WHMIS

Manitoba Legislation

Manitoba Due Diligence

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Workplace Safety and Health Regulation
Regulation 217/2006
Registered October 31, 2006


PART 2
GENERAL DUTIES
GENERAL SAFETY DUTIES

Safe work procedures
2.1 In addition to the requirement to develop safe work procedures contained in
the other Parts of this regulation, an employer must
(a) develop and implement safe work procedures for the work that is done at the
workplace;
(b) train workers in the safe work procedures; and
(c) ensure that workers comply with those safe work procedures.
Consultations required

2.2 In developing and implementing the safe work procedures required under
section 2.1 and any other Part of this regulation, an employer must consult with the
following:
(a) the committee at the workplace;
(b) the representative at the workplace;
(c) when there is no committee or representative at the workplace, the workers at
the workplace.

Duty of employer to provide information
2.3 An employer must provide workers with ready access to the following at the
workplace:
(a) the Act;
(b) each regulation made under the Act that applies to the workplace or to work
done at the workplace;
(c) each code of practice approved and issued by the director that relates to a
regulation under the Act that applies to the workplace or any work done at the
workplace.
Inspections of workplace
2.4(1) An employer must
(a) ensure that regular inspections of the workplace and of work processes and
procedures at the workplace are conducted to identify any risk to the safety or
health of any person at the workplace; and
(b) if a risk is identified, correct any unsafe condition as soon as is reasonably
practicable and, in the interim, take immediate steps to protect the safety and
health of any person who may be at risk.

2.4(2) A prime contractor must
(a) ensure that regular inspections of the construction project site and the work
processes and procedures at the site are conducted to identify any risk to the
safety or health of any person at the site; and
(b) if a risk is identified, ensure that any unsafe condition is corrected as soon as
is reasonably practicable, and in the interim, ensure that immediate steps are
taken to protect the safety and health of any person who may be at risk.



PREGNANT OR NURSING WORKERS

Pregnant or nursing workers
2.5 When a worker informs her employer that she is pregnant or nursing, the
employer must
(a) inform the worker of any known or foreseeable risk that conditions at the
workplace pose or may pose to the safety or health of the worker or to her unborn
or nursing child; and
(b) so far as is reasonably practicable,
(i) take steps to minimize the exposure of the worker to the condition that
creates the risk, or
(ii) if alternate work is available that involves no risk or less risk and the
worker is reasonably capable of performing that work, assign the worker
temporarily to that alternative work without loss of pay or benefits.


SERIOUS INCIDENTS
AT WORKPLACE
Definition: "serious incident"

2.6 In sections 2.7 to 2.9, "serious incident" means an incident
(a) in which a worker is killed;
(b) in which a worker suffers
(i) an injury resulting from electrical contact,
(ii) unconsciousness as the result of a concussion,
(iii) a fracture of his or her skull, spine, pelvis, arm, leg, hand or foot,
(iv) amputation of an arm, leg, hand, foot, finger or toe,
(v) third degree burns,
(vi) permanent or temporary loss of sight,
(vii) a cut or laceration that requires medical treatment at a hospital as
defined in The Health Services Insurance Act, or
(viii) asphyxiation or poisoning; or
(c) that involves
(i) the collapse or structural failure of a building, structure, crane, hoist, lift,
temporary support system or excavation,
(ii) an explosion, fire or flood,
(iii) an uncontrolled spill or escape of a hazardous substance, or
(iv) the failure of an atmosphere-supplying respirator.

Notice of serious incident
2.7(1) When a serious incident occurs at a workplace, an employer must
immediately and by the fastest means of communication available, notify the division of
the incident and provide the following information:
(a) the name and address of each person involved in the incident;
(b) the name and address of the employer, and if any person involved in the
incident is employed by another employer, the name and address of that other
employer;
(c) the name and address of each person who witnessed the incident;
(d) the date, time and location of the incident;
(e) the apparent cause of the incident and the circumstances that gave rise to it.

2.7(2) An employer who becomes aware that information provided under
subsection (1) was inaccurate or incomplete must immediately notify the division of the
correct or complete information.

Site of serious incident to be preserved
2.8 Except to the extent necessary to free a trapped person or to avoid the
creation of an additional hazard, and subject to a directive issued by a safety and health
officer under clause 24(1)(l) of the Act, an employer must ensure that nothing involved
in a serious incident is altered or moved until at least 24 hours after the notice under
subsection 2.7(1) is given.

Investigations: serious incidents and accidents
2.9(1) An employer must ensure that each of the following is investigated as soon
as reasonably practicable after it occurs:
(a) a serious incident;
(b) an accident or other dangerous occurrence
(i) that injures a person, and results in the person requiring medical
treatment, or
(ii) that had the potential to cause a serious incident.

