidents where the Director is required to be notified.
  • Provide JOHSC/safety representative with a copy of their application for a deviation, which would allow the employer to alter workplace practices in a way that would otherwise violate occupational health and safety legislation.
  • Make available to the JOHSC/safety representative,
    • The technical information in the application for a deviation from occupational health and safety requirements; and
    • Information on the health and safety benefits and drawbacks the applicant anticipates if their application for a deviation is accepted.
  • Provide JOHSC/safety representative with a copy of the decision of the Director Occupational Health and Safety Division of the Department of Labour and Advanced Education regarding an application for a deviation.

Handling and Storage of Material

  • Consult with the JOHSC/safety representative where unconsolidated bulk material is stockpiled and removed by powered mobile equipment according to written specifications and a written safe work procedure certified by an engineer.
  • Consult with the JOHSC/safety representative where the face of unconsolidated bulk material is undermined or undercut by means of powered mobile equipment according to written specifications and a written safe work procedure certified by an engineer.
  • Consult with the JOHSC/safety representative and obtain an assessment in writing from a competent person where electric charging of rechargeable storage batteries is routinely performed and there are reasonable grounds to believe that contaminants are likely to be generated during the charging process.

Safeguards

  • Consult with the JOHSC/safety representative to establish an adequate written work procedure if it is not reasonably practicable to fit an access door with interlocks.

Surface Mine Workings

  • Make sure the results of inspections by a competent person and recorded in a daily examination and record book are available on request to the JOHSC/safety representative.
  • If a surface mine is using powered mobile equipment, consult with the JOHSC/safety representative to establish an adequate written work procedure to be certified by an engineer.
  • In undercutting or undermining at the working face of a surface mine using powered mobile equipment, consult with the JOHSC/safety representative to establish an adequate written work procedure to be certified by a competent person.
  • When a surface mine uses another means other than powered mobile equipment to work unconsolidated material, consult with the JOHSC/safety representative to establish an adequate written work procedure to be certified by an engineer.

Blasting Incident

  • Make sure to give every JOHSC/safety representative a copy of the blasting incident report and a copy of the blast log as soon as reasonably practicable and consult with the JOHSC/safety representative about actions to prevent a similar blasting incident from occurring in the future.
  • Make sure to consult with each JOHSC/safety representative when preparing a work procedure for specialized blasting or for a special case blast.

A constructor must:

  • Establish and maintain a JOHSC where twenty or more persons are regularly employed by one or more constructors on a project.
  • Make sure to take every reasonable precaution to communicate between employers and self-employed people at a construction project and to facilitate communication with any JOHSC/safety representative required for the construction project.

An employee must:

  • Consult with their JOHSC/safety representative when it is necessary or advisable to share responsibilities and information with the JOHSC/safety representative.
  • Co-operate with their JOHSC/safety representative as they fulfill their duties (e.g. investigations).
  • Make sure to report to their JOHSC/safety representative any unremedied condition, device, equipment, machine, material or thing or any aspect of the workplace that is or may be dangerous to their health or safety or that of any other person at the workplace, if it is not remedied to their satisfaction by their supervisor.
  • Report to their JOHSC/safety representative their refusal to work because of the belief that their assigned tasks will endanger their health and safety or the health and safety of others. Before reporting to the JOHSC/safety representative, an employee must first report their refusal to a supervisor and allow the employer the opportunity to remedy any health and safety concerns.
  • May, but is not required to, join an officer or the JOHSC/safety representative during a physical inspection of the workplace to evaluate whether an employee’s claim that assigned tasks will endanger their health and safety or the health and safety of others.

A self-employed person must:

  • Co-operate with any JOHSC/safety representative present in the place they work.
"committee" means a joint occupational health and safety committee established pursuant to this Act
“Representative” means a health and safety representative selected pursuant to the Occupational Health and Safety Act.
The Director may establish a frequency of meetings if they determine the committee is not effectively performing its functions.
Rules of procedure must include an annual consideration of the selection process for those chairing the committee for the coming year.
"inspection" means a physical inspection of a workplace, or any part or parts of a workplace, pursuant to the powers conferred upon an officer pursuant to Section 47

"Employer" means a person who employs one or more employees or contracts for the services of one or more employees, and includes a constructor, contractor, or subcontractor.

