OHS in Newfoundland and Labrador

In Newfoundland and Labrador (NL), Occupational Health and Safety (OHS) is legislated through Digital Government & Services NL, and Workplace NL. 

A worker is defined as: a person engaged in an occupation.
  
To determine the number of workers, include all persons engaged in an occupation with the employer, including full and part-time, supervisors, managers, owners, and operators. Owners and operators may be excluded if not engaged in work.  

Employer's duties regarding Health & Safety

• Ensure the health, safety and welfare of workers and those not in their employ
• Maintain a healthy and safe workplace, systems, equipment and tools
• Provide information, instruction, training and supervision, including requirements by the OHS Act and Regulations and other associated legislation
• Provide operating instructions for using devices or equipment
• Ensure workers are aware of hazards
• Establish an OHS committee or worker health and safety representative or workplace health and safety designate as required and consult and co-operate with them
• Respond in writing to recommendations of the OHS committee, worker health and safety representative or workplace health and safety designate and provide them with periodic written updates on implementation
• Make arrangements for and consult with the OHS committee or worker health and safety representative or workplace health and safety designate during workplace inspections
• Co-operate with anyone exercising a duty imposed under OHS legislation
• Ensure safety clothing, equipment, and/or devices are used
• Ensure safety procedures are followed at all times
• Notify the Assistant Deputy Minister responsible for OHS of a workplace accident that results in or has the potential to result in a serious injury or death 

What are the worker's duties? 

• Protect their health and safety, that of co-workers and others at or near the workplace
• Co-operate with employer, co-workers, OHS committee/worker health and safety representative/workplace health and safety designate, and anyone exercising a duty imposed under OHS legislation
• Follow instructions and training
• Report hazardous conditions
• Properly use all safety equipment/devices/clothing 

What are the worker's rights?  

• Know about workplace hazards
• Participate and assist in identifying and resolving OHS issues
• Refuse unsafe work 

OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment & Bullying
Young Workers
Working Alone
Accessibility
Orientation & Training
First Aid
Emergencies, Hazards & Communicable Disease
GHS (WHMIS)
Return to Work

OHS POLICY 

A general OHS policy is required by all businesses with at least 1 employee. The policy must be written and easily accessible. The policy should be established in consultation with the worker health and safety representative/designate/committee.

The policy must:

• Include a statement of the employer’s commitment to cooperate with the worker health and safety representative/designate
• Include the responsibilities of the employer, supervisors, worker health and safety representative/designate, and workers in ensuring a safe workplace.
• Be signed and dated by the employer
• Be reviewed and updated at least annually in consultation with the worker health and safety representative/designate

A sample policy is available on the government website. CFIB members can also access a template Health and Safety Policy in the Member Portal.    

OHS PROGRAMS 

An OHS program is required when there are 20 or more employees at a workplace.  
 
WorkplaceNL promotes an OHS program made up of ten core elements: 

1. Leadership and administration
2. OHS committee
3. Education and training
4. Communication
5. Safe work practices and procedures
6. Hazard recognition, evaluation and control
7. Workplace inspections
8. Incident investigations
9. Emergency preparedness and response
10. Disability management 

An OHS program should include:

• a statement of the employer’s commitment to cooperate with the OHS committees and workers in the workplace in carrying out their collective responsibility for OHS.
• a statement of the respective responsibilities of the employer, supervisors, the OHS committees, and workers in carrying out their collective responsibility for OHS.  
• procedures to identify the need for and for the preparation of, written work procedures to implement health and safety practices, including practices required by the Act and the regulations, or by order of an officer.
• a plan for orienting and training workers and supervisors in workplace and job-specific safe work practices, plans, policies and procedures, including for emergency response, that are necessary to eliminate, reduce or control hazards.
• provision for establishing and operating an OHS committee, including
  • maintenance of membership records
  • procedural rules
  • access for the committee to management staff with the authority to resolve health and safety issues and to access information about the employer’s operations required under the Act and the regulations, and
  • a plan for training committee members as required under the Act.
• A system for the evaluation and monitoring of the workplace to identify potential hazards and the associated risks:
  • procedures and schedules for regular inspections by management and committee members
  • procedures for the identification, reporting and control or correction of hazards,
  • procedures for the prompt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence,
  • identification of the circumstances where the employer is required to report hazards to the committee and the procedures for doing so, and
  • measures for the accountability of persons responsible for the reporting and correction of hazards.
• a plan for the control of biological and chemical substances handled, used, stored, produced or disposed of at the workplace and where appropriate, the monitoring of the work environment to ensure the health and safety of workers and other persons at or near the workplace;
• a system to ensure that persons contracted by the employer or for the employer’s benefit comply with the program developed under this section and the Act and regulations;
• an emergency response plan;
• maintenance of records and statistics, including occupational health and safety committees minutes, reports of occupational health and safety inspections and investigations, with procedures to allow access to them by persons entitled to receive them under the Act; and
• provision for monitoring the implementation and effectiveness of the program. 

