News Release Archive
LABOUR--MINISTER RELEASES DRAFT CHANGES TO OHS ACT ------------------------------------------------------------ Nova Scotia's Occupational Health and Safety (OHS) Act will become clearer and stronger with draft changes introduced today by Labour Minister Guy Brown. "The changes we are proposing will give Nova Scotians a stronger framework for health and safety in their workplace," said Mr. Brown. "It will mean good things for workers, families, employers and our economy." The draft amendments, tabled in the legislature, allows Nova Scotians to become familiar with the changes and offer feedback. The minister intends to re-introduce the bill for passage during the next legislative session. "The need for change is crucial, but it is also important for Nova Scotians to have a solid understanding of their rights and responsibilities -- before they become law," said the minister. For almost three years, the Nova Scotia Occupational Health and Safety Advisory Council has been reviewing the province's workplace health and safety rules. This included extensive consultation and participation from over 100 labour and management volunteers. Government's draft amendments build on the recommendations of the advisory council, which submitted a final report to the minister at the end of September. "This was a real partnership effort. I'd like to thank everyone involved in the review for their hard work and dedication. Together, management and labour tackled difficult issues and came up with practical solutions." The foundation of the OHS Act is internal responsibility -- the concept that people inside the workplace are in the best position to influence health and safety. This widely-accepted philosophy is clearly defined in the draft legislation. The draft bill strengthens three basic rights: the right to know, the right to refuse unsafe work, the right to participate in workplace health and safety issues. For the first time, employers and employees have the right to appeal decisions of officers. Workers who are adversely affected for their involvement in health and safety will have a more comprehensive process for resolving complaints. Employees and employers will also have the right to accompany an OHS officer during workplace inspections. Other changes include the requirement for OHS policies in organizations with five or more employees. Health and safety programs will be required for companies with 20 or more workers. The current act calls for joint management-labour OHS committees in workplaces with 20 or more employees. To support improvements in smaller organizations, the proposals suggest OHS representatives for workplaces with five or more employees. The draft bill also clarifies the roles and duties of various workplace parties, including the chain of responsibility on multi-employer sites. For the first time, owners, professional engineers, architects and suppliers of health and safety services will be considered workplace parties. The proposals also improve an employee's right to know about health and safety issues. For example, the process for communicating OHS information is more clearly defined with new requirements for posting. Written responses to OHS orders and committee recommendations will also be required. The draft bill gives greater support to employees who refuse unsafe work with reasonable cause. Work refusals also will be broadened to include situations where the safety of the general public is at risk. In the area of enforcement, a number of positive steps are proposed. In keeping with public feedback, penalties will rise from a maximum of $10,000 to $250,000. Maximum imprisonment will increase from one year to two years. Fines for each additional day of offence will increase from $1,000 to $25,000. The draft bill also allows for a system of creative sentencing in addition to regular penalties. At the court's discretion, this might involve supporting efforts in OHS education, participating in community service or publishing details about the offence. The proposals pave the way for occupational health and safety officers to use summary offence tickets. This would improve the division's ability to enforce rules in a way that makes the best use of time and resources. The bill also focuses on early training and prevention by phasing-in the duty to teach OHS principles in trade schools and community colleges. The minister encouraged all Nova Scotians to become informed about the proposed changes. "Workplace health and safety must be a priority for every Nova Scotian. Today, we have taken an important step in improving health and safety. Tomorrow, we must work together to for a safer, healthier province." -30- Note to Editors: Copies of the draft bill are available at the Nova Scotia Government Bookstore or Nova Scotia Communications Services, both at ground level on 1700 Granville Street. Contact: Jennifer MacIsaac 902-424-4680 or 902-424-3219 trp Dec. 14, 1995