WHMIS

Saskatchewan Legislation

Saskatchewan 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 Copyright©2009 The Queen’s Printer, Saskatchewan

The Occupational Health and Safety Regulations, 1996


PART III
General Duties

General duties of employers
12 The duties of an employer at a place of employment include:
(a) the provision and maintenance of plant, systems of work and working
environments that ensure, as far as is reasonably practicable, the health,
safety and welfare at work of the employer’s workers;
(b) arrangements for the use, handling, storage and transport of articles
and substances in a manner that protects the health and safety of workers;
(c) the provision of any information, instruction, training and supervision
that is necessary to protect the health and safety of workers at work; and
(d) the provision and maintenance of a safe means of entrance to and exit
from the place of employment and all worksites and work-related areas in or
on the place of employment.
4 Oct 96 cO-1.1 Reg 1 s12.

General duties of workers
13 A worker shall:
(a) use the safeguards, safety appliances and personal protective equipment
provided in accordance with these regulations and any other regulations
made pursuant to the Act; and
(b) follow the safe work practices and procedures required by or developed
pursuant to these regulations and any other regulations made pursuant to
the Act.
4 Oct 96 cO-1.1 Reg 1 s13.

Employment of young persons
14(1) An employer or contractor shall ensure that no person under the age of 16
years is employed or permitted to work:
(a) on a construction site;
(b) in a production process at a pulp mill, sawmill or woodworking
establishment;
(c) in a production process at a smelter, foundry, refinery or metal processing
or fabricating operation;
(d) in a confined space;
(e) in a production process in a meat, fish or poultry processing plant;
(f) in a forestry or logging operation;
(g) on a drilling or servicing rig;
(h) as an operator of powered mobile equipment, a crane or a hoist;
(i) where exposure to a chemical or biological substance is likely to endanger
the health or safety of the person; or
(j) in power line construction or maintenance.
(2) An employer or contractor shall ensure that no person under the age of 18
years is employed:
(a) underground or in an open pit at a mine;
(b) as a radiation worker;
(c) in an asbestos process as defined in section 330;
(d) in a silica process as defined in section 346; or
(e) in any activity for which these regulations or any other regulations made
pursuant to the Act require the use of an atmosphere-supplying respirator.
4 Oct 96 cO-1.1 Reg 1 s14.

Duty of employer or contractor to provide information
15 An employer or contractor shall:
(a) make readily available for reference by workers a copy of:
(i) the Act;
(ii) any regulations made pursuant to the Act that apply to the place of
employment or to any work done there; and
(iii) any standards adopted in the regulations that address work
practices or procedures and that apply to the place of employment or to
any work done there; and
(b) where the information mentioned in clause (a) or in section 9 of the Act
will be posted, provide a suitable bulletin board to be used primarily to post
information on health and safety related to the place of employment.
4 Oct 96 cO-1.1 Reg 1 s15.

Duty of contractor to inform
16(1) A contractor shall give notice in writing to every employer, worker or selfemployed
person at the place of employment, setting out:
(a) the name of the person who is supervising the work on behalf of the
contractor;
(b) any emergency facilities provided by the contractor for the use of the
employers’ workers or self-employed persons; and
(c) the existence of a committee or representative, if any, at the place of
employment and the means to contact the committee or representative.
(2) Subsection (1) applies only to contractors at major construction projects and to contractors involved in those activities to which Part XXIX applies.
4 Oct 96 cO-1.1 Reg 1 s16.


Supervision of work

17(1) An employer or contractor shall ensure that:
(a) all work at a place of employment is sufficiently and competently
supervised;
(b) supervisors have sufficient knowledge of all of the following with respect
to matters that are within the scope of the supervisor’s responsibility:
(i) the Act and any regulations made pursuant to the Act that apply to
the place of employment;
(ii) any occupational health and safety program at the place of
employment;
(iii) the safe handling, use, storage, production and disposal of chemical
and biological substances;
(iv) the need for, and safe use of, personal protective equipment;
(v) emergency procedures required by these regulations;
(vi) any other matters that are necessary to ensure the health and
safety of workers under their direction; and
(c) supervisors comply with the Act and any regulations made pursuant to
the Act that apply to the place of employment and ensure that the workers
under their direction comply with the Act and those regulations.
(2) A supervisor shall ensure that the workers under the supervisor’s direction
comply with the Act and any regulations made pursuant to the Act that apply to the place of employment.
4 Oct 96 cO-1.1 Reg 1 s17.


