WHMIS

Alberta Legislation

Alberta Supervisor Due Diligence

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

The following is © 1995 - 2010 Government of Alberta.

OCCUPATIONAL HEALTH AND SAFETY CODE 2009

Part 2 Hazard Assessment, Elimination and Control

Hazard assessment
7(1) An employer must assess a work site and identify existing and potential
hazards before work begins at the work site or prior to the construction of a new
work site.
7(2) An employer must prepare a report of the results of a hazard assessment
and the methods used to control or eliminate the hazards identified.
7(3) An employer must ensure that the date on which the hazard assessment
is prepared or revised is recorded on it.
7(4) An employer must ensure that the hazard assessment is repeated
(a) at reasonably practicable intervals to prevent the development of
unsafe and unhealthy working conditions,
(b) when a new work process is introduced,
(c) when a work process or operation changes, or
(d) before the construction of significant additions or alterations to a
work site.
7(5) A prime contractor must ensure that any employer on a work site is made
aware of any existing or potential work site hazards that may affect that
employer’s workers.

Worker participation
8(1) An employer must involve affected workers in the hazard assessment
and in the control or elimination of the hazards identified.
8(2) An employer must ensure that workers affected by the hazards identified
in a hazard assessment report are informed of the hazards and of the methods
used to control or eliminate the hazards.

Hazard elimination and control
9(1) If an existing or potential hazard to workers is identified during a hazard
assessment, an employer must take measures in accordance with this section to
(a) eliminate the hazards, or
(b) if elimination is not reasonably practicable, control the hazard.
9(2) If reasonably practicable, an employer must eliminate or control a hazard
through the use of engineering controls.
9(3) If a hazard cannot be eliminated or controlled under subsection (2), the
employer must use administrative controls that control the hazard to a level as
low as reasonably achievable.
9(4) If the hazard cannot be eliminated or controlled under subsections (2) or
(3), the employer must ensure that the appropriate personal protective
equipment is used by workers affected by the hazard.
9(5) If the hazard cannot be eliminated or controlled under subsections (2), (3)
or (4), the employer may use a combination of engineering controls,
administrative controls or personal protective equipment if there is a greater
level of worker safety because a combination is used.

Emergency control of hazard
10(1) If emergency action is required to control or eliminate a hazard that is
dangerous to the safety or health of workers,
(a) only those workers competent in correcting the condition, and the
minimum number necessary to correct the condition, may be exposed
to the hazard, and
(b) every reasonable effort must be made to control the hazard while the
condition is being corrected.
10(2) Sections 7(2) and 7(3) do not apply to an emergency response during the
period that emergency action is required.

Health and safety plan
11 If ordered to do so by a Director, an employer must prepare and
implement a health and safety plan that includes the policies, procedures and
plans to prevent work site incidents and occupational diseases at the work site.

Part 3 Specifications and Certifications

Following specifications
12 An employer must ensure that
(a) equipment is of sufficient size, strength and design and made of
suitable materials to withstand the stresses imposed on it during its
operation and to perform the function for which it is intended or was
designed,
(b) the rated capacity or other limitations on the operation of the
equipment, or any part of it, or on the supplies as described in the
manufacturer’s specifications or specifications certified by a
professional engineer, are not exceeded,
(c) modifications to equipment that may affect its structural integrity or
stability are performed in accordance with the manufacturer’s
specifications or specifications certified by a professional engineer,
and
(d) equipment and supplies are erected, installed, assembled, started,
operated, handled, stored, serviced, tested, adjusted, calibrated,
maintained, repaired and dismantled in accordance with the
manufacturer’s specifications or the specifications certified by a
professional engineer.

Manufacturer’s and professional engineer’s specifications
13(1) If this Code requires anything to be done in accordance with a
manufacturer’s specifications, an employer may, instead of complying strictly with the manufacturer’s specifications, comply with modified specifications
certified by a professional engineer.
13(2) If this Code requires anything to be done in accordance with
manufacturer’s specifications and they are not available or do not exist, an
employer must
(a) develop and comply with procedures that are certified by a
professional engineer as designed to ensure the thing is done in a safe
manner, or
(b) have the equipment certified as safe to operate by a professional
engineer at least every 12 calendar months.

