5. Interventions

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5.1. Every request for assistance from an employer or an employee shall receive prompt response from either department.

5.2. Upon receiving a request for assistance from an employer or an employee and determining responsibility over the request, HRDC -Labour or Transport Canada shall promptly ensure that such request is appropriately dealt with by the responsible department.

5.3. Safety officers exercise all the powers, duties and functions required to apply and enforce the Code and the Regulations made thereunder, including:

  1. advising employers and employees in the federal transportation sector on the prevention of safety and health hazards and on the means of compliance with the requirements of the Code;
  2. routinely visiting work places subject to the Code to monitor compliance with the Code;
  3. investigating refusals to work, as provided for by section 129 of the Code, and fatalities in accordance with the OPD s;
  4. investigating complaints related to safety and health and hazardous occurrences in accordance with the compliance policy, including obtaining an AVC from an employer or employee where there has been a contravention that does not constitute a danger to an employee and issuing directions to employers and employees where required; and
  5. as described in prosecution guide contained in the OPD s, seeing to the preparation of all prosecutions for non-compliance with the provisions of the Code and its regulations, and appearing in court and giving evidence when required.

5.4. A person designated as the regional safety officer at HRDC -Labour headquarters shall be responsible for reviewing in accordance with section 146 of the Code directions issued by any safety officers.

5.5. A safety officer shall not be required to give testimony in any civil suit regarding information obtained in the discharge of the officer's duties without the written permission of the Minister of Labour.

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