News Release Archive
LABOUR--MINISTER RELEASES DRAFT CHANGES TO OHS ACT
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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."
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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