“Regularly employed” includes seasonal employment with a predictably recurring period of employment that exceeds four weeks, unless otherwise established by regulation or ordered by an officer.
“Project” means a construction project, and includes
(i) the construction, erection, excavation, renovation,
repair, alteration or demolition of any structure, building, tunnel or work and the preparatory work of land clearing or earth moving, and
(ii) work of any nature or kind designated by the Director as a project.
commonly refers to General Contractor
"Discriminatory action" means an action that adversely affects an employee with respect to terms or conditions of employment or any opportunity for employment or promotion and includes dismissal, layoff, suspension, demotion, transfer of job or location, change in hours of work, coercion, intimidation, imposition of any discipline, reprimand or other penalty including reduction in wages, salary or other benefits, or the discontinuation or elimination of the job of the employee.
27.(2)(e) a hazard identification system that includes
(i) evaluation of the workplace to identify potential hazards,
(ii) procedures and schedules for regular inspections,
(iii) procedures for ensuring the reporting of hazards and the accountability of persons responsible for the correction of hazards, and
(iv) identification of the circumstances where hazards must be reported by the employer to the committee or representative, if any, and the procedures for doing so;
(f) a system for workplace occupational health and safety monitoring, prompt follow-up and control of identified hazards;
(g) a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent recurrences;
(h) maintenance of records and statistics, including reports of occupational health and safety inspections and occupational health and safety investigations, with provision for making them available to persons entitled to receive them pursuant to this Act; and
(i) provision for monitoring the implementation and effectiveness of the program.
If it is not reasonably possible for the employer to respond within twenty-one days, provide a reasonable explanation for the delay within the twenty-one day period and, indicate to the committee or representative when the employer’s response will be given.
If it is not reasonably possible for the employer to respond within twenty-one days, provide a reasonable explanation for the delay within the twenty-one day period and, indicate to the committee or representative when the employer’s response will be given.
63. (1) The employer shall notify the Director
(a) as soon as possible, but in no case later than twenty-four hours, after a fire, flood or accident at the workplace that causes
(i) unconsciousness,
(ii) a fracture of the skull, spine, pelvis, arm, leg, ankle, wrist or a major part of the hand or foot,
(iii) loss or amputation of a leg, arm, hand, foot, finger or toe,
(iv) a third degree burn to any part of the body,
(v) loss of sight in one or both eyes,
(vi) asphyxiation or poisoning,
(vii) any injury that requires the admission to hospital, or
(viii) any injury that endangers the life, of an employee, unless the injury can be treated by immediate first aid or medical treatment and the person can return to work the following day;
(b) as soon as possible, but in no case later than twenty-four hours, after
(i) an accidental explosion,
(ii) a major structural failure or collapse of a building or other structure,
(iii) a major release of a hazardous substance, or
(iv) a fall from a work area in circumstances where fall protection is required by the regulations, at the workplace, whether any person is injured or not; and
(c) immediately when a person is killed from any cause, or is injured from any cause in a manner likely to prove fatal, at the workplace.
“Director” means the Health and Safety or any person designated by the Executive Director pursuant to this Act to act on behalf of the Executive Director; Contact Number: 1-800-952-2687
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure or device, but does not include personal protective equipment.
Interlocks must:
· prevent the access door from opening while the moving parts are in motion; or
· disconnect the power from the driving mechanism, causing the moving parts to stop immediately if the door is opened.
A blasting incident report must include:
a) a summary of the blasting incident;
b) the date and time of the blasting incident;
c) the location of the blasting incident;
d) if a supervisor was directing work in the blasting area, the name of the supervisor;
e) the name of the blaster under whose direction and control the blasting operation was conducted;
f) the names of all blasters involved in the blasting operation, together with their blaster certificate numbers;
g) the name and telephone number of the person completing the blasting incident report;
h) the names and addresses of all persons who witnessed the blasting incident;
i) if any person was injured as a result of the blasting incident, the name and address of the person and a description of the injuries sustained;
j) if any property damage occurred as a result of the blasting incident, a description of the property damage;
k) a description of the weather at the time of the blasting incident;
l) if the blasting incident occurred during or as a result of a blast, how the blast was initiated;
m) the employer's assessment of the cause of the blasting incident;
n) a description of actions that may prevent a future blasting incident similar to the one that is the subject of the blasting incident report.
A blast log must include;
a) the date and time of the blast;
b) the location of the blast;
c) the name, address and telephone number of the employer;
d) the name, blaster certificate number and signature of the blaster who had direction and control of the blasting operation;
e) the distance from the nearest house, residence, shop, church, school or other structure occupied in whole or in part by people;
f) the distance from the nearest structure other than one referred to in clause (e);
g) how the blast was initiated;
h) the following drilling and loading characteristics for each hole or for each group of holes sharing the same characteristics:
i. hole identifier number,
ii. hole diameter,
iii. hole depth,
iv. burden,
v. spacing,
vi. quantity of explosives planned to be loaded in each hole, recorded in kilograms,
vii. total quantity of explosives planned to be used for the blasting operation, recorded in kilograms,
viii. type and length of stemming,
ix. type and brand of explosive,
x. type of detonator;
i) a sketch of the loading pattern for the blast;
j) the total quantity of explosives actually loaded into each hole, recorded in kilograms;
k) the maximum quantity of explosives per delay, recorded in kilograms;
l) the specifics of the delay pattern;
m) the number of detonators used in the blast;
n) the period numbers of the detonators used in the blast;
o) the resistance in the electric blasting circuit as tested under subsection 78(2), recorded in ohms;
p) the type of warning signal used;
q) whether blasting mats were used;
r) whether warning signs were posted on all public roads near the blasting area, leading to the blasting area and leading from the blasting area;
s) whether all roads and approaches were guarded or barricaded;
t) the results of the inspection of the blasting area conducted after the blast as required by Section 84;
u) whether a misfire occurred;
v) whether there was any injury to persons or damage to property resulting from the blast.
“constructor” means a person who contracts for work on a project or who undertakes work on a project himself or herself.

Workplace Health and Safety Regulations
N.S. Reg. 52/2013

Part 1 INTERPRETATION AND APPLICATION

Section 1.9 Consulting with Committee on policies and procedures

1.9 An employer establishing or reviewing a written policy, procedure, plan or code of practice for the purpose of the Act or these regulations must do so in consultation with the committee or representative, if any.

Occupational Safety General Regulations
N.S. Reg. 44/99

Part 2 General

Section 7B Consulting with Committee on policies and procedures

7B An employer establishing or reviewing a written policy, procedure, plan or code of practice for the purpose of the Act or these regulations must do so in consultation with the committee or representative, if any.

[N.S. Reg. 53/2013, s. 5]

Part 5 Handling and Storage of Material

Section 34

34. (1) Where unconsolidated bulk material is stockpiled, an employer must

(a) ensure that it is inspected by a competent person to determine if it is in a safe condition before a person is permitted to work close to or on the pile; and

(b) comply with the requirements of Sections 185 to 189 of these regulations.

(2) Where unconsolidated bulk material is stockpiled and removed by means of powered mobile equipment, an employer shall ensure that

(a) the working face of the unconsolidated bulk material is sloped at the angle of repose;

(b) the vertical height of the working face of the unconsolidated bulk material is not more than 1.5 m above the maximum reach of the equipment; or

(c) the work is performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(3) Where the face of unconsolidated bulk material is undermined or undercut by means of powered mobile equipment, an employer shall ensure that the undermining or undercutting is

(a) restricted to the depth of the bucket of the powered mobile equipment;

(b) permitted only when the approach of the powered mobile equipment is at a 90° angle plus or minus 5° to the face of the material; and

(c) performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(4) Where unconsolidated material is loaded or unloaded from a vehicle or equipment, an employer shall ensure that adequate precautions are taken to ensure that the vehicle or equipment does not overturn.

[N.S. Reg. 52/2000, s. 17; 53/2013, s. 19]

35. Repealed. [N.S. Reg. 53/2013, s. 20]

[N.S. Reg. 52/2000, s. 18; 53/2013, s. 20]

Section 42 Rechargeable storage batteries

42. (1) An employer shall ensure that the electric charging of rechargeable storage batteries is performed in accordance with the battery manufacturer's specifications.

(2) Where the electric charging of rechargeable storage batteries is routinely performed, and there are reasonable grounds to believe that contaminants are likely to be generated during the charging process, an employer shall obtain an assessment in writing from a competent person, who shall

(a) consult with the committee or representative, if any; and

(b) determine whether the charging is likely to cause an explosive mixture of hydrogen or the release of another hazardous substance.

(3) Where the assessment referred to in subsection (2) determines that the electric charging of rechargeable storage batteries is likely to cause an explosive mixture of hydrogen or the release of another hazardous substance, an employer shall ensure that

(a) electric charging is performed in a designated area or room that

(i) is adequately ventilated to prevent the accumulation of flammable gases,

(ii) is marked at the entrance with a notice prohibiting smoking or open flames,

(iii) has a floor made of non-sparking material, and

(iv) where rechargeable storage batteries are mounted in trays or on racks, has level trays or racks constructed or covered with non-sparking material and of sufficient strength to carry the weight of the batteries; and

(b) a person who connects or disconnects rechargeable storage batteries for the purpose of electric charging uses non-sparking tools.

(4) An employer shall ensure that a competent person prepares a written review of the assessment required in subsection (2) on an annual basis or when there is a change in the process or volume of electric charging, whichever is the lesser period of time.

(5) Where electrolyte is spilled, an employer shall ensure that the spill is immediately cleaned up in an adequate manner to neutralize the electrolyte.

[N.S. Reg. 52/2000, s. 20]

Part 8 Mechanical Safety

Section 87 Safeguards

87. (1) In this Section "safeguard" means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure or device, but does not include personal protective equipment.

(2) Where a person may come in contact with a moving part of a machine or tool that may present a hazard to a person, an employer shall ensure that an adequate safeguard has been installed on the machine or tool to prevent contact.