Duty to inform workers

18 An employer shall ensure that each worker:
(a) is informed of the provisions of the Act and any regulations pursuant to
the Act that apply to the worker’s work at the place of employment; and
(b) complies with the Act and those regulations.
4 Oct 96 cO-1.1 Reg 1 s18.


Training of workers

19(1) An employer shall ensure that a worker is trained in all matters that are
necessary to protect the health and safety of the worker when the worker:
(a) begins work at a place of employment; or
(b) is moved from one work activity or worksite to another that differs with
respect to hazards, facilities or procedures.
(2) The training required by subsection (1) must include:
(a) procedures to be taken in the event of a fire or other emergency;
(b) the location of first aid facilities;
(c) identification of prohibited or restricted areas;
(d) precautions to be taken for the protection of the worker from physical,
chemical or biological hazards;
(e) any procedures, plans, policies and programs that the employer is
required to develop pursuant to the Act or any regulations made pursuant to
the Act that apply to the worker’s work at the place of employment; and
(f) any other matters that are necessary to ensure the health and safety of
the worker while the worker is at work.
(3) An employer shall ensure that the time spent by a worker in the training
required by subsection (1) is credited to the worker as time at work, and that the
worker does not lose pay or other benefits with respect to that time.
(4) An employer shall ensure that no worker is permitted to perform work unless
the worker:
(a) has been trained, and has sufficient experience, to perform the work
safely and in compliance with the Act and the regulations; or
(b) is under close and competent supervision.
4 Oct 96 cO-1.1 Reg 1 s19.


Workers’ contacts with officers

20(1) During an inspection or investigation by an officer at a place of employment, an employer shall allow one of the following to accompany the officer:
(a) the worker co-chairperson or, in the co-chairperson’s absence, any other
worker that the committee may designate to represent workers;
(b) where there is no committee, a worker designated by the trade union
representing workers;
(c) where there is no trade union representing workers, a worker designated
by an officer;
(d) the representative.
(2) An employer shall permit any worker or group of workers to consult with an
officer during an inspection or investigation at a place of employment.
(3) An employer shall ensure that any time in which a worker consults with an
officer, assists an officer or accompanies an officer during an inspection or
investigation is considered as time at work and that the worker loses no pay or
other benefits.
4 Oct 96 cO-1.1 Reg 1 s20.


Biological monitoring

21(1) In this section, “biological monitoring” means measuring a worker’s total
exposure to a physical agent, a chemical substance or a biological substance that is present in a place of employment through the assessment of biological specimens collected from the worker.
(2) Where a worker is the subject of biological monitoring, an employer shall
ensure that:
(a) the worker is informed of the purposes and the results of the monitoring;
(b) at the worker’s request, the detailed results of the monitoring are made
available to a physician designated by the worker; and
(c) the aggregate results of the monitoring are given to the committee or the
representative.
4 Oct 96 cO-1.1 Reg 1 s21.
 