Certification by a professional engineer
14(1) If this Code requires that procedures or specifications be certified by a
professional engineer, the certification must
(a) be in writing, and
(b) be stamped and signed by the professional engineer.
14(2) Unless the document states otherwise, certification by a professional
engineer implies that the procedures or specifications certified are fit and safe for
the workers affected by them.

Approved equipment
15 If this Code requires equipment to be approved by a named organization,
an employer must use best efforts to ensure that the seal, stamp, logo or similar
identifying mark of that organization is on the equipment and legible.

Part 12 General Safety Precautions

Housekeeping
185 An employer must ensure that a work site is kept clean and free from
materials or equipment that could cause workers to slip or trip.

Lighting
186(1) An employer must ensure that lighting at a work site is sufficient to
enable work to be done safely.
186(2) An employer must ensure that a light source above a working or walking
surface is protected against damage.
186(3) An employer must ensure that there is emergency lighting at a work site
if workers are in danger if the normal lighting system fails.
186(4) Emergency lighting must generate enough light so that workers can
(a) leave the work site safely,
(b) start the necessary emergency shut‐down procedures, and
(c) restore normal lighting.

Pallets and storage racks
187(1) An employer must ensure that pallets used to transport or store materials
or containers are loaded, moved, stacked, arranged and stored in a manner that
does not create a danger to workers.
187(2) An employer must ensure that racks used to store materials or equipment
(a) are designed, constructed and maintained to support the load placed
on them, and
(b) are placed on firm foundations that can support the load.
187(3) A worker must report any damage to a storage rack to an employer as
quickly as is practicable.
187(4) The employer and the workers at a work site must take all reasonable
steps to prevent storage racks from being damaged to the extent that their
integrity as structures is compromised.

Placement of roofing materials
187.1(1) An employer must ensure that supplies and roofing materials stored on
the roof of a residential building under construction are located not less than 2
metres from a roof edge.
187.1(2) An employer must ensure that the weight of supplies and roofing
materials referred to in subsection (1) is uniformly distributed.

Restraining hoses and piping
188(1) An employer must ensure that a hose or piping and its connections
operating under pressure are restrained if workers could be injured by its
movement if it fails or if it is disconnected.
188(2) Despite subsection (1), if a hose or piping and its connections operating at
a working pressure of 2000 kilopascals or more cannot be restrained, in order to
prevent a failure that could injure workers, an employer must ensure that the
hose or piping and its connections are designed, installed, used, inspected and
maintained
(a) in accordance with the manufacturer’s specifications, or
(b) in accordance with specifications certified by a professional engineer.
188(3) Subsection (1) does not apply to properly maintained fire hoses used by
competent workers.

Securing equipment and materials
189 If a worker may be injured if equipment or material is dislodged, moved,
spilled or damaged, both the employer and the worker must take all reasonable
steps to ensure the equipment or material is contained, restrained or protected to
eliminate the potential danger.

 

Skeleton structures
190(1) An employer must ensure that the erection drawings and procedures for
a project that includes connecting the structural parts of a skeleton structure are
prepared and certified by a professional engineer.
190(2) The erection drawings and procedures referred to in subsection (1) must
(a) show the sequence in which the structure is to be erected,
(b) show the horizontal and vertical placement of base structures and
footings, and
(c) ensure that the structure is stable during assembly.
190(3) If the erection procedures referred to in subsection (1) must be changed
because of site conditions or unanticipated loads on the skeleton structure, the
employer must ensure that the changed, additional or alternative procedures are
prepared and certified by a professional engineer before they are implemented.
190(4) An employer must ensure that a competent worker at a work site where a
skeleton structure is being erected
(a) coordinates the operation until the structure is permanently
stabilized, and
(b) directs the removal of the temporary supporting structures.

Signallers
191(1) If this Code requires signals to be given by a designated signaller, an
employer must designate a competent worker to give the signals.
191(2) An employer must ensure that, if the designated signaller uses hand
signals, the signaller wears a highly visible vest, armlet or other piece of clothing
that clearly identifies the worker as a designated signaller.
191(3) A designated signaller using hand signals must wear the vest, armlet or
other piece of clothing required by the employer under subsection (2).
191(4) Before giving a signal to proceed, a designated signaller must ensure that
there are no hazards in the vicinity.
191(5) If a signaller is designated, an equipment operator must take signals only
from the designated signaller.
191(6) An employer must ensure that only one designated signaller at a time
gives signals to an equipment operator.
191(7) Despite subsections (5) and (6), an equipment operator must take a
“STOP” signal from a worker who is not a designated signaller.
191(8) Despite subsections (5) and (6), if signals cannot be transmitted properly
between a designated signaller and an equipment operator, an employer must
ensure that
(a) additional designated signallers are available to transmit signals, or
(b) a means of ensuring clear and complete communication other than
using designated signallers is provided.