2.9(2) An investigation must be carried out by
(a) the co-chairpersons of the committee at the workplace or their designates;
(b) the employer and the representative at the workplace; or
(c) the employer, in the presence of a worker employed at the workplace who is
not associated with the management of the workplace, when there is no
committee or representative at the workplace.

2.9(3) After an investigation is completed, an employer, in consultation with the
co-chairpersons or their designates, the representative or the worker, as applicable,
must prepare a written report that includes the following:
(a) the name of any person injured or killed;
(b) the date, time and place of the incident, accident or dangerous occurrence;
(c) a description of the incident, accident or dangerous occurrence;
(d) any graphics, photographs or other evidence that may assist in determining the
cause or causes of the incident, accident or dangerous occurrence;
(e) an explanation of the cause of the incident, accident or dangerous occurrence,
including any factors or events that indirectly contributed to it occurring;
(f) any immediate corrective action taken;
(g) any long-term action that will be taken to prevent the occurrence of a similar
incident, accident or dangerous occurrence, or the reasons for no action being
taken.


RECORDS

Retention of records
2.10 An employer must ensure that a record required to be made or retained
under this regulation is not destroyed or disposed of
(a) for the period prescribed in this regulation for the specific class of records; or
(b) if there is no prescribed period, for five years after the record is made or comes
into the possession of the employer.

Transferring custody of records
2.11 When an employer who has control of a record required to be kept under this
regulation ceases to operate in Manitoba,
(a) the employer must transfer the record to the successor employer, when there is a successor employer; or
(b) when there is no successor employer, the employer must
(i) preserve the record,
(ii) notify the director, and
(iii) deliver the record at the time and to the place identified by the director.


MISCELLANEOUS

Pressure plants and pressure vessels
2.12 An employer and an owner must ensure that a pressure plant or pressure
vessel used at a workplace that is not subject to The Steam and Pressure Plants Act is
properly constructed, installed, used, stored, repaired and maintained in accordance
with the manufacturer's specifications.

Non-smokers health protection in workplace
2.13 A contravention of sections 2 to 6.2 of The Non-Smokers Health Protection
Act relating to a workplace is deemed to be a contravention of the Act for the purpose of
issuing an improvement order to a person under section 26 of the Act.

Clean and sanitary workplace
2.14 An employer must ensure that, so far as is reasonably practicable, a
workplace is
(a) kept in a clean and sanitary state; and
(b) kept free from any condition that may create a risk to a worker's safety or
health.

Control of airborne dust
2.15 An employer and a prime contractor must ensure that appropriate methods
are used at a construction project site to control airborne dust that creates or may
create a risk to the safety or health of a worker.

Protrusions
2.16 An employer must ensure that any protrusion from concrete or other
surfaces, such as nails, pins, cables or other temporary obstructions, is removed or cut
off at the surface if it
(a) creates a tripping or other hazardous condition for a worker; and
(b) is not necessary for the work being done.

Snow and ice accumulation
2.17 An employer must ensure that
(a) all work areas are, so far as is reasonably practicable, kept clear of snow and
ice accumulations; and
(b) where an overhead accumulation of snow or ice creates a risk to a person,
(i) the accumulation is removed, or
(ii) an overhead barrier designed to withstand any load that will be or is likely
to be imposed is installed.

Sign at construction project site
2.18 The prime contractor, or if there is no prime contractor, the employer, must
ensure that the following information is clearly and prominently identified on a sign
located in a conspicuous place at a construction project site:
(a) the name of the prime contractor or the employer, as applicable;
(b) the location of any first aid service;
(c) the name and telephone number of the person who can be contacted about
safety and health matters at the site; and
(d) contact information for the committee and the representative, as applicable.

 

 

PART 3
WORKPLACE SAFETY AND HEALTH
COMMITTEES AND REPRESENTATIVES
COMMITTEES

Formation of committee
3.1(1) When a committee is required to be established, an employer or prime
contractor must immediately consult with each of the existing unions, or the workers if
there is no union, to jointly determine its size.

3.1(2) If no union exists, an employer or prime contractor must appoint one or more
workers to conduct the election of worker members to the committee. The workers
appointed must not be associated with the management of the workplace and the
election must be conducted in a manner consistent with recognized democratic
practices.

3.1(3) An employer or prime contractor must not influence or attempt to influence
the election of the worker members of a committee.

3.1(4) An employer, prime contractor or worker who disputes
(a) the number of worker members to be elected; or
(b) the election of, or manner of electing, worker members;
may refer the dispute to a safety and health officer who may issue an order in
accordance with the Act.