Occupational health and safety program

22(1) Subject to subsection (2), an occupational health and safety program
required by section 13 of the Act must include:
(a) a statement of the employer’s policy with respect to the protection and
maintenance of the health and safety of the workers;
(b) the identification of existing and potential risks to the health or safety of
workers at the place of employment and the measures, including procedures
to respond to an emergency, that will be taken to reduce, eliminate or control
those risks;
(c) the identification of internal and external resources, including personnel
and equipment, that may be required to respond to an emergency;
(d) a statement of the responsibilities of the employer, the supervisors and
the workers;
(e) a schedule for the regular inspection of the place of employment and of
work processes and procedures;
(f) a plan for the control of any biological or chemical substance handled,
used, stored, produced or disposed of at the place of employment and, where
appropriate, the monitoring of the work environment;
(g) a plan for training workers and supervisors in safe work practices and
procedures, including any procedures, plans, policies or programs that the
employer is required to develop pursuant to the Act or any regulations made
pursuant to the Act that apply to the work of the workers and supervisors;
(h) a procedure for the investigation of accidents, dangerous occurrences
and refusals to work pursuant to section 23 of the Act at the place of
employment;
(i) a strategy for worker participation in occupational health and safety
activities, including audit inspections and investigations of accidents,
dangerous occurrences and refusals to work pursuant to section 23 of the Act;
and
(j) a procedure to review and, where necessary, revise the occupational
health and safety program at specified intervals that are not greater than
three years and whenever there is a change of circumstances that may affect
the health or safety of workers.
(2) On and after January 1, 1998, the places of employment set out in Table 7 of
the Appendix with 10 or more workers are prescribed for the purposes of section 13 of the Act.
(3) An employer at a place of employment mentioned in subsection (2) shall
establish an occupational health and safety program that meets the requirements
of subsection (1) not later than:
(a) in a place of employment with 100 or more workers, January 1, 1998;
(b) in a place of employment with 21 or more workers but not more than 99
workers, January 1, 1999; and
(c) in a place of employment with 10 or more workers but not more than 20
workers, January 1, 2000.
4 Oct 96 cO-1.1 Reg 1 s22.


Examination of plant

23 An employer, contractor or owner shall:
(a) arrange for the regular examination of any plant under the control of the
employer or owner to ensure, to the extent that is reasonably practicable, that
the plant is capable of:
(i) withstanding the stress likely to be imposed on the plant; and
(ii) safely performing the functions for which the plant is used; and
(b) as soon as is reasonably practicable, correct any unsafe condition found
in the plant and take immediate steps to protect the health and safety of any
worker who may be at risk until the unsafe condition is corrected.
4 Oct 96 cO-1.1 Reg 1 s23.


Identifying mark of approved equipment

24 An employer, contractor or supplier shall ensure that equipment and personal
protective equipment that is required by these regulations to be approved by a
named agency has the seal, stamp, logo or similar identifying mark of the agency
indicating that approval affixed to:
(a) the equipment or personal protective equipment; or
(b) the packaging with which the equipment or personal protective equipment
is contained.
4 Oct 96 cO-1.1 Reg 1 s24.


Maintenance and repair of equipment

25(1) An employer shall ensure that all equipment is maintained at intervals that
are sufficient to ensure the safe functioning of the equipment.
(2) Where a defect is found in equipment, an employer shall ensure that:
(a) steps are taken immediately to protect the health and safety of any
worker who may be at risk until the defect is corrected; and
(b) the defect is corrected by a competent person as soon as is reasonably
practicable.
(3) A worker who knows or has reason to believe that equipment under the
worker’s control is not in a safe condition shall:
(a) immediately report the condition of the equipment to the employer; and
(b) repair the equipment if the worker is authorized and competent to do so.
4 Oct 96 cO-1.1 Reg 1 s25.


Boilers and pressure vessels

26 An employer, contractor or owner shall ensure that any boiler or pressure
vessel used at a place of employment that is not required to be inspected or
registered pursuant to The Boiler and Pressure Vessel Act is properly constructed and maintained.
4 Oct 96 cO-1.1 Reg 1 s26.
 

