OVERVIEW OF THE AMENDMENTS TO
PART II OF THE CANADA LABOUR CODE
Subject: 7. Health and Safety Representatives
|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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