(3) Despite subsection (2), an employer is not required to ensure that a safeguard is installed on a machine that is equipped with a device that stops the machine automatically before a person comes into contact with the moving parts.

(4) Despite subsection (2), where it is not reasonably practicable to use a safeguard on a cutting or shaping machine and there is a possibility of injury to a person, an employer shall

(a) ensure that a push block, push stick or other adequate protective device is used; and

(b) establish a written procedure to ensure the safety of an operator of the machine.

(5) No person shall remove or render ineffective a safeguard on a machine, unless

(a) the removal or rendering is necessary to enable the cleaning, maintenance, adjustment, testing or repair of the machine;

(b) the machine is locked out; and

(c) the person replaces the safeguard and ensures the safeguard is functioning properly before leaving the machine.

(6) An employer shall ensure that adequate safeguards are installed on a machine where a person may be injured by a flying object from a machine.

(7) Where an object or material is to be applied to, fed into or supplied to a machine or tool and the object or material may shatter, splinter, vibrate, create a flying projectile or otherwise cause hazardous movement because it is not secure, an employer shall ensure that the object or material is held by a restraining device or other means of providing an equivalent level of safety.

(8) Where opening an access door exposes the moving parts of a machine or tool, an employer shall ensure, where reasonably practicable, that the access door is fitted with interlocks that

(a) prevent the access door from opening while the moving parts are in motion; or

(b) disconnect the power from the driving mechanism, causing the moving parts to stop immediately if the door is opened.

(9) Where it is not reasonably practicable to fit an access door with interlocks in accordance with subsection (8), an employer shall, in consultation with the committee or representative, if any, establish an adequate written work procedure.

[N.S. Reg. 52/2000, s. 46; 53/2013, s. 38]

Part 15 Surface Mine Workings

Section 183 Inspections

183. (1) No person shall begin work, other than at a stockpile, at or near a working face in a surface mine at the beginning of each operating shift until a competent person inspects the working face to ensure that the working face is adequate.

(2) The competent person referred to in subsection. (1) shall record the results of the inspection required by subsection. (1) in a daily examination and record book and shall record all unusual occurrences or hazards.

(3) The competent person referred to in subsection. (1) shall read the record in the daily examination and record book made for the previous shift and sign it before work at the face begins on the next shift.

(4) An employer shall make available the daily examination and record book referred to in subsections (2) and (3) on request to the committee or the representative, if any.

[N.S. Reg. 52/2000, s. 94; 53/2013, s. 75]

Section 186

186. (1) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that the working face is sloped to a maximum grade of one unit of vertical rise for every equal unit of horizontal run during periods of inactivity that exceed a period of 4 months.

(2) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that

(a) the working face extends not more than 1.5 m above the maximum reach of the equipment in use; or

(b) the work is performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(i) - (ii) Repealed. [N.S. Reg. 53/2013, s. 78]

[N.S. Reg. 52/2000, s. 98]

Section 187

187. Where undercutting or undermining is performed at the working face of a surface mine by means of powered mobile equipment, an employer shall ensure that the undercutting or undermining is

(a) restricted to the depth of the bucket of the powered mobile equipment; and

(b) permitted only when

(i) the approach by the operator of the powered mobile equipment is at a 90o angle to the working face; and

(ii) the work is performed in accordance with specifications and a written safe work procedure certified by a competent person in consultation with the committee, or representative, if any.

[N.S. Reg. 52/2000, s. 99]

Section 188

188. Where unconsolidated material in a surface mine is being worked by means other than powered mobile equipment, an employer shall ensure that

(a) the working face is sloped at its angle of repose;

(b) the vertical portion of the working face does not exceed a maximum grade of one unit of vertical rise for every equal unit of horizontal run; or

(c) the work is performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(i) - (ii) Repealed. [N.S. Reg. 53/2013, s. 79]

[N.S. Reg. 52/2000, s. 100; 53/2013, s. 79]

OCCUPATIONAL HEALTH AND SAFETY ACT
S.N.S. 1996, c. 7

Section 3

3. In this Act,

(a) "aggrieved person" means an employer, constructor, contractor, employee, self-employed person, owner, supplier, provider of an occupational health or safety service, architect, engineer or union at a workplace who is directly affected by an order or decision;

(b) "analyst" means a person appointed as an analyst by the Minister pursuant to this Act;

(c) "Board" means the Labour Board established under the Labour Board Act;

(d) "committee" means a joint occupational health and safety committee established pursuant to this Act;

(e) "compliance notice" means a response, in writing, to an order of an officer, describing the extent to which the person against whom the order was made has complied with each item identified in the order;

(f) "constructor" means a person who contracts for work on a project or who undertakes work on a project himself or herself;

(g) "contractor" means a person who contracts for work to be performed at the premises of the person contracting to have the work performed, but does not include a dependent contractor or a constructor;

(h) "contracts for work" includes contracting to perform work and contracting to have work performed;

(i) "Council" means the Occupational Health and Safety Advisory Council established pursuant to this Act;

(j) "dependent contractor" means a person, whether or not employed under a contract of employment and whether or not furnishing the person's own tools, vehicles, equipment, machinery, material or any other thing, who performs work or services for another on such terms and conditions that the person is

(i) in a position of economic dependence upon the other,

(ii) under an obligation to perform duties mainly for the other, and

(iii) in a relationship with the other more closely resembling that of an employee than an independent contractor;

(k) "Deputy Minister of Labour and Advanced Education" includes a person designated by the Deputy Minister of Labour and Advanced Education to act in the stead of the Deputy Minister;

(l) "Director" means the Executive Director of Occupational Health and Safety or any person designated by the Executive Director pursuant to this Act to act on behalf of the Executive Director;

(m) "Director of Labour Standards" means the Director of Labour Standards under the Labour Standards Code;

(n) "Division" means the Occupational Health and Safety Division of the Department of Labour and Advanced Education;

(o) "employee" means a person who is employed to do work and includes a dependent contractor;

(p) "employer" means a person who employs one or more employees or contracts for the services of one or more employees, and includes a constructor, contractor or subcontractor;

(q) "former Act" means Chapter 320 of the Revised Statutes, 1989, the Occupational Health and Safety Act;

(r) Repealed. [S.N.S. 2010, c. 37, s. 117]

(s) "Minister" means the Minister of Labour and Advanced Education;

(t) "occupation" means any employment, business, calling or pursuit;

(u) "officer" means an occupational health and safety officer appointed pursuant to this Act and includes the Director;

(v) "owner" includes a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of lands or premises used as a workplace and a person who acts for, or on behalf of, an owner as an agent or delegate;

(w) "police officer" means

(i) a member of the Royal Canadian Mounted Police, or

(ii) a member or chief officer of a police force appointed pursuant to the Police Act;

(x) "policy" means an occupational health and safety policy made pursuant to this Act;

(y) "practicable" means possible, given current knowledge, technology and invention;

(z) "program" means an occupational health and safety program required pursuant to this Act, unless the context otherwise requires;

(aa) "project" means a construction project, and includes

(i) the construction, erection, excavation, renovation, repair, alteration or demolition of any structure, building, tunnel or work and the preparatory work of land clearing or earth moving, and