Review and, where necessary, revise the occupational health and safety program 

• at least every 3 years,
• where there is a change of circumstances that may affect the health and safety of workers, and
• where an officer requests a review. 
   

COMMITTEES & REPRESENTATIVES 

Health and Safety Representative 

• Worksites with 19 or fewer workers not connected to management, need a worker H&S representative
• The representative must complete Level 1 OHS Committee/Representative/Designate training.
• If fewer than 6 employees, you can have a Worker Health Safety Designate
• The Designate must complete Level 1 OHS Committee/WHS Representative/Designate training
• All training must be done through a WorkplaceNL-approved trainer
• Name of the Representative/Designate must be posted in a prominent position at the worksite.

Health and Safety Committee 

• Required when there are 20 or more workers at a worksite
• Committee can have between 2 and 12 members, at least half of whom must be workers not connected with management
• There must be two co-chairs – one representing the workers and one representing the employer
• Requires a health and safety program
• Names of committee members must be posted in a prominent position at the worksite  
• Post the meeting minutes in a prominent position at the worksite  
• When there are 20-49 workers at a worksite, the committee co-chairs must complete Level 1 AND Level 2 OHS Committee, WHS Rep & Designate training
• When there are 50 or more workers at a worksite, then all members of the committee must complete Level 1 AND Level 2 OHS Committee, WHS Rep & Designate training
• Training must be done though a WorkplaceNL-approved trainer 
• Must have meetings every 3 months – during normal work hours 

POSTERS, SIGNAGE, PRINTABLES 

Every employer needs to post the following to be compliant: 

• Print and keep a copy of the Occupational Health and Safety Act available for the employee(s) to access
• Health and Safety Policy
• Post the name of the Worker Health and Safety Representative/Designate/members of the Health and Safety Committee in a prominent place at the workplace (if applicable)
• The minutes of the most recent meeting
• A policy and procedure for the reporting of injuries
• The name of the person in charge of the first aid kit and/or first aid room
• The name and qualifications of each person trained in first aid
• An emergency procedure and a telephone list for reaching the nearest police, ambulance, fire station, hospital, or physician.  
• Signs indicating where smoking is and is not permitted; if the workplace is open to public, signs must also be posted at the entrances indicating smoking is not permitted. 

Smoke-free Sign requirements 
When a sign is required to indicate:

1. no smoking, the sign shall use the graphic no smoking symbol or state "no smoking"
2. a designated smoking room, the sign shall use the graphic designated smoking-room symbol or state "designated smoking room"; and
3. a designated e-cigarette use room, the sign shall state "designated e-cigarette use room". 

Even though the symbol mentioned above includes a cigarette, it shall be considered to refer to the smoking of any tobacco product, cannabis, vapour product or non-tobacco shisha product. 

VIOLENCE, HARASSMENT, & BULLYING 

NL separates Violence and Harassment requirements. 
  
Harassment
All businesses in Newfoundland and Labrador are required to have a written harassment prevention plan (HPP) in place created in conjunction with the OH&S committee/representative/designate. 
  
The HPP must include: 

• a definition of harassment and brief overview of the law
• the statement that every worker is entitled to a harassment-free workplace
• statements of employer’s commitment
• statement of supervisor’s obligations
• statement of worker’s obligations
• statement of confidentiality and workers’ rights under various laws 

Procedures must be developed for dealing with harassment complaints: 

• Write reporting procedures for making complaints
• Develop a Workplace Harassment Report Form
• Write procedures for investigating complaints
• Write procedures for notifying those involved of the results of the investigation and any actions taken
• Outline potential corrective actions for harassers
• Outline requirements for documentation and record-keeping 

If the investigation does not find evidence to support the complaint, no record of the complaint, investigation, or decisions will go in the complainant’s file, if the complaint was made in good faith. 

Implementing the HPP: 

• Train everyone in their specific roles and responsibilities
• Communicate the plan
• Enforce corrective actions 

Maintain the HPP: 

• Review and revise the HPP as necessary, but at least annually
• Determine if procedures are sufficient
• Identify any gaps or shortcomings that need updating 

The WorkplaceNL Harassment Prevention Guide includes a sample HPP. 
 
Violence  
All businesses should conduct a violence risk assessment and based on the result of the assessment find ways to eliminate or mitigate the risks. All businesses are required to have a Violence Prevention Policy and an Incident Report Form.  

WorkplaceNL's Workplace Violence Risk Assessment Guide includes a template risk assessment, a template Violence Prevention Policy, and a template Incident Report Form 

YOUNG WORKERS 

The Young Worker Occupational Health and Safety (OHS) Course was developed to help young workers entering the workforce better understand health and safety principles and practices. The course meets all of the health and safety related learning outcomes in the Career Development 2201 curriculum. 