Stabilizing masonry walls
192 An employer must ensure that temporary supporting structures
(a) are used to stabilize a masonry wall that is more than 2 metres high

 

during its erection, and
(b) are not removed until the wall is permanently stabilized.

Tire servicing
193(1) An employer must ensure that a competent worker services, inspects,
disassembles and reassembles a tire or tire and wheel assembly in accordance
with the manufacturer’s specifications.
193(2) An employer must ensure that the manufacturer’s service manuals for
tires and wheels serviced by the employer are readily available to workers.
193(3) An employer must ensure that a competent worker inflates a tire
mounted on a split‐rim or locking ring wheel only if
(a) the wheel assembly is in a tire cage or is similarly restrained, and
(b) flying parts from split‐rim or locking ring failure or tire rupture can
be contained.
193(4) An employer must ensure that a worker uses a clamp‐on type of
connector to inflate split rim and locking ring wheels.
193(5) If a clamp‐on type of connector is used to inflate a tire, the employer must ensure that the worker
(a) uses an in line pressure gauge and positive pressure control, and
(b) inflates the tire from a safe position out of the immediate danger area.
193(6) A person must not inflate a tire with a clamp on type of connector unless
the person is in a safe position and out of the immediate danger area.

Vehicle traffic control
194(1) If vehicle traffic at a work site is dangerous to workers on foot, in vehicles
or on equipment, an employer must ensure that the traffic is controlled to protect
the workers.
194(2) An employer must ensure that a worker on foot and exposed to traffic
wears a highly visible piece of clothing.
194(3) A worker on foot and exposed to traffic must wear a highly visible piece
of clothing.
194(4) If a worker is designated by an employer to control traffic, the employer
must ensure that the designated traffic controller wears a highly visible piece of
clothing that
(a) clearly identifies the worker as a designated traffic controller, and
(b) is retroreflective if the worker is controlling traffic in the dark or
visibility is poor.
194(5) A worker designated to control traffic must wear a highly visible piece of
clothing that complies with subsection (4).
194(6) If a worker is designated by an employer to control traffic, the employer
must ensure that the designated traffic controller uses a handheld signal light if it
is dark or visibility is poor.
194(7) If traffic on a public highway is dangerous to workers, an employer must
protect the workers from the traffic using
(a) warning signs,
(b) barriers,
(c) lane control devices,
(d) flashing lights,
(e) flares,
(f) conspicuously identified pilot vehicles,
(g) automatic or remote‐controlled traffic control systems,
(h) designated persons directing traffic, or
(i) methods described in the Manual of Uniform Traffic Control Devices for Canada (1998), and its updates, published up to and including June 30, 2009 by the Transportation Association of Canada.

Working on ice
195(1) If a worker is to work on ice and the water beneath the ice is more than
1 metre deep at any point, an employer must ensure the ice will support the load
to be placed on it.
195(2) The employer must test the ice for the purposes of subsection (1)
(a) before work begins, and
(b) as often during the work as necessary to ensure the safety of the
workers.

Part 13 Joint Work Site Health and Safety Committee

Ministerial order
196 This Part applies to a work site that is required to have a joint work site
health and safety committee by Ministerial Order under section 31 of the Act.
Members
197 A joint work site health and safety committee must have, subject to
section 31(3) of the Act,
(a) at least two but not more than six worker members, and
(b) at least one but not more than six employer members.

Term of membership
198(1) Members of a joint work site health and safety committee hold office for a
term of not less than one year and may continue to hold office until their
successors are elected or appointed.
198(2) Members of a joint work site health and safety committee may be reelected or re appointed for further terms.
198(3) Despite subsection (1), a member of a joint work site health and safety
committee may be replaced at any time during that member’s term of office by
those persons whom the member represents.