(ii) work of any nature or kind designated by the Director as a project;

(ab) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(ac) "regularly employed" includes seasonal employment with a predictably recurring period of employment that exceeds four weeks, unless otherwise established by regulation or ordered by an officer;

(aca) "repeatedly" means occurring more than once within the preceding three year period;

(ad) "representative" means a health and safety representative selected pursuant to this Act;

(ae) "self-employed person" means a person who is engaged in an occupation on that person's own behalf and includes a person or persons operating a sole proprietorship but does not include a dependent contractor;

(aea) "serious injury" means an injury that endangers life or causes permanent injury;

(af) "supplier" means a person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device or any biological, chemical or physical agent to be used at or near a workplace;

(ag) "union" includes a trade union as defined in the Trade Union Act that has the status of bargaining agent under that Act in respect of any bargaining unit at a workplace, and includes an organization representing employees where the organization has exclusive bargaining rights under any other Act in respect of the employees;

(ah) "workplace" means any place where an employee or a self-employed person is or is likely to be engaged in any occupation and includes any vehicle or mobile equipment used or likely to be used by an employee or a self-employed person in an occupation.

[S.N.S. 2000, c. 28, s. 86; 2010, c. 66, s. 2; 2010, c. 37, s. 117; 2011, c. 24, s. 2; 2016, c. 14, s. 1]

Section 13 DUTIES AND PRECAUTIONS

13. (1) Every employer shall take every precaution that is reasonable in the circumstances to

(a) ensure the health and safety of persons at or near the workplace;

(b) provide and maintain equipment, machines, materials or things that are properly equipped with safety devices;

(c) provide such information, instruction, training, supervision and facilities as are necessary to the health or safety of the employees;

(d) ensure that the employees, and particularly the supervisors and foremen, are made familiar with any health or safety hazards that may be met by them at the workplace;

(e) ensure that the employees are made familiar with the proper use of all devices, equipment and clothing required for their protection; and

(f) conduct the employer's undertaking so that employees are not exposed to health or safety hazards as a result of the undertaking.

(2) Every employer shall

(a) consult and co-operate with the joint occupational health and safety committee, where such a committee has been established at the workplace, or the health and safety representative, where one has been selected at the workplace;

(b) co-operate with any person performing a duty imposed or exercising a power conferred by this Act or the regulations;

(c) provide such additional training of committee members or the representative as may be prescribed by the regulations;

(d) comply with this Act and the regulations and ensure that employees at the workplace comply with this Act and the regulations; and

(e) where an occupational health and safety policy or occupational health and safety program is required pursuant to this Act or the regulations, establish the policy or program.

(3) The employer at a subsea coal mine shall provide such additional resources or information for the committee as may be prescribed by the regulations.

[N.S. 2007, c. 14, s. 7; 2010, c. 66, s. 5]

Section 15

15. Every constructor shall take every precaution that is reasonable in the circumstances to ensure

(a) the health and safety of persons at or near a project;

(b) that the activities of the employers and self-employed persons at the project are co-ordinated;

(c) communication between the employers and self-employed persons at the project of information necessary to the health and safety of persons at the project, and facilitate communication with any committee or representative required for the project pursuant to this Act or the regulations;

(d) that the measures and procedures prescribed under this Act and the regulations are carried out on the project; and

(e) that every employee, self-employed person and employer performing work in respect of the project complies with this Act and the regulations.

Section 17

17. (1) Every employee, while at work, shall

(a) take every reasonable precaution in the circumstances to protect the employee's own health and safety and that of other persons at or near the workplace;

(b) co-operate with the employer and with the employee's fellow employees to protect the employee's own health and safety and that of other persons at or near the workplace;

(c) take every reasonable precaution in the circumstances to ensure that protective devices, equipment or clothing required by the employer, this Act or the regulations are used or worn;

(d) consult and co-operate with the joint occupational health and safety committee, where such a committee has been established at the workplace, or the health and safety representative, where one has been selected at the workplace;

(e) co-operate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(f) comply with this Act and the regulations.

(2) Where an employee believes that any condition, device, equipment, machine, material or thing or any aspect of the workplace is or may be dangerous to the employee's health or safety or that of any other person at the workplace, the employee shall

(a) immediately report it to a supervisor;

(b) where the matter is not remedied to the employee's satisfaction, report it to the committee or the representative, if any; and

(c) where the matter is not remedied to the employee's satisfaction after the employee reports in accordance with clauses (a) and (b), report it to the Division.

Section 18

18. Every self-employed person shall

(a) take every reasonable precaution in the circumstances to protect the self-employed person's own health and safety and that of other persons who may be affected by the self-employed person's undertaking;

(b) co-operate with any employer, joint occupational health and safety committee or health and safety representative that may be found at a place at which the self-employed person conducts an undertaking, to protect the self-employed person's own health and safety and that of other persons who may be affected by the undertaking;

(c) co-operate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(d) comply with this Act and the regulations.

Section 27

27. (1) Where

(a) five or more employees are regularly employed by an employer other than a constructor or contractor;

(b) five or more employees are regularly employed directly by a constructor or contractor, not including employees for whose services the constructor or contractor has contracted;

(c) the regulations require an occupational health and safety policy; or

(d) an officer so orders,

the employer shall prepare and review, at least annually, a written occupational health and safety policy, in consultation with the committee or representative, if any.

(2) Where this Act or the regulations do not require there to be a committee at a workplace, consultation on the development of the policy shall be carried out by the employer and shall include discussion of the proposed policy at one or more workplace health and safety meetings involving the employees.

(3) The policy shall express the employer's commitment to occupational health and safety and shall include

(a) the reasons for the employer's commitment to health and safety;

(b) the commitment of the employer to co-operate with the employees in pursuing occupational health and safety; and

(c) the responsibilities of the employer, supervisors and other employees in fulfilling the commitment required pursuant to clause (b).

[In force July 1, 1997]

Section 28

28. (1) Where

(a) twenty or more employees are regularly employed by an employer other than a constructor or contractor;

(b) twenty or more employees are regularly employed directly by a constructor or contractor, not including employees for whose services the constructor or contractor has contracted; or

(c) the regulations require an occupational health and safety program,

the employer shall establish and maintain a written occupational health and safety program, in consultation with the committee or representative, if any, that is adapted to the circumstances of the organization for the purpose of implementing the employer's policy, this Act and the regulations.

(2) The program shall include

(a) provision for the training and supervision of employees in matters necessary to their health and safety and the health and safety of other persons at the workplace;

(b) provision for the preparation of written work procedures required to implement safe and healthy work practices, including those required pursuant to this Act, the regulations or by order of an officer, and identification of the types of work for which the procedures are required at the employer's workplace;

(c) provision for the establishment and continued operation of a committee required pursuant to this Act, including maintenance of records of membership, rules of procedure, access to a level of management with authority to resolve health and safety matters and any information required under this Act or the regulations to be maintained in relation to a committee;

(d) provision for the selection and functions of a representative where required pursuant to this Act, including provision for access by the representative to a level of management with authority to resolve health and safety matters;

(e) a hazard identification system that includes

(i) evaluation of the workplace to identify potential hazards,

(ii) procedures and schedules for regular inspections,

(iii) procedures for ensuring the reporting of hazards and the accountability of persons responsible for the correction of hazards, and

(iv) identification of the circumstances where hazards must be reported by the employer to the committee or representative, if any, and the procedures for doing so;

(f) a system for workplace occupational health and safety monitoring, prompt follow-up and control of identified hazards;

(g) a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent recurrences;

(h) maintenance of records and statistics, including reports of occupational health and safety inspections and occupational health and safety investigations, with provision for making them available to persons entitled to receive them pursuant to this Act; and

(i) provision for monitoring the implementation and effectiveness of the program.