Career Development 2201 is a mandatory high school course, meaning every high school student will have an opportunity to complete the Young Worker OHS Course. This opportunity could have a significant impact on the working lives of all young workers. 

Employers can also use this online course in their orientation programs when on-boarding young workers. 

The OHS 3203 high school course is available in all schools throughout the province. Students completing the course are certified in first aid, certified as an OHS Committee member, and receive Workplace Hazardous Materials Information System (WHMIS) training.  

WORKING ALONE

An employee is considered to be working alone when they cannot be seen or heard by another employee, they will be alone for some time, or if help is not readily available.  

A Working Alone Procedure is required – CFIB members can access a template in the Member Portal. The procedure must outline how the employee will be checked on. 

A working alone hazard assessment must be done, and the employer must do all due diligence to remove, or at least minimize, any hazards before the worker begins work. 

An example of assessment can be found on the government website. 

ACCESSIBILITY 

NL does not currently have accessibility legislation for private enterprises; however, there are things that can be done to make your business more accessible.

Recommended steps for small businesses:

• Review your premises for physical barriers (entrances, washrooms, aisles)
• Train staff on accessible customer service
• Develop a process for accommodating employees and customers with disabilities 

ORIENTATION & TRAINING 

The Regulations state that employers have a responsibility to have a “plan for orienting and training workers and supervisors in workplace and job-specific safe work practices, plans, policies and procedures, including emergency response, that are necessary to eliminate, reduce or control hazards;”

An employer has a responsibility to ensure the health, safety and welfare of their employees. This includes providing training on the use of devices/equipment that is provided for the safety of employees, as well as ensuring familiarity with policies and procedures.

Since every workplace is different, and has different hazards, the training programs must be tailored to the work environment. 
 
 For high-risk hazards (i.e., fall protection, confined space entry, power line hazards) WorkplaceNL has training standards and training must be done by a WorkplaceNL-approved trainer. 

FIRST AID 

All businesses need:  

• a written policy outlining the procedure for reporting injuries (template available to CFIB members in the Member Portal)
• a first aid kit that meets CSA Standard Z1220.  
• a first aid register, to be kept with the first aid kit.
• a printed copy of the first aid regulations.
• signage indicating the location of the first aid kit.
• to post the name and qualifications of the person in charge of the first aid kit
• to post an emergency communication procedure (template available in the Member Portal), including the name of the first aid certificate holder(s) as well as phone numbers or other instructions for reaching nearest emergency services.  

The number of trained First Aid providers depends on the number of workers during the shift: 

• If an employee is working alone, they must have an emergency first aid certificate.  
• Where there are 2-14 employees, there must be at least one worker with a valid emergency first aid certificate.
• Where there are 15-199 employees, there must be at least one worker with a standard first aid certificate, an additional worker must holds a valid emergency first aid certificate for every 25 workers and part of more than 25 workers. (Example: 60 workers on a shift would require 3 workers trained in emergency first aid; two for each group and 1 for the remaining group of 10)
• In addition to the above, 200 or more workers require a first aid room and first aid room attendant who is in a position to be readily available in case of an accident. 

Newfoundland and Labrador’s First Aid Guide is available here.  
  

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

There is no legal requirement to have an Emergency Response Plan, a Business Continuity Plan, a Communicable Disease Prevention Plan, or an Evacuation Plan, but having them is definitely a best practice. 

An Emergency Response Plan can be part of the OHS Program and would document essential procedures and reference lists. Having an emergency response plan will also help you draft a Business Continuity Plan, a document that identifies hazards, ways to minimize risk, and ensures the minimum of disruption to your business during an emergency.

A Communicable Disease Prevention Plan can also form part of the OHS program, and would provide guidelines for employees who have, or suspect they have a communicable disease such as the flu. CFIB members can access a template in the Member Portal.

We have information on our website regarding flood mitigation and the benefits of having a storm day policy. 

There is also information on being prepared on the NL Emergency Services website. 
 
 GHS (WHMIS) 

WHMIS (Workplace Hazardous Materials Information System) and GHS (Globally Harmonized System) are world-wide systems providing information on hazardous materials used in the workplace. Employees need to know how to work safely, but that doesn’t necessarily mean you need to implement costly training programs.

More information on WHMIS requirements in NL, can be found in the WorkplaceNL OHS Guide.

You can also find information on our website and the Canadian Centre for Occupational Health and Safety website.  

RETURN TO WORK  

Return to work is a standardized process for when an injured employee is ready to reintegrate back into the workplace. 

All workplaces must have a Return-to-Work policy. Note that that the requirements of the policy are specific to NL and include referencing certain sections of legislation. 

If WorkplaceNL determines your business to be a large PRIME Assessment employer, you are required to have a return to work program. 

CFIB members can access a full Return-to-Work package in the Member Portal.