WHMIS

PEI Legislation

Prince Edward Island 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 material is © Government of Prince Edward Island

Cap. O-1.01 Occupational Health and Safety Act



DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS

12. (1) An employer shall ensure
(a) that every reasonable precaution is taken to protect the
occupational health and safety of persons at or near the workplace;
(b) that any item, device, material, equipment or machinery provided
for the use of workers at a workplace is properly maintained, and is
properly equipped with the safety features or devices, as
recommended by the manufacturer or required by the regulations;
(c) that such information, instruction, training, supervision and
facilities are provided as are necessary to ensure the occupational
health and safety of the workers;
(d) that workers and supervisors are familiar with occupational
health or safety hazards at the workplace;
(e) that workers are made familiar with the proper use of all safety
features or devices, equipment and clothing required for their
protection; and
(f) that the employer’s undertaking is conducted so that workers are
not exposed to occupational health or safety hazards as a result of
the undertaking.
(2) An employer shall
(a) consult and cooperate with the joint occupational health and
safety committee or the representative, as applicable;
(b) cooperate with any person performing a duty or exercising a
power conferred by this Act or the regulations;
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Duties of employers
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(c) provide such additional training of committee members as may
be prescribed by the regulations;
(d) comply with this Act and the regulations and ensure that workers
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 under this Act, establish the
policy or program. 2004,c.42,s.12.
13. A constructor shall ensure
(a) that every reasonable precaution is taken to protect the
occupational 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) that the communication of information necessary to the
occupational health and safety of persons at the project occurs
between the employers and self-employed persons at the project;
(d) that communication is facilitated between the constructor and a
committee or representative required by this Act for the project;
(e) that the measures and procedures in this Act and the regulations
are carried out at the project; and
(f) that every worker, self-employed person and employer
performing work in respect of the project complies with this Act and
the regulations. 2004,c.42,s.13.
14. A contractor shall ensure
(a) that every reasonable precaution is taken to protect the
occupational health and safety of persons at or near a workplace;
(b) that the activities of the employers and self-employed persons at
the workplace are co-ordinated;
(c) that the communication of information necessary to the
occupational health and safety of persons at the workplace occurs
between the employers and self-employed persons at the workplace;
(d) that the measures and procedures in this Act and the regulations
are carried out at the workplace; and
(e) that every worker, self-employed person and employer
performing work at the workplace complies with this Act and the
regulations. 2004,c.42,s.14.
15. A supplier shall ensure
(a) that any item, device, material, equipment or machinery supplied
by the supplier to a workplace is, when it is supplied, properly
equipped with the safety features or devices required by the
regulations;
(b) that the item, device, material, equipment or machinery is
maintained in safe working condition and in compliance with this
Act and the regulations, where it is the supplier’s responsibility
under an agreement to maintain it; and
(c) that a biological, chemical or physical agent supplied by the
supplier is labelled in accordance with the applicable federal and
provincial regulations. 2004,c.42,s.15.



PROGRAM

23. (1) Where 20 or more workers are regularly employed
(a) by an employer other than a constructor or contractor; or
(b) directly by a constructor or contractor,
the employer, constructor or contractor shall establish, and review at
least annually, a written occupational health and safety program, in
consultation with the committee or representative, if any.
(2) For the purposes of subsection (1), a worker is not regularly
employed directly by a constructor or contractor if the worker works
with the constructor or contractor as an independent contractor.
(3) An occupational health and safety program shall include
(a) provisions for the training and supervision of workers in matters
necessary to their occupational health and safety and the
occupational health and safety of other persons at or near the
workplace;
(b) provisions for
(i) the preparation of written work procedures for the
implementation of occupational health and safety work
practices, required by this Act, the regulations or by order of an
officer, and
(ii) the identification of the types of work for which the
procedures are required at the employer’s workplace;
(c) provisions for the establishment and continued operation of a
committee required by this Act, including maintenance of records of
membership, rules of procedure, access to a level of management
with authority to resolve occupational health and safety matters, and
information required by this Act or the regulations;
(d) provisions for the selection and functions of a representative
where required by this Act, including provision for access by the
representative to a level of management with authority to resolve
occupational 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 shall 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) the maintenance of records and statistics, including reports of
occupational health and safety inspections and investigations, with
provision for making the reports available to persons entitled to
receive them under this Act; and
(i) provisions for monitoring the implementation and effectiveness
of the program.
(4) The employer shall make a copy of the program established under
this section available
(a) to the committee or representative, if any; and
(b) on request, to a worker at the workplace. 2004,c.42,s.23.