(3) The employer shall make available a copy of the program

(a) to the committee or representative, if any; and

(b) on request, to an employee at the workplace.

Section 29

29. (1) At every workplace where twenty or more persons are regularly employed, the employer shall establish and maintain one joint occupational health and safety committee or, at the discretion of the employer, more than one such committee and, where twenty or more persons are regularly employed by one or more constructors at a project, a constructor shall establish and maintain a joint occupational health and safety committee for the project.

(2) At a workplace where fewer than twenty persons are regularly employed, the Director may

(a) consult with the employer and employees at the workplace regarding whether a committee should be formed at the workplace; and

(b) order that a committee be established.

(3) Where an order respecting establishment of a committee is given pursuant to subsection (2), the employer shall ensure that the committee is chosen and functioning in accordance with this Act within fifteen days of receipt of the order.

Section 29A

29A. Notwithstanding Section 29, at a subsea coal mine where fewer than twenty persons are regularly employed, the employer shall establish and maintain a joint occupational health and safety committee where so prescribed by the regulations.

[N.S. 2007, c. 14, s. 7]

Section 30

30. (1) A committee shall consist of such number of persons as may be agreed to by the employer and the employees or their union or unions.

(2) At least half of the members of a committee shall be employees at the workplace who are not connected with the management of the workplace and the employer may choose up to one half of the members of the committee if the employer wishes to do so.

(3) The employees on the committee are to be determined by the employees they represent, or designated by the union that represents the employees.

(4) A committee shall meet at least once each month unless

(a) a different frequency is prescribed by the regulations; or

(b) the committee alters the required frequency of meetings in its rules of procedure.

(5) Where a committee alters the required frequency of meetings by its rules of procedure and the Director is not satisfied that the frequency of meetings is sufficient to enable the committee to effectively perform its functions, the frequency of meetings shall be as determined by the Director.

(6) An employee who is a member of a committee is entitled to such time off from work as is necessary to attend meetings of the committee, to take any training prescribed by the regulations and to carry out the employee's functions as a member of the committee, and such time off is deemed to be work time for which the employee shall be paid by the employer at the applicable rate.

(7) A committee shall establish its own rules of procedure and shall adhere to the applicable regulations.

(8) Unless a committee determines another arrangement for chairing the committee in its rules of procedure, two of the members of the committee shall co-chair the committee, one of whom shall be selected by the members who represent employees and the other of whom shall be selected by the other members.

(9) The rules of procedure established pursuant to subsection (7) shall include an annual determination of the method of selecting the person or persons who shall

(a) chair the committee; and

(b) hold the position of chair for the coming year.

(10) Where agreement is not reached on

(a) the size of the committee;

(b) the designation of employees to be members; or

(c) rules of procedure,

the Director shall determine the matter.

Section 31

31. It is the function of the committee to involve employers and employees together in occupational health and safety in the workplace and, without restricting the generality of the foregoing, includes

(a) the co-operative identification of hazards to health and safety and effective systems to respond to the hazards;

(b) the co-operative auditing of compliance with health and safety requirements in the workplace;

(c) receipt, investigation and prompt disposition of matters and complaints with respect to workplace health and safety;

(d) participation in inspections, inquiries and investigations concerning the occupational health and safety of the employees and, in particular, participation in an inspection referred to in Section 50;

(e) advising on individual protective devices, equipment and clothing that, complying with this Act and the regulations, are best adapted to the needs of the employees;

(f) advising the employer regarding a policy or program required pursuant to this Act or the regulations and making recommendations to the employer, the employees and any person for the improvement of the health and safety of persons at the workplace;

(g) maintaining records and minutes of committee meetings in a form and manner approved by the Director and providing an officer with a copy of these records or minutes on request; and

(h) performing any other duties assigned to it

(i) by the Director,

(ii) by agreement between the employer and the employees or the union, or

(iii) as are established by the regulations.

[S.N.S. 2010, c. 66, s. 8]

Section 33

33. (1) At a workplace where no committee is required pursuant to Section 29 and where the number of persons employed is five or more, the employer shall cause the employees to select at least one health and safety representative from among the employees at the workplace who are not connected with the management of the workplace.

(2) At a project where no committee is required pursuant to Section 29 and where the number of persons employed is five or more, a constructor shall cause the employees to select at least one health and safety representative for the purposes of the project from among the employees at the project who are not connected with the management at the project.

(3) At a workplace where fewer than five persons are employed, the Director may

(a) consult with the employer and employees at the workplace regarding whether a representative should be selected at the workplace; and

(b) order that a representative be selected by the employees from among the employees at the workplace who are not connected with the management of the workplace.

(4) Where an order respecting the selection of a representative is given pursuant to subsection (3), the employer shall ensure that the representative is selected and functioning in accordance with this Act within fifteen days of receipt of the order.

(5) An employee who is a representative is entitled to such reasonable time off from work as is necessary to carry out the employee's functions as a representative, and such time off is deemed to be work time for which the employee shall be paid by the employer at the applicable rate.

(6) It is the function of the representative to be involved, on behalf of the employees together with the employer, in occupational health and safety in the workplace and, without restricting the generality of the foregoing, includes

(a) the co-operative identification of hazards to health and safety and effective systems to respond to the hazards;

(b) the co-operative auditing of compliance with health and safety requirements in the workplace;

(c) receipt of and co-operation with the employer in the investigation and prompt disposition of matters and complaints with respect to workplace health and safety;

(d) participation in inspections, inquiries and investigations concerning the occupational health and safety of the employees and, in particular, participation in an inspection referred to in Section 50;

(e) advising on individual protective devices, equipment and clothing which, complying with this Act and the regulations, are best adapted to the needs of the employees;

(f) advising the employer regarding a policy or program required by this Act or the regulations and making recommendations to the employer, the employees and any person for the improvement of the health and safety of persons at the workplace; and

(g) performing any other duties assigned to the representative

(i) by the Director,

(ii) by agreement between the employer and the employees or the union, or

(iii) as are established by the regulations.

Section 34

34. (1) An employer who receives written recommendations from a committee or representative and a request in writing to respond to the recommendations, shall respond in writing to the committee or representative within twenty-one days, and the response shall

(a) indicate acceptance of the recommendations; or

(b) give reasons for the disagreement with any recommendations that the employer does not accept,

or, where it is not reasonably possible to provide a response before the expiry of the twenty-one day period, provide within that time a reasonable explanation for the delay, indicate to the committee or representative when the response will be forthcoming, and provide the response as soon as it is available.

