Advisory Circulars

Commercial & Business Aviation

OVERVIEW OF THE AMENDMENTS TO
PART II OF THE CANADA LABOUR CODE

Subject:  4. Duties of Employees (section 126)

AMENDED CODE EXPLANATION/APPLICATION
  Employees must ensure their own health and safety at work by using the safety materials that are provided by the employer, by following prescribed procedures and complying with instructions, by cooperating with committee members or health and safety representatives, etc.
126.(1) While at work, every employee shall
(j) report to the employer any situation that the employee believes to be a contravention of this Part by the employer, another employee or any other person.
Where employees only had to report hazardous situations to the employer under the former Code, they now have the legal obligation to report contraventions of the Code, of which they have knowledge, to their employer. This duty aims to increase the involvement of employees in the preventative aspect of health and safety in their work place.
126.(3) No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer, as requested by the employer, in providing first aid or in carrying out any other emergency measures. Employees are also protected from personal liability when assigned any role under the Code, such as first aid attendant or fire warden.
 
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