POLICY

24. (1) Where five or more workers are regularly employed
(a) by an employer other than a constructor or contractor; or
(b) directly by a constructor or contractor,
the employer, constructor or contractor shall establish, and review at
least annually, a written occupational health and safety policy, in
consultation with the committee or representative, if any.
(2) For the purposes of subsection (1), a worker is not regularly
employed directly by a constructor or contractor if the worker works
with the constructor or contractor as an independent contractor.
(3) Where this Act does not require a committee or a representative, an
employer shall consult the workers regarding the proposed policy.
(4) An occupational health and safety policy shall express the
commitment of the employer to occupational health and safety including
(a) the commitment of the employer to cooperate with the workers in
pursuing occupational health and safety; and
(b) a statement of the responsibilities of the employer, supervisors
and other workers in fulfilling the commitment. 2004,c.42,s.24.



COMMITTEE

25. (1) At a workplace where 20 or more persons are regularly
employed by an employer, the employer
(a) shall establish and maintain a joint occupational health and safety
committee; and
(b) may establish additional such committees.
(2) Where 20 or more persons are regularly employed by one or more
constructors at a project that is expected to last three months or more, a
constructor shall establish and maintain a committee for the project.
(3) At a workplace where fewer than 20 but more than five persons are
regularly employed, the Director may consult with the workers and
employers at the workplace regarding the establishment of a committee
and the Director may order that a committee be established.
(4) Where the Director orders that a committee be established under
subsection (3), the employer shall ensure that the committee is
functioning in accordance with this Act within 30 days of receipt of the
order.
(5) A committee shall be composed of the number of persons
(a) agreed to by the workers or their union, and the employer; or
(b) ordered by the Director.
(6) Membership of the committee shall be determined as follows:
(a) one-half of the members shall be selected by the union
representing the workers or, in the absence of a union, by the
workers that the members represent;
(b) one-half of the members shall be selected by the employer.
(7) The committee shall
(a) cooperate to identify hazards to occupational health and safety in
the workplace and effective systems to respond to the hazards;
(b) receive, investigate and promptly deal with issues respecting
occupational health and safety;
(c) participate in inspections, inquiries and investigations respecting
the occupational health and safety of workers in the workplace;
(d) advise the employer on individual protective equipment, devices
and safety features that are best suited to the needs of the workers,
within the provisions of this Act and the regulations;
(e) advise the employer regarding a policy or program required by
this Act;
(f) make recommendations to the employer, the workers and any
other persons for the improvement of the occupational health and
safety of persons at the workplace; and
(g) maintain records and minutes of committee meetings in a form
and manner approved by the Director and provide an officer with a
copy of those records and minutes at the request of the officer.
(8) Subject to subsection (9), a committee shall meet at least once each
month unless the committee otherwise provides in its rules of procedure.
(9) Where the Director is not satisfied that the frequency of meetings
of a committee is sufficient to enable the committee to effectively
perform its functions, the Director may order the committee to hold
meetings at such frequency as the Director may specify.
(10) A worker who is a member of a committee is entitled to take the
necessary time off from work to attend meetings of the committee, to
take training prescribed by the regulations and to carry out the worker’s
functions as a member of the committee.
(11) The time off from work referred to in subsection (10) shall be
deemed to be work time for which the worker is entitled to the worker’s
usual salary and benefits, without change.
(12) A committee shall establish its own rules of procedure.
2004,c.42,s.25.