(2) Where the committee or representative makes a request pursuant to subsection (1) and is not satisfied that the explanation provided for a delay in responding is reasonable in the circumstances, the chair or co-chairs of the committee, or representative, as the case may be, shall promptly report this fact to an officer.

Section 35

35. (1) An employer shall notify the committee or representative, if any, of the existence of reports of

(a) workplace occupational health or safety inspections; and

(b) workplace occupational health or safety monitoring or tests,

undertaken at the workplace by, or at the request of, an officer or the employer and, on request, the employer shall make the reports available to the committee or the representative.

(2) An employer shall make available to an employee at a workplace, on request, reports of

(a) workplace occupational health or safety inspections; and

(b) workplace occupational health or safety monitoring or tests,

undertaken at the workplace by, or at the request of, an officer or the employer.

(3) Within twenty-one days of receiving a request in writing from the committee, representative or, where there is no committee or representative, an employee at a workplace for any information of a health or safety nature other than that specified in subsection (1), the employer shall respond in writing and the response shall

(a) provide the requested information; or

(b) give reasons for not providing the information, in whole or in part,

and where it is not reasonably possible to provide a response before the expiry of the twenty-one day period, provide within that time a reasonable explanation for the delay, indicate to the committee, representative or employee when the response will be forthcoming and provide the response as soon as it is available.

(4) Where the committee, representative or employee makes a request pursuant to subsection (3) and is not satisfied that the explanation provided for a delay in responding is reasonable in the circumstances, the chair or co-chairs of the committee, the representative or the employee, as the case may be, shall promptly report this fact to an officer.

Section 37

37. The employer shall

(a) post and maintain the current names of the committee members or the representative, if any, and the means of contacting them; and

(b) post promptly, where there is a committee, the minutes of the most recent committee meeting and ensure they remain posted until superseded by minutes of the next committee meeting.

Section 39

39. (1) Where

(a) an officer makes an order pursuant to this Act or the regulations against an employer;

(b) a compliance notice is required of an employer pursuant to subsection 56(1); or

(c) an appeal is initiated or disposed of pursuant to Section 69,

the employer shall, subject to subsections (2) and (3), immediately

(d) post the order, compliance notice, notice of appeal or decision; and

(e) deliver a copy of the order, compliance notice, notice of appeal or decision to the committee or representative, if any.

(2) An officer may authorize in writing an officer's order to be edited to protect a trade secret, secret manufacturing process or confidential personal information, the disclosure of which is limited pursuant to this Act.

(3) Where an order is edited pursuant to subsection (2), the authorization of the officer shall be affixed to the order and it shall be posted in accordance with this Act in substitution for the unedited order.

[S.N.S. 2013, c. 41, s. 2]

Section 42

42. (1) Every employer shall permit an employee selected pursuant to subsection (2) to observe workplace occupational health or safety monitoring and the taking of samples ", tests or measurements where a significant part of the rationale is based on either health or safety of employees at the workplace, unless the monitoring or taking of samples, tests or measurements takes place

(a) continuously or on a regular and frequent basis, except to observe the initial setup of the workplace occupational health or safety monitoring process and to be informed and observe the monitoring where there has been a malfunction of the monitor or alteration in the process;

(aa) in a situation that would violate an employee's personal privacy;

(b) in a location that is remote and is part of the regular task of a person employed at the location; or

(c) during an emergency situation,

and time spent by the employee in such activities is deemed to be work time for which the employee shall be paid by the employer at the applicable rate.

(2) Where there is

(a) a committee or representative at a workplace, the employee who observes workplace occupational health or safety monitoring and the taking of samples or measurements shall be selected by the committee or representative, as the case may be; or

(b) no committee or representative at a workplace, the employee who observes workplace occupational health or safety monitoring and the taking of samples or measurements shall be selected by the employees.

(3) Every employer shall provide

(a) reasonable notice to an observer of the commencement of the occupational health or safety monitoring and of the taking of samples or measurements undertaken pursuant to subsection (1); and

(b) access to a workplace for the purpose of the observation.

(4) Where an observer requests, the procedure for occupational health or safety monitoring and the taking of samples or measurements shall be identified and explained to the observer.

(5) Where an owner, constructor or contractor performs occupational health or safety monitoring or takes samples or measurements that relate to the health or safety of employees at the workplace,

(a) the owner, constructor or contractor shall provide reasonable notice to all employers at the workplace of the commencement of the occupational health or safety monitoring and of the taking of samples or measurements; and

(b) the requirements of subsections (1) to (4) apply.

(6) Where the monitoring, samples or measurements referred to in subsection (1) are conducted by, or at the request of, an officer, the officer may undertake the monitoring, samples or measurements whether or not notice has been given pursuant to subsection (3) or (5).

[S.N.S. 2010, c. 66, s. 10]

Section 43

43. (1) Any employee may refuse to do any act at the employee's place of employment where the employee has reasonable grounds for believing that the act is likely to endanger the employee's health or safety or the health or safety of any other person until

(a) the employer has taken remedial action to the satisfaction of the employee;

(b) the committee, if any, has investigated the matter and unanimously advised the employee to return to work; or

(c) an officer has investigated the matter and has advised the employee to return to work.

(2) Where an employee exercises the employee's right to refuse to work pursuant to subsection (1), the employee shall

(a) immediately report it to a supervisor;

(b) where the matter is not remedied to the employee's satisfaction, report it to the committee or the representative, if any; and

(c) where the matter is not remedied to the employee's satisfaction after the employee has reported pursuant to clauses (a) and (b), report it to the Division.

(3) At the option of the employee, the employee who refuses to do any act pursuant to subsection (1) may accompany an officer or the committee or representative, if any, on a physical inspection of the workplace, or part thereof, being carried out for the purpose of ensuring others understand the reasons for the refusal.

(4) Notwithstanding subsection 50(8), an employee who accompanies an officer, the committee or a representative, as provided in subsection (3), shall be compensated in accordance with subsection (7), but the compensation shall not exceed that which would otherwise have been payable for the employee's regular or scheduled working hours.

(5) Subject to any applicable collective agreement, and subsection (3), where an employee refuses to do work pursuant to subsection (1), the employer may reassign the employee to other work and the employee shall accept the reassignment until the employee is able to return to work pursuant to subsection (1).

(6) Where an employee is reassigned to other work pursuant to subsection (5), the employer shall pay the employee the same wages or salary and grant the employee the same benefits as would have been received had the employee continued in the employee's normal work.

(7) Where an employee has refused to work pursuant to subsection (1) and has not been reassigned to other work pursuant to subsection (5), the employer shall, until clause (1)(a), (b) or (c) is met, pay the employee the same wages or salary and grant the employee the same benefits as would have been received had the employee continued to work.

(8) A reassignment of work pursuant to subsection (5) is not discriminatory action pursuant to Section 45.

(9) An employee may not, pursuant to this Section, refuse to use or operate a machine or thing or to work in a place where

(a) the refusal puts the life, health or safety of another person directly in danger; or

(b) the danger referred to in subsection (1) is inherent in the work of the employee.