Election of worker members
199(1) Worker members of the joint work site health and safety committee must
be elected by workers employed at the work site who do not exercise any
managerial function on behalf of the employer.
199(2) Despite subsection (1), workers employed at the work site who belong to
a trade union or worker association may, in accordance with the constitution or
by laws of the trade union or worker association, elect to the joint work site
health and safety committee the number of worker members proportionate to the
number of workers at the work site who belong to that trade union or worker
association.
199(3) To be eligible to be elected a worker member, a person must work at the
work site where the joint work site health and safety committee is established.

Appointment of employer members
200(1) Employer members of a joint work site health and safety committee must
be appointed to the committee by the employer or prime contractor.
200(2) To be eligible to be appointed as an employer member, a person must be
employed at the work site where the joint work site health and safety committee
is established.

Co-chairs of committee
201(1) A joint work site health and safety committee must have two co‐chairs.
201(2) Worker members must select one co chair from among themselves.
201(3) Employer members must select one co chair from among themselves.

Recording and posting minutes
202 The co chair selected by employer members must ensure that
(a) minutes of each meeting of the joint work site health and safety
committee are recorded,
(b) copies of the minutes are given to the employer within seven days
after the day the meeting was held, and
(c) copies of the minutes are posted at the work site within seven days
after the day the meeting was held.

Meetings
203(1) The joint work site health and safety committee must meet within 10 days
of its establishment and thereafter at least once in each calendar month.
203(2) The joint work site health and safety committee must convene special
meetings if requested to do so by a Director of Inspection.

Quorum
204 A quorum of a joint work site health and safety committee is one half of
the members if
(a) both worker and employer members are present, and
(b) at least one half of those present are worker members.

Attendance by an officer
205 An officer may attend a meeting of a joint work site health and safety
committee.

Duty to inspect work site
206 A joint work site health and safety committee must perform inspections
at the work site at least once before each regular meeting of the committee.

Co-chairs present during inspection
207(1) If an officer inspects a work site, the joint work site health and safety
committee co chairs, or their designates, may be present at that inspection unless the officer asks that they not be there.
207(2) An officer must not make a request under subsection (1) unless, in the officer’s opinion, special circumstances exist that would prevent the officer from
making a proper inspection if the members of the joint work site health and
safety committee or their designates were present during the inspection.
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ue Diligence - La diligence raisonnable

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

The following is © 1995 - 2010 Government of Alberta.

OCCUPATIONAL HEALTH AND SAFETY CODE 2009

Part 2 Hazard Assessment, Elimination and Control

Hazard assessment
7(1) An employer must assess a work site and identify existing and potential
hazards before work begins at the work site or prior to the construction of a new
work site.
7(2) An employer must prepare a report of the results of a hazard assessment
and the methods used to control or eliminate the hazards identified.
7(3) An employer must ensure that the date on which the hazard assessment
is prepared or revised is recorded on it.
7(4) An employer must ensure that the hazard assessment is repeated
(a) at reasonably practicable intervals to prevent the development of
unsafe and unhealthy working conditions,
(b) when a new work process is introduced,
(c) when a work process or operation changes, or
(d) before the construction of significant additions or alterations to a
work site.
7(5) A prime contractor must ensure that any employer on a work site is made
aware of any existing or potential work site hazards that may affect that
employer’s workers.

Worker participation
8(1) An employer must involve affected workers in the hazard assessment
and in the control or elimination of the hazards identified.
8(2) An employer must ensure that workers affected by the hazards identified
in a hazard assessment report are informed of the hazards and of the methods
used to control or eliminate the hazards.

Hazard elimination and control
9(1) If an existing or potential hazard to workers is identified during a hazard
assessment, an employer must take measures in accordance with this section to
(a) eliminate the hazards, or
(b) if elimination is not reasonably practicable, control the hazard.
9(2) If reasonably practicable, an employer must eliminate or control a hazard
through the use of engineering controls.
9(3) If a hazard cannot be eliminated or controlled under subsection (2), the
employer must use administrative controls that control the hazard to a level as
low as reasonably achievable.
9(4) If the hazard cannot be eliminated or controlled under subsections (2) or
(3), the employer must ensure that the appropriate personal protective
equipment is used by workers affected by the hazard.
9(5) If the hazard cannot be eliminated or controlled under subsections (2), (3)
or (4), the employer may use a combination of engineering controls,
administrative controls or personal protective equipment if there is a greater
level of worker safety because a combination is used.