REPRESENTATIVE

26. (1) Where the number of workers employed at a workplace is five or
more but no committee is required under section 25, the employer shall
require the workers to select at least one representative from among the
workers who do not perform managerial functions.
(2) Where the number of workers at a project is five or more but no
committee is required under section 25, the constructor shall require the
workers to select at least one representative from among the workers
who do not perform managerial functions.
(3) Where the number of workers at a workplace is fewer than five, the
Director may
(a) consult with the workers and the employer at the workplace
regarding whether a representative should be selected at the
workplace; and
(b) order that the workers select a representative if the Director
considers that a representative is necessary to ensure that
occupational health and safety issues in the workplace are
monitored.
(4) A worker who is a representative is entitled to take the necessary
time off from work to attend meetings of the committee, to take training
prescribed by the regulations and to carry out the worker’s functions as a
representative.
(5) The time off from work referred to in subsection (4) shall be
deemed to be work time for which the worker is entitled to the worker’s
usual salary and benefits, without change.
together with the employer, in occupational health and safety issues in
the workplace and shall
(a) cooperate to identify hazards to occupational health and safety in
the workplace and effective systems to respond to the hazards;
(b) receive, investigate and promptly deal with issues respecting
occupational health and safety;
(c) participate in inspections, inquiries and investigations respecting
the occupational health and safety of workers in the workplace;
(d) advise the employer on individual protective equipment, devices
and safety features that are best suited to the needs of the workers,
within the provisions of this Act and the regulations;
(e) advise the employer regarding a policy or program required by
this Act; and
(f) make recommendations to the employer, the workers and any
other persons for the improvement of the occupational health and
safety of persons at the workplace. 2004,c.42,s.26.

INFORMATION RESPONSIBILITIES
27. (1) Subject to clause (2)(c), an employer who receives written
recommendations from a committee or a representative, if any, under
clauses 25(7)(f) and 26(6)(f) together with a request for a response to the
recommendations, shall respond in writing to the committee or
representative within 30 days of the request.
(2) The employer’s response referred to in subsection (1) shall
(a) indicate acceptance of the recommendations;
(b) give reasons for the disagreement with recommendations that the
employer does not accept; or
(c) where it is not reasonably practicable to provide a response
before the expiry of the 30-day period, provide within that time a
reasonable explanation for the delay indicating to the committee or a
representative, if any, when the response will be coming, and
provide the response as soon as it is available.
(3) If the committee or a representative, if any, considers that the
explanation provided by the employer under clause (2)(c) is unacceptable
or unreasonable, the committee or representative shall promptly report
that fact to an officer.
(4) An employer shall notify the committee or representative of the
existence of reports of occupational health and safety inspections,
monitoring or tests undertaken at the workplace by, or at the request of,
an officer or the employer and the employer shall make the reports
available on request to the committee or the representative.
make available to the worker reports of occupational health or safety
inspections, monitoring or tests undertaken at the workplace by, or at the
request of, an officer or the employer.
(6) An officer shall provide the employer at a workplace with reports
of inspections, monitoring and tests undertaken at the workplace by, or at
the request of, an officer.
(7) An employer shall
(a) post the names of the current committee members or the
representative and the means of contacting them; and
(b) promptly post the minutes of the most recent committee meeting
and ensure that they remain posted until superseded by the minutes
of the next committee meeting.
(8) An employer shall
(a) make available for examination at the workplace information and
reports that an officer considers advisable to enable workers to know
their rights and responsibilities under this Act and the regulations;
and
(b) post, and ensure that they remain posted in the workplace,
(i) a code of practice required under this Act or the regulations,
(ii) a current telephone number for reporting occupational health
or safety concerns, and
(iii) the occupational health and safety policy where the
employer is required by this Act to have a policy.
(9) Where anything other than the information referred to in subsection
(8) is required to be posted by this Act or the regulations, the person who
has the duty to post it shall
(a) post a legible copy of it in a prominent place in the workplace;
and
(b) unless this Act or the regulations specify otherwise, ensure that it
remains posted for at least seven days or longer if additional time is
necessary to enable workers at the workplace to inform themselves
of its content.
(10) Notwithstanding subsection (9), a person who is required to post
anything required to be posted under subsection (9) may, alternatively,
provide that information to each worker in writing. 2004,c.42,s.27.
36. (1) Where an accident occurs in the workplace in which a worker is
seriously injured in a manner which causes or may cause a fatality,
suffers a loss of limb, unconsciousness, substantial loss of blood, a
fracture, an amputation of a leg, arm, hand, or foot, a burn to a major
portion of the body, or the loss of sight in an eye, the employer shall
ensure that written notice is sent, by the fastest means available, to the
Director within 24 hours of the accident.
(2) Where an accident is reported under subsection (1), the employer
shall notify the committee, where one exists, or the representative, if any.
(3) Except as otherwise directed by an officer, no person shall disturb
the scene of an accident that results in a serious injury or a fatality except
to the extent that it is necessary
(a) to attend to persons injured or killed;
(b) to prevent further injuries; or
(c) to protect property that is endangered as a result of the accident.
2004,c.42,s.36.
37. An employer shall, whether or not a person has been injured, provide
the Director with a written report of all accidental explosions.
2004,c.42,s.37.
Occupational Health and Safety Act Updated 2008
General Regulations