Section 45

45. (1) In this Section and in Section 46, "discriminatory action" means an action that adversely affects an employee with respect to terms or conditions of employment or any opportunity for employment or promotion and includes dismissal, layoff, suspension, demotion, transfer of job or location, change in hours of work, coercion, intimidation, imposition of any discipline, reprimand or other penalty including reduction in wages, salary or other benefits, or the discontinuation or elimination of the job of the employee.

(2) No employer or union shall take, or threaten to take, discriminatory action against an employee because the employee has acted in compliance with this Act or the regulations or an order or direction made thereunder or has sought the enforcement of this Act or the regulations or, without limiting the generality of the foregoing, because

(a) of the participation of the employee in, or association with, a committee or the employee has sought the establishment of a committee or performed functions as a committee member;

(b) of the association of the employee with a representative or the employee has sought the selection of a representative or performed functions as a representative;

(c) the employee has refused to work pursuant to subsection 43(1);

(d) the employee has sought access to information to which the employee is entitled by this Act or the regulations, or has been assigned the role of observer pursuant to Section 42;

(e) the employee has testified or is about to testify in any proceeding or inquiry pursuant to this Act or the regulations; or

(f) the employee has given information to the committee, a representative, an officer or other person concerned with the administration of this Act or the regulations with respect to the health and safety of employees at the workplace,

unless the employer or union, as the case may be, establishes that such action is solely motivated by legitimate business reasons.

(3) On an inquiry into a complaint pursuant to Section 46 alleging that there has been a failure by an employer or a union to comply with subsection (2), the burden of proving that there has been no such failure is upon the employer or the union, as the case may be.

Section 50

50. (1) For the purpose of this Section, "inspection" means a physical inspection of a workplace, or any part or parts of a workplace, pursuant to the powers conferred upon an officer pursuant to Section 47.

(2) Where an officer conducts an inspection,

(a) the employer shall give the representative or an employee member of the committee, if any; and

(b) a representative of the employer shall have,

the opportunity to accompany the officer during the officer's inspection.

(3) Where there is no committee member representing employees or representative available, the officer may select one or more employees who shall accompany the officer during the officer's inspection.

(4) Where a representative or employee member of the committee is unavailable to accompany the officer during the officer's inspection, the officer shall endeavour to consult with a reasonable number of employees during the inspection.

(5) For greater certainty, where

(a) a person referred to in clause (2)(a) or (b) is unavailable to accompany an officer during the officer's inspection; and

(b) in the officer's opinion it is necessary to proceed with the inspection without accompaniment,

the officer may conduct the inspection without accompaniment.

(6) Notwithstanding subsections (2) and (3) and subject to subsection (7), an officer may question any person who is or was in a workplace either separate and apart from another person or in the presence of any other person regarding anything that is or may be relevant to the officer's inspection, examination, investigation, inquiry or test.

(7) The individual who is questioned pursuant to subsection (6) may request to be accompanied and may be accompanied by another person during the questioning.

(8) Subject to subsection 43(4), time spent by a committee member, representative or employee in accompanying or consulting with an officer during an inspection is deemed to be work time for which the committee member, representative or employee shall be paid by the employer at the applicable rate.

Section 59

59. (1) Subject to Section 61, unless the employer has received from the Director specific written direction to the contrary and the direction has not been revoked by the Director, the employer shall prepare a list of all chemical substances regularly used, handled, produced or otherwise present at the workplace that may be a hazard to the health or safety of the employees or that are suspected by the employees of being such a hazard, and the list shall identify all chemical substances by their common or generic names where they are known to the employer.

(2) The list referred to in subsection (1) shall include the trade name and the address of the supplier and manufacturer of any chemical substance, the chemical composition or common or generic name of which is unknown to the employer.

(3) The employer shall advise the committee at the workplace or the representative, if any, of the list referred to in this Section and any amendments to the list and, where there is no committee or representative, the employer shall advise the employees, the union, if any, a self-employed person and an officer upon request by any of them.

Section 63

63. (1) The employer shall notify the Director

(a) as soon as possible, but in no case later than twenty-four hours, after a fire, flood or accident at the workplace that causes

(i) unconsciousness,

(ii) a fracture of the skull, spine, pelvis, arm, leg, ankle, wrist or a major part of the hand or foot,

(iii) loss or amputation of a leg, arm, hand, foot, finger or toe,

(iv) a third degree burn to any part of the body,

(v) loss of sight in one or both eyes,

(vi) asphyxiation or poisoning,

(vii) any injury that requires the admission to hospital, or

(viii) any injury that endangers the life,

of an employee, unless the injury can be treated by immediate first aid or medical treatment and the person can return to work the following day;

(b) as soon as possible, but in no case later than twentyfour hours, after

(i) an accidental explosion,

(ii) a major structural failure or collapse of a building or other structure,

(iii) a major release of a hazardous substance, or

(iv) a fall from a work area in circumstances where fall protection is required by the regulations,

at the workplace, whether any person is injured or not; and

(c) immediately when a person is killed from any cause, or is injured from any cause in a manner likely to prove fatal, at the workplace.

(2) A true copy of the notice of accident required to be given by an employer to the Workers' Compensation Board, pursuant to the Workers' Compensation Act , may be delivered to the Director as sufficient notice pursuant to this Section if it is delivered within the time required in subsection (1).

(3) Where notice is required to be sent to the Director pursuant to this Section, the employer shall notify the committee or representative at the workplace, if any.

[S.N.S. 2010, c. 66, s. 12; 2016, c. 14, s. 4]

Section 83

83. (1) Where an application is made in writing to the Director for authorization to deviate at a workplace or workplaces from a provision of the regulations, unless the standard to be used by the Director in considering an application is altered by regulation, the Director may authorize the deviation where the Director is satisfied that the deviation affords protection for the health and safety of employees equal to or greater than the protection prescribed by the regulations from which the deviation is requested.

(2) The Director may attach such terms and conditions to an authorization of a deviation pursuant to subsection (1) as the Director considers advisable.

(3) Subsections (4) to (13) apply to an application for a deviation made pursuant to subsection (1) unless

(a) the processes required pursuant to those subsections are altered by regulation; or

(b) a notice period is reduced or eliminated pursuant to subsection (15).

(4) Where the workplace location or locations exist for which a deviation pursuant to subsection (1) is requested, unless

(a) the committee or representative at a workplace, if any; or

(b) where there is no committee or representative, all the employees at the workplace,

agree otherwise, upon applying for a deviation, the applicant for the deviation shall post a copy of the application, ensure it remains posted for at least twenty-eight days and furnish a copy to the committee or representative, if any, at the workplace.

(5) Where the workplace location or locations for which a deviation pursuant to subsection (1) is requested are not yet in existence, the applicant shall, upon applying for a deviation, publish, at the applicant's cost, a notice of the application for a deviation

(a) that contains information regarding the deviation being requested; and

(b) where it would reasonably be expected to come to the attention of persons interested in health and safety who might be affected by the decision regarding the deviation.

(6) After receiving an application for a deviation pursuant to subsection (1), the Director may conduct such consultation or give such notice of the application as the Director considers advisable.