Prohibition re use of compressed air

27 No employer shall require or permit compressed air to be directed towards a
worker:
(a) for the purpose of cleaning clothing or personal protective equipment
used by that worker; or
(b) for any other purpose if the use of compressed air may cause dispersion
into the air of contaminants that may be harmful to workers.
4 Oct 96 cO-1.1 Reg 1 s27.
Inspection of place of employment
28(1) An employer, contractor or owner shall enable members of a committee or a representative to inspect a place of employment at reasonable intervals determined by the committee or the representative and employer.
(2) On written notice by the committee or the representative of an unsafe
condition or a contravention of the Act or any regulations made pursuant to the Act, the employer, contractor or owner shall:
(a) take immediate steps to protect the health and safety of any worker who
may be at risk until the unsafe condition is corrected or the contravention is
remedied;
(b) as soon as possible, take suitable actions to correct the unsafe condition
or remedy the contravention; and
(c) inform the committee or the representative in writing of:
(i) the actions that the employer, contractor or owner has taken or will
take pursuant to clause (b); or
(ii) if the employer, contractor or owner has not taken any actions
pursuant to clause (b), the employer’s, contractor’s or owner’s reasons for
not taking action.
4 Oct 96 cO-1.1 Reg 1 s28.


Investigation of certain accidents

29(1) Subject to section 30, an employer shall ensure that every accident that
causes or may cause the death of a worker or that requires a worker to be admitted to a hospital as an in-patient for a period of 24 hours or more is investigated as soon as is reasonably possible by:
(a) the co-chairpersons or their designates;
(b) the employer and the representative; or
(c) where there is no committee or representative, the employer.
(2) After the investigation of an accident, an employer, in consultation with the co-chairpersons
or their designates, or with the representative, shall prepare a written
report that includes:
(a) a description of the accident;
(b) any graphics, photographs or other evidence that may assist in
determining the cause or causes of the accident;
(c) an explanation of the cause or causes of the accident;
(d) the immediate corrective action taken; and
(e) any long-term action that will be taken to prevent the occurrence of a
similar accident or the reasons for not taking action.
4 Oct 96 cO-1.1 Reg 1 s29.


Prohibition re scene of accident

30(1) Unless expressly authorized by statute or by subsection (2), no person shall, except for the purpose of saving life or relieving human suffering, interfere with, destroy, carry away or alter the position of any wreckage, article, document or thing at the scene of or connected with an accident causing a death until an officer has completed an investigation of the circumstances surrounding the accident.
(2) Where an accident causing a death occurs and an officer is not able to complete an investigation of the circumstances surrounding the accident, an officer may, unless prohibited by statute, grant permission to move the wreckage, articles and things at the scene or connected with the accident to any extent that may be necessary to allow the work to proceed, if:
(a) graphics, photographs or other evidence showing details at the scene of
the accident are made before the officer grants permission; and
(b) the co-chairpersons of a committee or the representative for the place of
employment at which the accident occurred or their designates have inspected
the site of the accident and agreed that the wreckage, article or thing may be
moved.
4 Oct 96 cO-1.1 Reg 1 s30.


Investigation of dangerous occurrences

31(1) An employer, contractor or owner shall ensure that every dangerous
occurrence described in subsection 9(1) is investigated as soon as is reasonably
possible by:
(a) the co-chairpersons or their designates;
(b) the employer, contractor or owner and the representative; or
(c) where there is no committee or representative, the employer, contractor
or owner.
(2) After the investigation of a dangerous occurrence, an employer, contractor or
owner, in consultation with the co-chairpersons or their designates or with the
representative, shall prepare a written report that includes:
(a) a description of the dangerous occurrence;
(b) any graphics, photographs or other evidence that may assist in
determining the cause or causes of the dangerous occurrence;
(c) an explanation of the cause or causes of the dangerous occurrence;
(d) the immediate corrective action taken; and
(e) any long-term action that will be taken to prevent the occurrence of a
similar dangerous occurrence or the reasons for not taking action.
4 Oct 96 cO-1.1 Reg 1 s31.


Injuries requiring medical treatment

32 An employer or contractor shall report to the co-chairpersons, the representative or their designates any lost-time injury at the place of employment that results in a worker receiving medical treatment and allow the co-chairpersons, the representative or their designates a reasonable opportunity to review the lost-time injury during normal working hours and without loss of pay or other benefits.
4 Oct 96 cO-1.1 Reg 1 s32.