Emergency control of hazard
10(1) If emergency action is required to control or eliminate a hazard that is
dangerous to the safety or health of workers,
(a) only those workers competent in correcting the condition, and the
minimum number necessary to correct the condition, may be exposed
to the hazard, and
(b) every reasonable effort must be made to control the hazard while the
condition is being corrected.
10(2) Sections 7(2) and 7(3) do not apply to an emergency response during the
period that emergency action is required.

Health and safety plan
11 If ordered to do so by a Director, an employer must prepare and
implement a health and safety plan that includes the policies, procedures and
plans to prevent work site incidents and occupational diseases at the work site.

Part 3 Specifications and Certifications

Following specifications
12 An employer must ensure that
(a) equipment is of sufficient size, strength and design and made of
suitable materials to withstand the stresses imposed on it during its
operation and to perform the function for which it is intended or was
designed,
(b) the rated capacity or other limitations on the operation of the
equipment, or any part of it, or on the supplies as described in the
manufacturer’s specifications or specifications certified by a
professional engineer, are not exceeded,
(c) modifications to equipment that may affect its structural integrity or
stability are performed in accordance with the manufacturer’s
specifications or specifications certified by a professional engineer,
and
(d) equipment and supplies are erected, installed, assembled, started,
operated, handled, stored, serviced, tested, adjusted, calibrated,
maintained, repaired and dismantled in accordance with the
manufacturer’s specifications or the specifications certified by a
professional engineer.

Manufacturer’s and professional engineer’s specifications
13(1) If this Code requires anything to be done in accordance with a
manufacturer’s specifications, an employer may, instead of complying strictly with the manufacturer’s specifications, comply with modified specifications
certified by a professional engineer.
13(2) If this Code requires anything to be done in accordance with
manufacturer’s specifications and they are not available or do not exist, an
employer must
(a) develop and comply with procedures that are certified by a
professional engineer as designed to ensure the thing is done in a safe
manner, or
(b) have the equipment certified as safe to operate by a professional
engineer at least every 12 calendar months.

Certification by a professional engineer
14(1) If this Code requires that procedures or specifications be certified by a
professional engineer, the certification must
(a) be in writing, and
(b) be stamped and signed by the professional engineer.
14(2) Unless the document states otherwise, certification by a professional
engineer implies that the procedures or specifications certified are fit and safe for
the workers affected by them.

Approved equipment
15 If this Code requires equipment to be approved by a named organization,
an employer must use best efforts to ensure that the seal, stamp, logo or similar
identifying mark of that organization is on the equipment and legible.

Part 12 General Safety Precautions

Housekeeping
185 An employer must ensure that a work site is kept clean and free from
materials or equipment that could cause workers to slip or trip.

Lighting
186(1) An employer must ensure that lighting at a work site is sufficient to
enable work to be done safely.
186(2) An employer must ensure that a light source above a working or walking
surface is protected against damage.
186(3) An employer must ensure that there is emergency lighting at a work site
if workers are in danger if the normal lighting system fails.
186(4) Emergency lighting must generate enough light so that workers can
(a) leave the work site safely,
(b) start the necessary emergency shut‐down procedures, and
(c) restore normal lighting.

Pallets and storage racks
187(1) An employer must ensure that pallets used to transport or store materials
or containers are loaded, moved, stacked, arranged and stored in a manner that
does not create a danger to workers.
187(2) An employer must ensure that racks used to store materials or equipment
(a) are designed, constructed and maintained to support the load placed
on them, and
(b) are placed on firm foundations that can support the load.
187(3) A worker must report any damage to a storage rack to an employer as
quickly as is practicable.
187(4) The employer and the workers at a work site must take all reasonable
steps to prevent storage racks from being damaged to the extent that their
integrity as structures is compromised.

Placement of roofing materials
187.1(1) An employer must ensure that supplies and roofing materials stored on
the roof of a residential building under construction are located not less than 2
metres from a roof edge.
187.1(2) An employer must ensure that the weight of supplies and roofing
materials referred to in subsection (1) is uniformly distributed.