PART 52
VIOLENCE IN THE WORKPLACE

52.1 In this Part, “violence” means the threatened, attempted or actual
exercise of any physical force by a person other than a worker that can
cause, or that causes, injury to a worker, and includes any threatening
statement or behaviour that gives a worker reasonable cause to believe
that he or she is at risk of injury. (EC43/06)
52.2 (1) An employer shall conduct a risk assessment of the workplace
to determine whether or not a risk of injury to workers from violence
arising out of their employment may be present.
(2) A risk assessment under subsection (1) shall include a
consideration of
(a) previous experience of violence in that workplace;
(b) occupational experience of violence in similar workplaces; and
(c) the location and circumstances in which the work will take place.
(EC43/06)
52.3 If a risk of injury to a worker from violence in a workplace is
identified by an assessment under section 52.2, the employer shall
establish procedures, policies and work environment arrangements
(a) to either
(i) eliminate the risk of violence to workers in that workplace, or
(ii) if elimination of the risk is not possible, minimize the risk of
violence to workers in that workplace; and
(b) to provide for reporting, investigating and documenting incidents
of violence in that workplace. (EC43/06)
52.4 (1) An employer shall inform workers who may be exposed to the
risk of violence in the workplace of the nature and extent of the risk.
(2) Unless otherwise prohibited by law, the duty to inform workers
under subsection (1) includes a duty to provide information related to the
risk of violence from persons who have a history of violent behaviour
and who may be encountered by a worker in the course of his or her
work.
(3) An employer shall instruct workers who may be exposed to the risk
of violence in

    the means of recognition of the potential for violence;

(b) the procedures, policies and work environment arrangements
developed under section 52.3; and
(c) the appropriate response to incidents of violence in the
workplace, including how to obtain assistance. (EC43/06)
52.5 An employer shall ensure that a worker who reports an injury or
adverse symptom resulting from workplace violence is advised to consult
a physician of the worker’s choice for treatment or a referral. (EC43/06)



PART 53
WORKING ALONE

53.1 In this Part, “working alone” means a worker working at a
workplace who is the only worker of the employer at that workplace, in
circumstances where assistance is not readily available to the worker in
the event of injury, ill health or emergency. (EC43/06)
53.2 (1) Where a worker is working alone, the employer shall develop
and implement written procedures to ensure, as far as is reasonably
practicable, the health and safety of the worker from risks arising out of,
or in connection with, the work assigned.
(2) Written procedures developed under subsection (1) shall include
the following information:
(a) the name, address, location and telephone number of the
workplace;
(b) the name, address, location and telephone number of the
employer;
(c) the nature of the business conducted at the workplace;
(d) identification of the possible risks to each worker working alone
that arise from or in connection with the work assigned;
(e) the steps to be followed to minimize the risks identified in clause
(d);
(f) details of the means by which a worker who is working alone can
secure, and the employer can provide, assistance in the event of
injury or other circumstances that may endanger the health or safety
of the worker.
(3) The steps referred to in clause (2)(e) shall
(a) specify the time intervals for checking on the worker;
(b) specify the person responsible for contacting the worker and
recording the results of the contact;
(c) outline the process to be followed if the worker cannot be
contacted, including provisions for an emergency rescue; and
(d) provide for checking with the worker at the end of the worker’s
shift. (EC43/06)
53.3 The employer and the worker who is working alone shall comply
with the procedures developed under section 53.2. (EC43/06)
53.4 The employer shall implement a training program in respect of the
procedures established under section 53.2 for each worker who is
working alone and for each supervisor who is responsible for a worker
working alone. (EC43/06)
53.5 The employer shall ensure that a copy of the procedures established under section 53.2 is available to an officer on request. (EC43/06)
 

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