(7) The applicant for a deviation pursuant to subsection (1) shall submit with the application, at the applicant's cost,

(a) the technical information required to enable the Director to determine the application;

(b) information with respect to the benefits and drawbacks to health and safety that might reasonably be anticipated if the deviation is authorized; and

(c) any fee prescribed by the regulations.

(8) The applicant for a deviation pursuant to subsection (1) for an existing workplace location or locations shall ensure that the information required pursuant to clauses (7)(a) and (b) is made available for examination at the applicant's workplace by the committee or representative, if any, and by the employees.

(9) The Director may make available the information required pursuant to clauses (7)(a) and (b) to any person for examination on request.

(10) A decision by the Director pursuant to subsection (1) shall

(a) not be made less then twenty-eight days following the date of the application; and

(b) be accompanied by written reasons for the decision that shall include

(i) the information considered in arriving at the decision and the rationale for the decision;

(ii) the specifics of a deviation that is authorized, including the location of the workplace or workplaces where the deviation applies; and

(iii) the details of any terms or conditions attached to the authorization of a deviation.

(11) The applicant for a deviation pursuant to subsection (1) shall ensure that

(a) a copy of the Director's decision is

(i) posted for at least seven days, or longer if additional time is necessary to enable employees at the workplace to inform themselves of the content, and

(ii) furnished to the committee or representative, if any, at the workplace; and

(b) where a deviation is authorized, a copy of the Director's decision is posted and maintained throughout the time the deviation is in effect.

(12) The Director shall provide a copy of the decision referred to in subsection (10) to anyone from whom the Director has received a written response to the application for a deviation pursuant to subsection (1).

(13) In applying a regulation for which a deviation pursuant to subsection (1) is authorized, a deviation and any terms and conditions authorized pursuant to this Section shall, while the deviation is in effect, be substituted for the prescription or requirement in the regulations.

(14) The Director may, at the initiative of the Director or upon application, reconsider, confirm, vary, revoke or suspend the Director's decision regarding a deviation at any time when information is produced that, had it been known when the request for the deviation was determined previously, would reasonably be expected to have resulted in a different decision from the one made at that time, and subsections (1) to (13) apply with the necessary modifications.

(15) Notwithstanding the periods of notice required pursuant to this Section, where information that was not available at the time a decision was made by the Director regarding a deviation pursuant to this Section is produced that indicates that imminent danger might result as a result of the deviation, the Director may reduce or eliminate a period of notice required pursuant to this Section.

Blasting Safety Regulations
N.S. Reg. 89/2008

Section 12 Blasting incident reports

12. (1) In this Section,

(a) "blast log" means a log made under Section 13;

(b) "blasting incident" means 1 of the following occurrences:

(i) a misfire or a suspected misfire,

(ii) the presence of any fire, heat or gas that creates a risk of an explosive detonating accidentally,

(iii) injury to any person or damage to property from flying material,

(iv) flying material leaving the workplace;

(c) "blasting incident report" means a report made in accordance with subsection (3).

(2) If a blasting incident occurs, an employer, in consultation with a blaster, must do all of the following:

(a) notify the Director in writing no later than 24 hours after the time of the blasting incident;

(b) submit a blasting incident report and a copy of the blast log to the Director as soon as reasonably practicable;

(c) if 1 or more committees have been established at the workplace, give each committee a copy of the blasting incident report and a copy of the blast log as soon as reasonably practicable;

(d) if 1 or more representatives have been selected at the workplace, give each representative a copy of the blasting incident report and a copy of the blast log as soon as reasonably practicable;

(e) consult with the committee or committees and the representative or representatives, if any have been established or selected, about actions that may prevent a future blasting incident similar to the one that has occurred;

(f) take every precaution that is reasonable in the circumstances to prevent a future blasting incident similar to the one that has occurred.

(3) A blasting incident report must include all of the following:

(a) a summary of the blasting incident;

(b) the date and time of the blasting incident;

(c) the location of the blasting incident;

(d) if a supervisor was directing work in the blasting area, the name of the supervisor;

(e) the name of the blaster under whose direction and control the blasting operation was conducted;

(f) the names of all blasters involved in the blasting operation, together with their blaster certificate numbers;

(g) the name and telephone number of the person completing the blasting incident report;

(h) the names and addresses of all persons who witnessed the blasting incident;

(i) if any person was injured as a result of the blasting incident, the name and address of the person and a description of the injuries sustained;

(j) if any property damage occurred as a result of the blasting incident, a description of the property damage;

(k) a description of the weather at the time of the blasting incident;

(l) if the blasting incident occurred during or as a result of a blast, how the blast was initiated;

(m) the employer's assessment of the cause of the blasting incident;

(n) a description of actions that may prevent a future blasting incident similar to the one that is the subject of the blasting incident report.

Section 13 Blast logs

13. (1) A blaster with direction and control of a blasting operation must make a blast log for the blast.

(2) An employer must ensure that a blaster makes a blast log.

(3) A blaster must give a copy of a completed blast log to their employer as soon as reasonably possible and, if reasonably practicable, before the end of the day on which the inspection conducted after the blast is concluded as required by Section 84.

(4) An employer must keep the copy of a blast log received from a blaster for at least 3 years after the date of the blast.

(5) A blast log must include all of the following information:

(a) the date and time of the blast;

(b) the location of the blast;

(c) the name, address and telephone number of the employer;

(d) the name, blaster certificate number and signature of the blaster who had direction and control of the blasting operation;

(e) the distance from the nearest house, residence, shop, church, school or other structure occupied in whole or in part by people;

(f) the distance from the nearest structure other than one referred to in clause (e);

(g) how the blast was initiated;

(h) the following drilling and loading characteristics for each hole or for each group of holes sharing the same characteristics:

(i) hole identifier number,

(ii) hole diameter,

(iii) hole depth,

(iv) burden,

(v) spacing,

(vi) quantity of explosives planned to be loaded in each hole, recorded in kilograms,

(vii) total quantity of explosives planned to be used for the blasting operation, recorded in kilograms,

(viii) type and length of stemming,

(ix) type and brand of explosive,

(x) type of detonator;

(i) a sketch of the loading pattern for the blast;

(j) the total quantity of explosives actually loaded into each hole, recorded in kilograms;

(k) the maximum quantity of explosives per delay, recorded in kilograms;

(l) the specifics of the delay pattern;

(m) the number of detonators used in the blast;

(n) the period numbers of the detonators used in the blast;

(o) the resistance in the electric blasting circuit as tested under subsection 78(2), recorded in ohms;

(p) the type of warning signal used;

(q) whether blasting mats were used;

(r) whether warning signs were posted on all public roads near the blasting area, leading to the blasting area and leading from the blasting area;

(s) whether all roads and approaches were guarded or barricaded;

(t) the results of the inspection of the blasting area conducted after the blast as required by Section 84;

(u) whether a misfire occurred;

(v) whether there was any injury to persons or damage to property resulting from the blast.

Section 24 Consulting committees and representatives

24. (1) If 1 or more committees have been established at the workplace, an employer must consult with each committee when preparing a work procedure for specialized blasting or for a special case blast.

(2) If 1 or more representatives have been selected at the workplace, an employer must consult with each representative when preparing a work procedure for specialized blasting or for a special case blast.