Restraining hoses and piping
188(1) An employer must ensure that a hose or piping and its connections
operating under pressure are restrained if workers could be injured by its
movement if it fails or if it is disconnected.
188(2) Despite subsection (1), if a hose or piping and its connections operating at
a working pressure of 2000 kilopascals or more cannot be restrained, in order to
prevent a failure that could injure workers, an employer must ensure that the
hose or piping and its connections are designed, installed, used, inspected and
maintained
(a) in accordance with the manufacturer’s specifications, or
(b) in accordance with specifications certified by a professional engineer.
188(3) Subsection (1) does not apply to properly maintained fire hoses used by
competent workers.

Securing equipment and materials
189 If a worker may be injured if equipment or material is dislodged, moved,
spilled or damaged, both the employer and the worker must take all reasonable
steps to ensure the equipment or material is contained, restrained or protected to
eliminate the potential danger.

 

Skeleton structures
190(1) An employer must ensure that the erection drawings and procedures for
a project that includes connecting the structural parts of a skeleton structure are
prepared and certified by a professional engineer.
190(2) The erection drawings and procedures referred to in subsection (1) must
(a) show the sequence in which the structure is to be erected,
(b) show the horizontal and vertical placement of base structures and
footings, and
(c) ensure that the structure is stable during assembly.
190(3) If the erection procedures referred to in subsection (1) must be changed
because of site conditions or unanticipated loads on the skeleton structure, the
employer must ensure that the changed, additional or alternative procedures are
prepared and certified by a professional engineer before they are implemented.
190(4) An employer must ensure that a competent worker at a work site where a
skeleton structure is being erected
(a) coordinates the operation until the structure is permanently
stabilized, and
(b) directs the removal of the temporary supporting structures.

Signallers
191(1) If this Code requires signals to be given by a designated signaller, an
employer must designate a competent worker to give the signals.
191(2) An employer must ensure that, if the designated signaller uses hand
signals, the signaller wears a highly visible vest, armlet or other piece of clothing
that clearly identifies the worker as a designated signaller.
191(3) A designated signaller using hand signals must wear the vest, armlet or
other piece of clothing required by the employer under subsection (2).
191(4) Before giving a signal to proceed, a designated signaller must ensure that
there are no hazards in the vicinity.
191(5) If a signaller is designated, an equipment operator must take signals only
from the designated signaller.
191(6) An employer must ensure that only one designated signaller at a time
gives signals to an equipment operator.
191(7) Despite subsections (5) and (6), an equipment operator must take a
“STOP” signal from a worker who is not a designated signaller.
191(8) Despite subsections (5) and (6), if signals cannot be transmitted properly
between a designated signaller and an equipment operator, an employer must
ensure that
(a) additional designated signallers are available to transmit signals, or
(b) a means of ensuring clear and complete communication other than
using designated signallers is provided.

Stabilizing masonry walls
192 An employer must ensure that temporary supporting structures
(a) are used to stabilize a masonry wall that is more than 2 metres high

 

during its erection, and
(b) are not removed until the wall is permanently stabilized.

Tire servicing
193(1) An employer must ensure that a competent worker services, inspects,
disassembles and reassembles a tire or tire and wheel assembly in accordance
with the manufacturer’s specifications.
193(2) An employer must ensure that the manufacturer’s service manuals for
tires and wheels serviced by the employer are readily available to workers.
193(3) An employer must ensure that a competent worker inflates a tire
mounted on a split‐rim or locking ring wheel only if
(a) the wheel assembly is in a tire cage or is similarly restrained, and
(b) flying parts from split‐rim or locking ring failure or tire rupture can
be contained.
193(4) An employer must ensure that a worker uses a clamp‐on type of
connector to inflate split rim and locking ring wheels.
193(5) If a clamp‐on type of connector is used to inflate a tire, the employer must ensure that the worker
(a) uses an in line pressure gauge and positive pressure control, and
(b) inflates the tire from a safe position out of the immediate danger area.
193(6) A person must not inflate a tire with a clamp on type of connector unless
the person is in a safe position and out of the immediate danger area.