Work where visibility is restricted

33 Where visibility in an area at a place of employment is restricted by smoke,
steam or any other substance to the extent that a worker is at risk of injury, an
employer or contractor shall not require or permit the worker to work in that area
unless the employer or contractor provides the worker with an effective means of
communication with another worker who is readily available to provide assistance
in an emergency.
4 Oct 96 cO-1.1 Reg 1 s33.


Work or travel on ice over water, etc.

34(1) Before a worker is required or permitted to work or travel on ice that is over
water or over other material into which a worker could sink more than one metre,
an employer or contractor shall have the ice tested to ensure that the ice will
support any load that the work or travel will place on the ice.
(2) Subsection (1) does not apply to winter roads built and maintained by the
Department of Highways and Transportation.
4 Oct 96 cO-1.1 Reg 1 s34.


Working alone or at isolated place of employment

35(1) In this section, “to work alone” means to work at a worksite as the only
worker of the employer or contractor at that worksite, in circumstances where
assistance is not readily available to the worker in the event of injury, ill health or
emergency.
(2) Where a worker is required to work alone or at an isolated place of
employment, an employer or contractor, in consultation with the committee, the
representative or, where there is no committee or representative, the workers, shall identify the risks arising from the conditions and circumstances of the worker’s work or the isolation of the place of employment.
(3) An employer or contractor shall take all reasonably practicable steps to
eliminate or reduce the risks identified pursuant to subsection (2).
(4) The steps to be taken to eliminate or reduce the risks pursuant to
subsection (3):
(a) must include the establishment of an effective communication system
that consists of:
(i) radio communication;
(ii) phone or cellular phone communication; or
(iii) any other means that provides effective communication in view of
the risks involved; and
(b) may include any of the following:
(i) regular contact by the employer or contractor with the worker
working alone or at an isolated place of employment;
(ii) limitations on, or prohibitions of, specified activities;
(iii) establishment of minimum training or experience, or other
standards of competency;
(iv) provision of personal protective equipment;
(v) establishment of safe work practices or procedures;
(vi) provision of emergency supplies for use in travelling under conditions
of extreme cold or other inclement weather conditions.
4 Oct 96 cO-1.1 Reg 1 s35.


Harassment

36(1) An employer, in consultation with the committee, shall develop a policy in
writing to prevent harassment that includes:
(a) a definition of harassment that includes the definition in the Act;
(b) a statement that every worker is entitled to employment free of
harassment;
(c) a commitment that the employer will make every reasonably practicable
effort to ensure that no worker is subjected to harassment;
(d) a commitment that the employer will take corrective action respecting
any person under the employer’s direction who subjects any worker to
harassment;
(e) an explanation of how complaints of harassment may be brought to the
attention of the employer;
(f) a statement that the employer will not disclose the name of a complainant
or an alleged harasser or the circumstances related to the complaint to any
person except where disclosure is:
(i) necessary for the purposes of investigating the complaint or taking
corrective action with respect to the complaint; or
(ii) required by law;
(g) a reference to the provisions of the Act respecting harassment and the
worker’s right to request the assistance of an occupational health officer to
resolve a complaint of harassment;
(h) a reference to the provisions of The Saskatchewan Human Rights Code
respecting discriminatory practices and the worker’s right to file a complaint
with the Saskatchewan Human Rights Commission;
(i) a description of the procedure that the employer will follow to inform the
complainant and the alleged harasser of the results of the investigation; and
(j) a statement that the employer’s harassment policy is not intended to
discourage or prevent the complainant from exercising any other legal rights
pursuant to any other law.
(2) An employer shall:
(a) implement the policy developed pursuant to subsection (1); and
(b) post a copy of the policy in a conspicuous place that is readily available
for reference by workers.
4 Oct 96 cO-1.1 Reg 1 s36.


