Kulun Lake Safety Book: The Essential Lake Safety Guide For

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 12.52 MB

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Pages: 28

Publisher: CreateSpace Independent Publishing Platform (December 15, 2014)

ISBN: 1505514835

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(a) the nature of the work performed at the workplace; (b) any request for an order by an employer, prime contractor, worker or union representing workers at the workplace; (c) the frequency of injury or illness in the workplace or in the industry in question; and (d) with respect to an order under subsection (6), any additional criteria set out in the regulations. 40(7.1) If, after making an order under subsection (6), additional information comes to the attention of the director, the director may, in accordance with the regulations, reconsider the order and (i) he or she would have come to a different decision if the information had been known when the order was made, or (ii) a worker's safety or health is materially affected by the order. (a) shall consist of not fewer than four or more than 12 persons, of whom at least 1/2 shall be persons (i) representing workers who are not associated with the management of the workplace, and (ii) appointed in accordance with the constitution of the union that is the certified bargaining agent or that has acquired bargaining rights on behalf of those workers, or where no such union exists, persons elected by the workers they represent; and (b) shall have two co-chairpersons — one chosen by the employer members on the committee, and the other chosen by the worker members on the committee — who shall alternate in serving as chairperson at meetings of the committee and shall participate in all decisions of the committee. 40(9) The employer or prime contractor shall ensure that the names of the committee members are posted conspicuously in the workplace. (a) the receipt, consideration and disposition of concerns and complaints respecting the safety and health of workers; (b) participation in the identification of risks to the safety or health of workers or other persons, arising out of or in connection with activities in the workplace; (c) the development and promotion of measures to protect the safety and health and welfare of persons in the workplace, and checking the effectiveness of such measures; (d) co-operation with the occupational health service, if such a service has been established within the workplace; (e) co-operation with a safety and health officer exercising duties under this Act or the regulations; (f) the development and promotion of programs for education and information concerning safety and health in the workplace; (g) the making of recommendations to the employer or prime contractor respecting the safety and health of workers; (h) the inspection of the workplace at regular intervals; (i) the participation in investigations of accidents and dangerous occurrences at the workplace; (j) the maintenance of records in connection with the receipt and disposition of concerns and complaints and the attendance to other matters relating to the duties of the committee; and (k) such other duties as may be specified in this Act or prescribed by regulation. 40(11) A member of a committee is entitled to take the following time off from his or her regular duties: (a) one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting; (b) the time required to attend each meeting of the committee; (c) the time required to attend workplace safety and health training in accordance with section 44, as approved by the committee and the employer; (d) such time as the committee determines is necessary to carry out his or her duties as a committee member under this Act and the regulations. 40(12) A member of a committee is deemed to be at work during the times described in subsection (11) and is entitled to be paid for those times by his or her employer at the member's regular or premium pay, as applicable. 40(13) The employer or prime contractor must ensure that committee members are trained to competently fulfill their duties as committee members. (a) at a workplace, other than a construction project, where a safety and health committee is not required but where five or more workers are regularly employed; (b) at a construction project, notwithstanding the requirements for a safety and health committee; and (c) at any other individual workplace or classes of workplaces designated by a written order of the director. 41(2) The worker safety and health representative shall be appointed in accordance with the constitution of the union which is the certified bargaining agent or has acquired bargaining rights on behalf of those workers, or if no such union exists, shall be elected by the workers he represents. 41(3) The employer shall cause the name of the representative to be posted prominently in the workplace. 41(5) The worker representative shall, in co-operation with a representative of the employer, perform the same duties as set out for the workplace safety and health committees in section 40. 41(6) A representative is entitled to take the following time off from his or her regular duties: (a) one hour to prepare for each safety and health meeting with the employer; (b) the time required to attend each safety and health meeting with the employer; (c) the time required to attend workplace safety and health training in accordance with section 44, as approved by the employer; (d) such time as is necessary to carry out his or her duties as a representative under this Act and the regulations. 41(7) A representative is deemed to be at work during the times described in subsection (6) and is entitled to be paid for those times by his or her employer at the representative's regular or premium pay, as applicable. 