Vehicle traffic control
194(1) If vehicle traffic at a work site is dangerous to workers on foot, in vehicles
or on equipment, an employer must ensure that the traffic is controlled to protect
the workers.
194(2) An employer must ensure that a worker on foot and exposed to traffic
wears a highly visible piece of clothing.
194(3) A worker on foot and exposed to traffic must wear a highly visible piece
of clothing.
194(4) If a worker is designated by an employer to control traffic, the employer
must ensure that the designated traffic controller wears a highly visible piece of
clothing that
(a) clearly identifies the worker as a designated traffic controller, and
(b) is retroreflective if the worker is controlling traffic in the dark or
visibility is poor.
194(5) A worker designated to control traffic must wear a highly visible piece of
clothing that complies with subsection (4).
194(6) If a worker is designated by an employer to control traffic, the employer
must ensure that the designated traffic controller uses a handheld signal light if it
is dark or visibility is poor.
194(7) If traffic on a public highway is dangerous to workers, an employer must
protect the workers from the traffic using
(a) warning signs,
(b) barriers,
(c) lane control devices,
(d) flashing lights,
(e) flares,
(f) conspicuously identified pilot vehicles,
(g) automatic or remote‐controlled traffic control systems,
(h) designated persons directing traffic, or
(i) methods described in the Manual of Uniform Traffic Control Devices for Canada (1998), and its updates, published up to and including June 30, 2009 by the Transportation Association of Canada.

Working on ice
195(1) If a worker is to work on ice and the water beneath the ice is more than
1 metre deep at any point, an employer must ensure the ice will support the load
to be placed on it.
195(2) The employer must test the ice for the purposes of subsection (1)
(a) before work begins, and
(b) as often during the work as necessary to ensure the safety of the
workers.

Part 13 Joint Work Site Health and Safety Committee

Ministerial order
196 This Part applies to a work site that is required to have a joint work site
health and safety committee by Ministerial Order under section 31 of the Act.
Members
197 A joint work site health and safety committee must have, subject to
section 31(3) of the Act,
(a) at least two but not more than six worker members, and
(b) at least one but not more than six employer members.

Term of membership
198(1) Members of a joint work site health and safety committee hold office for a
term of not less than one year and may continue to hold office until their
successors are elected or appointed.
198(2) Members of a joint work site health and safety committee may be reelected or re appointed for further terms.
198(3) Despite subsection (1), a member of a joint work site health and safety
committee may be replaced at any time during that member’s term of office by
those persons whom the member represents.

Election of worker members
199(1) Worker members of the joint work site health and safety committee must
be elected by workers employed at the work site who do not exercise any
managerial function on behalf of the employer.
199(2) Despite subsection (1), workers employed at the work site who belong to
a trade union or worker association may, in accordance with the constitution or
by laws of the trade union or worker association, elect to the joint work site
health and safety committee the number of worker members proportionate to the
number of workers at the work site who belong to that trade union or worker
association.
199(3) To be eligible to be elected a worker member, a person must work at the
work site where the joint work site health and safety committee is established.

Appointment of employer members
200(1) Employer members of a joint work site health and safety committee must
be appointed to the committee by the employer or prime contractor.
200(2) To be eligible to be appointed as an employer member, a person must be
employed at the work site where the joint work site health and safety committee
is established.

Co-chairs of committee
201(1) A joint work site health and safety committee must have two co‐chairs.
201(2) Worker members must select one co chair from among themselves.
201(3) Employer members must select one co chair from among themselves.

Recording and posting minutes
202 The co chair selected by employer members must ensure that
(a) minutes of each meeting of the joint work site health and safety
committee are recorded,
(b) copies of the minutes are given to the employer within seven days
after the day the meeting was held, and
(c) copies of the minutes are posted at the work site within seven days
after the day the meeting was held.

Meetings
203(1) The joint work site health and safety committee must meet within 10 days
of its establishment and thereafter at least once in each calendar month.
203(2) The joint work site health and safety committee must convene special
meetings if requested to do so by a Director of Inspection.

Quorum
204 A quorum of a joint work site health and safety committee is one half of
the members if
(a) both worker and employer members are present, and
(b) at least one half of those present are worker members.

Attendance by an officer
205 An officer may attend a meeting of a joint work site health and safety
committee.

Duty to inspect work site
206 A joint work site health and safety committee must perform inspections
at the work site at least once before each regular meeting of the committee.

Co-chairs present during inspection
207(1) If an officer inspects a work site, the joint work site health and safety
committee co chairs, or their designates, may be present at that inspection unless the officer asks that they not be there.
207(2) An officer must not make a request under subsection (1) unless, in the officer’s opinion, special circumstances exist that would prevent the officer from
making a proper inspection if the members of the joint work site health and
safety committee or their designates were present during the inspection.


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