Advisory Circulars

Commercial & Business Aviation

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

Subject:  7. Health and Safety Representatives
(section 136)

AMENDED CODE EXPLANATION/APPLICATION
136.(1) Every employer shall, for each work place controlled by the employer at which fewer than twenty employees are normally employed or for which an employer is not required to establish a work place committee, appoint the person...as the health and safety representative for that work place. Health and safety representatives are appointed in companies where there are fewer than 20 employees, or where an employer is not required to establish a work place committee (when an employer is exempted from the requirement to establish a committee). In the former Code, a representative had to be appointed in companies with 5 to 19 employees.
(3) If a trade union fails to select a person..., a health and safety officer may so notify in writing the local branch of the trade union. The officer shall send a copy of the notification to the trade union's national or international headquarters and to the employer. Health and safety representatives are selected by the trade union or co-workers in work places where there is no union. If the employees or union fail or refuse to appoint a representative, a health and safety officer may notify the local branch of the problem in writing and must send a copy of the notification to the union's headquarters. This may trigger some effort on the part of the unions to appoint a representative or representatives for a work place committee.
(4) The employer shall perform the functions of the health and safety representative until a person is selected... If the employees or union fail or refuse to appoint a representative, the employer must assume the responsibilities of the representative.

Health and safety representatives enjoy the same powers as the members of a work place committee and work directly with the employer on health and safety matters.

 
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