Editing Canada Labour Code (section)

=== Part 2: Occupational Health and Safety ===

This part of the Code deals with maintaining the [[health]] and [[safety]] of workers in the workplace. It focuses on the recognition and [[hazard prevention|prevention]] of [[hazard]]s. The beginning of this part states the purpose here "is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment." [s.122.1]

Sections 124 and 125 set out the duties of employers with regard to the health and safety of their employees. A list is provided of 45 general and specific duties for the employer to follow. For example, these duties include providing [[first-aid]] facilities, [[potable water]], sanitary and personal facilities (i.e., [[washroom]]s), prescribed safety materials, equipment, devices and [[protective clothing|clothing]], safety manuals in telecommunications companies and other industries and so on. These duties extend beyond the workplace and include all areas in which an employee may travel in the course of a work day. The employers are responsible for employees, that is with those with whom they are in an employment relationship. As well, the employer has responsibility to ensure other persons, including visitors and contractors, do not imperil employee safety. Sections 122.3 and 132 establish conditions for employees with a [[disabled|special needs]] and [[pregnant]] and nursing employees.

Section 126 sets out the duties of employees. It is their duty to "take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee's acts or omissions" [s.126(1)(c)] and to use any safety features that the employer provides.

In cases of conflict between the employee and employer sections 127.1 and 128 set out a resolution process. An employee is permitted to "refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that the performance of the activity constitutes a danger to the employee or to another employee." [s.128 (1)(c)] All [[complaint]]s must be reasonably investigated to find if the claim is justified.

In order to facilitate investigations sections 134 to 140 establish requirements, regulations, and procedures for health and safety committees, representatives, and officers. For workplaces with 20 or more employees, a committee must be established consisting of at least two employees. For workplaces with fewer than 20 employees, at least one representative must be selected by the non-managerial employee as a Health and Safety Representative. The employer must be readily accessible to this representative in order to address health and safety matters. Officers are delegated authorities for enforcing the Code by the Minister of Labour and investigate incidents and complaints concerning health and safety in the workplace. Violations for this part of the Labour Code can be punishable by up to two years in [[Prison|jail]] and a $1,000,000 [[Fine (penalty)|fine]] as set out in section 148. A death or injury that resulted in combination with a violation of this part of the act can be viewed as a [[criminal act]] and [[prosecute]]d as such.

Special conditions are set out for [[coal mine]]s. Section 137.1 establishes the composition, procedures and regulations of a Coal Mining Safety Commission. Section 125.3 requires employers to submit their plans and procedures to this commission.