Term of office
3.2(1) A committee member is to serve for a term of two years and continues to hold
office until reappointed or re-elected or until a successor is appointed or elected.

3.2(2) Despite subsection (1), if a union exists and the union's constitution specifies
a term of office for worker members of the committee, the term of office of the worker
member is the term specified in the union's constitution.

Meetings
3.3(1) A committee must meet within one month after it has been established and,
after that,
(a) at regular intervals not exceeding three months; or
(b) at such shorter intervals as ordered by the director.

3.3(2) An order of the director under clause (1)(b) may be made for a particular
workplace or a class of workplaces.

3.3(3) A committee member must be given at least three days' prior notice of a
regularly scheduled committee meeting.
 
3.3(4) An employer or prime contractor must provide a committee with a suitable
location for committee meetings and appropriate resources for carrying out its duties
and functions.

Special meetings
3.4 A co-chairperson of a committee may call a special meeting to deal with
matters of urgent concern, including but not limited to serious incidents, accidents,
dangerous occurrences or matters believed to constitute a serious risk to the safety or
health of a worker or other persons.

Quorum
3.5 The quorum of a committee is one-half of the worker members and one-half
of the members appointed by the employer or the prime contractor.

Committee must establish rules
3.6(1) A committee must establish written rules of procedure for discharging its
duties under the Act.

3.6(2) The committee must in its rules provide for
(a) regular meetings of the committee, and the day, time and place of the
meetings;
(b) the procedure to be followed and the type and amount of notice to be given to
change the day, time or place of a regular meeting of the committee; and
(c) rules respecting the conduct of committee meetings.

3.6(3) The committee may in its rules provide for such other matters as the
committee considers necessary or desirable.

Minutes
3.7(1) A committee must ensure that
(a) the minutes of each committee meeting are
(i) recorded in a format acceptable to the division,
(ii) signed by the co-chairpersons, and
(iii) kept at the workplace for a period of at least 10 years from the date of the
meeting; and
(b) a copy of the minutes prepared in accordance with clause (a) is given to the
employer or prime contractor.

3.7(2) An employer or prime contractor must, within seven days of receiving a copy
of the minutes of a committee meeting, ensure that a copy is sent to the division and to
each committee member.

Distributing information to committee members
3.8 An employer or prime contractor must distribute to committee members at the
workplace any information or document addressed to the committee or to committee

members as soon as reasonably practicable but no later than seven days after the
information or document is received.


REPRESENTATIVES

Meetings with representative
3.9(1) When a representative is designated at a workplace, an employer must meet
with the representative at regular intervals not exceeding three months to discuss safety
and health matters.

3.9(2) A representative may call a special meeting with the employer to deal with
matters of urgent concern, including but not limited to serious incidents, accidents,
dangerous occurrences or matters believed to constitute a serious risk to the safety or
health of a worker or another person.

3.9(3) An employer must meet with a representative when the representative calls a
special meeting.
GENERAL

Officer may call meeting
3.10 For the purpose of ensuring the proper functioning or to provide information
or education concerning workplace safety and health, a safety and health officer may
call a special meeting of
(a) a committee;
(b) several committees jointly;
(c) the co-chairpersons of one or more committees; or
(d) one or more representatives.

Bulletin board
3.11(1) An employer or prime contractor must provide a bulletin board in a prominent
place in the workplace that is readily accessible to workers for the exclusive use of
committee members, the representative, or both, in connection with safety and health
matters.

3.11(2) When a bulletin board is provided under subsection (1), the following
information must be posted on it:
(a) when a committee exists,
(i) the name of each committee member and the date each member's term of
office expires,
(ii) the scheduled dates of committee meetings,
(iii) the agenda for each meeting,
(iv) a copy of the minutes of each committee meeting, which must be signed
by the co-chairpersons and must remain posted until all matters of concern
recorded in the minutes are resolved, and
(v) any item recommended to be posted by a committee member;
(b) if a representative has been designated,
(i) the name of the representative,

(ii) the scheduled dates of meetings,
(iii) the agenda for each meeting, and
(iv) any item recommended to be posted by the representative.

Examination of information and materials
3.12 An employer and a prime contractor must ensure that a committee member
and a representative is allowed to examine any logbook, assessment, inspection report
or other record that the employer or prime contractor is required to keep at the
workplace under the Act or the regulations.

Lost-time injury information
3.13 An employer must provide information respecting lost-time injuries at the
workplace to the committee members and to the representative.

Handling of personal health information
3.14 A committee member and a representative must not disclose a worker's
personal health information unless the disclosure is required or permitted by law.

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