41(8) The employer must ensure that the representative is trained to competently fulfill his or her duties as a representative. 41.1(1) In this section, "employer" means an employer or prime contractor who is required to establish a committee or to designate a representative. 41.1(1.1) If a committee has failed to reach a decision about whether or not to make a recommendation under clause 40(10)(g) after attempting in good faith to do so, either co-chairperson may make written recommendations to the employer. 41.1(2) Within 30 days after receiving a recommendation from a representative, a committee or a committee co-chairperson that identifies anything that may pose a danger to the safety or health of any person, the employer must respond in writing to the representative, committee or committee co-chairperson who made the recommendation. (a) contain a timetable for implementing the recommendations that the employer accepts; (a.1) contain any interim control measures that the employer will implement to address the danger posed to the safety or health of a person; and (b) give reasons why the employer disagrees with any recommendations that the employer does not accept. 41.1(4) If no agreement can be reached regarding the response of an employer under subsection (3), any of the following may refer the matter to a safety and health officer: (c) a member of the committee; (d) if there is no committee, the representative. 41.1(5) If a dispute regarding a recommendation is referred to a safety and health officer, the officer may issue an order or a decision in accordance with this Act. 41.1(6) Nothing in this section limits the right of a worker to refer any matter respecting safety and health directly to a safety and health officer. 41.2 If requested by a committee or a representative, or a worker if there is no committee or representative, the employer or prime contractor must disclose the following to the committee, representative or worker: (a) information concerning the testing of any equipment, device or chemical or biological substance used at a workplace; (b) an inspection or investigation report respecting safety and health at the workplace, other than a harassment investigation report; (c) a report respecting workplace safety and health monitoring or audits; (d) a report providing summary information on the results of a harassment investigation, without disclosing the circumstances relating to the complaint or any information that could identify a worker or other person involved with the matter. 41.3(1) A safety and health officer who conducts an inspection or investigation at a workplace, may request that he or she be accompanied by (a) the worker co-chairperson of the committee or his or her designate; (b) if there is no committee at the workplace, the representative; (c) if there is no committee or representative at the workplace, a worker selected by the union; or (d) if there is no committee, representative or union representing workers at the workplace, a worker not associated with the management of the workplace. (a) exercising a right under or carrying out a duty in accordance with this Act or the regulations; (b) testifying in a proceeding under this Act; (c) giving information about workplace conditions affecting the safety, health or welfare of any worker to (i) an employer or a person acting on behalf of an employer, (ii) a safety and health officer or another person concerned with the administration of this Act, (iii) another worker or a union representing a worker, or (iv) a committee or a representative; (d) performing duties or exercising rights as a member of a committee or as a representative; (e) refusing to do dangerous work under section 43; (f) taking reasonable action at the workplace to protect the safety or health of another person; (g) complying with this Act or the regulations or a code of practice under this Act, or an order or decision made under this Act; or (h) attempting to have this Act or the regulations enforced. 42(2) In addition to the circumstances giving rise to discriminatory action as set out in subsection (1), an employer who fails to pay wages or benefits to a worker when required to do so by this Act is deemed to have taken discriminatory action against the worker under this section. 42.1(1) A worker who believes on reasonable grounds that the employer or union has taken discriminatory action against him or her for a reason described in section 42 may refer the matter to a safety and health officer. 42.1(2) If a safety and health officer decides that an employer or union has taken discriminatory action against a worker for a reason described in section 42, the officer shall make an order requiring the employer or union to do one or more of the following: (b) reinstate the worker to his or her former employment on the same terms and conditions on which the worker was formerly employed; (c) pay the worker any wages the worker would have earned had he or she not been wrongfully discriminated against and compensate the worker for loss of any benefits; (d) remove any reprimand or other reference to the matter from any employment records the employer maintains about the worker. 42.1(3) If a safety and health officer decides that no discriminatory action was taken against a worker for a reason described in section 42, the officer shall inform the worker in writing of the reasons for that decision. 42.1(4) If, in a prosecution or other proceeding under this Act, a worker establishes (a) that discriminatory action was taken against him or her; and (b) that the worker conducted himself or herself in a manner described in section 42; it shall be presumed that the discriminatory action was taken because of the worker's conduct Brevig Lake Safety Book: The Essential Lake Safety Guide For Children becomingvisibleconference.org.

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