Violence

37(1) In this section, “violence” means the attempted, threatened or actual
conduct of a person that causes or is likely to cause injury, and includes any
threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury.
(2) On and after January 1, 1997, places of employment that provide the following services or activities are prescribed for the purposes of subsection 14(1) of the Act:
(a) services provided by health care facilities mentioned in subclauses
468(b)(i) to (v) and (xii);
(b) pharmaceutical-dispensing services;
(c) education services;
(d) police services;
(e) corrections services;
(f) other law enforcement services;
(g) security services;
(h) crisis counselling and intervention services;
(i) retail sales in establishments that are open between the hours
of 11:00 p.m. and 6:00 a.m.;
(j) financial services;
(k) the sale of alcoholic beverages or the provision of premises for the
consumption of alcoholic beverages;
(l) taxi services;
(m) transit services.
(3) A policy statement required by subsection 14(1) of the Act must be in writing
and must include:
(a) the employer’s commitment to minimize or eliminate the risk;
(b) the identification of the worksite or worksites where violent situations
have occurred or may reasonably be expected to occur;
(c) the identification of any staff positions at the place of employment that
have been, or may reasonably be expected to be, exposed to violent situations;
(d) the procedure to be followed by the employer to inform workers of the
nature and extent of risk from violence, including, except where the
disclosure is prohibited by law, any information in the employer’s possession
related to the risk of violence from persons who have a history of violent
behaviour and whom workers are likely to encounter in the course of their
work;
(e) the actions the employer will take to minimize or eliminate the risk,
including the use of personal protective equipment, administrative
arrangements and engineering controls;
(f) the procedure to be followed by a worker who has been exposed to a
violent incident to report the incident to the employer;
(g) the procedure the employer will follow to document and investigate a
violent incident reported pursuant to clause (f);
(h) a recommendation that any worker who has been exposed to a violent
incident consult the worker’s physician for treatment or referral for postincident
counselling; and
(i) the employer’s commitment to provide a training program for workers
that includes:
(i) the means to recognize potentially violent situations;
(ii) procedures, work practices, administrative arrangements and
engineering controls that have been developed to minimize or eliminate
the risk to workers;
(iii) the appropriate responses of workers to incidents of violence,
including how to obtain assistance; and
(iv) procedures for reporting violent incidents.
(4) Where a worker receives treatment or counselling mentioned in clause (3)(h)
or attends a training program mentioned in clause (3)(i), an employer shall credit
the worker’s attendance as time at work and ensure that the worker loses no pay or other benefits.
(5) An employer shall make readily available for reference by workers a copy of
the policy statement required by subsection 14(1) of the Act.
(6) An employer shall ensure that the policy statement required by subsection
14(1) of the Act is reviewed and, where necessary, revised every three years
and whenever there is a change of circumstances that may affect the health or
safety of workers.
4 Oct 96 cO-1.1 Reg 1 s3

Alert First-Aid Inc is now serving: 

 Aberdeen | Allan | Annaheim | Assiniboia | Balcarres | Beauval | Biggar | Big River | Bruno | Buffalo Narrows | Cabri | Canwood | Carlyle | Caronport | Clavet | Colonsay | Consul | Cote | Craik | Creighton | Debden | Dillon | Dundurn | Edam | Elfros | Esterhazy | Estevan | Eston | Fillmore | Frontier | Gravelbourg | Griffin | Gull Lake | Hanley | Hudson Bay | Humboldt | Ile-a-la-Crosse | Indian Head | Kamsack | Kindersley | La Loche | Lampman | La Ronge | Lemberg | Lloydminster | Maple Creek | Maymont | Meadow Lake | Melfort | Melville | Moose Jaw | Moosomin | Muenster | Nipawin | Norquay | North Battleford | North Portal | Outlook | Prince Albert | Radville | Regina | Rocanville | Rockglen | Rosetown | Saskatoon | Shaunavon | Shellbrook | Swift Current | Tisdale | Unity | Wadena | Warman | Weekes | Weyburn | Whitewood | Wilcox | Wilkie | Wynyard | Yorkton