Lesson 1: Workplace safety law in Newfoundland and Labrador
Workplace safety in Newfoundland and Labrador is set by the Occupational Health and Safety Act and the Occupational Health and Safety Regulations, 2012. The Act is enforced by the provincial government's Occupational Health and Safety (OHS) Division and its officers. WorkplaceNL (the Workplace Health, Safety and Compensation Commission) runs workers' compensation and sets standards for safety training.
Basic duties
- The employer must give workers the information, training and supervision they need to work safely (Act, s. 5).
- Workers must take reasonable care to protect their own health and safety and that of others (Act, s. 6).
- Workers must follow the safe work procedures they were taught and report hazards to the employer or supervisor right away (Regulations, s. 17).
WorkplaceNL's OHS guide lists security guards as an example of workers who often work alone. Night shifts, empty buildings and remote sites all add risk.
Lesson 2: The working alone rule (section 15)
Newfoundland and Labrador has a specific working alone rule in section 15 of the OHS Regulations, 2012. To work alone or in isolation means to work where help would not be readily available if there is an emergency or if the worker is injured or becomes ill (s. 15(1)).
| Section | What the employer must do |
|---|---|
| 15(2) | Carry out a risk assessment when a worker is assigned to work alone |
| 15(3) | Put in controls to eliminate the risk, or minimize it where elimination is not practicable |
| 15(4) | Develop and implement a written procedure for checking on the worker's well-being |
| 15(5) | Set the time interval between checks and the steps to take if the worker cannot be contacted, including emergency response |
| 15(6) | Name a designated person to contact the worker at the set intervals and record the results |
| 15(7) | Develop the procedure with the worker and the committee, worker health and safety representative or designate |
| 15(8) | Review the procedure at least once a year, and sooner if work changes or a report shows it is not working |
The regulation does not set one fixed check-in time for every job. The interval goes in the written procedure and should match the risks found in the assessment. Under the OHS First Aid Regulations, an employer must provide an effective means of checking on lone workers at intervals satisfactory to an officer (s. 12), and must make sure a lone worker holds a valid emergency first aid certificate where reasonable or where an officer requires it (s. 4(3)).
Your check-in checklist
- Know the interval, the designated person and the backup contact.
- Test your radio or phone at the start of every shift.
- Know what happens if you miss a check-in, and who calls 911.
- Report dead zones, broken lights and other hazards right away.
Lesson 3: Workplace violence and harassment
Under section 22 of the regulations, violence means the attempted or actual use of physical force to injure a worker. It also includes threatening statements or behaviour that give a worker reason to believe they are at risk of injury.
- Risk assessment (s. 22.1): the employer looks at past incidents, similar workplaces, the location and circumstances of the work, and concerns raised by the committee or representative.
- Controls (s. 23): where there is a risk of violence, the employer sets procedures, policies and work arrangements to eliminate it, or minimize it if it cannot be eliminated.
- Family violence (s. 23): if the employer knows, or ought to know, that family violence likely to cause injury may happen at work, it must take every reasonable precaution.
- Informing workers (s. 24): workers must be told about the risk and the precautions, including information about people with a history of violent behaviour they are likely to meet.
Harassment
Workplace harassment is inappropriate, vexatious conduct or comment toward a worker that the person knew or ought to have known would humiliate, offend or intimidate them (s. 22(2)). Reasonable action by an employer or supervisor to manage and direct work is not harassment (s. 22(4)).
Every employer must have a written harassment prevention plan (s. 24.1). It must say every worker is entitled to work free of harassment, explain how to report and how complaints are investigated, give a route to an external third party if the employer or supervisor is the alleged harasser, and protect workers from retaliation. The plan must be available to all workers and reviewed at least once a year. The employer must investigate complaints and train employees on the plan (s. 24.2).
Lesson 4: Your three rights and the right to refuse
Workers in Newfoundland and Labrador have the right to know about hazards, the right to participate in health and safety, and the right to refuse dangerous work.
How a work refusal works
- You may refuse work you have reasonable grounds to believe is dangerous to your health or safety, or to another worker or person at the workplace (Act, s. 45(1)).
- Report the exact problem to your supervisor right away (s. 46). If it is fixed to your satisfaction, go back to work.
- If not, the OHS committee or worker health and safety representative investigates.
- If it is still not resolved, report it to the OHS Division or an officer (s. 47). An officer investigates and advises whether to return to work.
During a refusal, the employer may give you reasonably equivalent work, and you must accept it. You keep the same wages and benefits whether or not you are reassigned (s. 45(2) to (4)). An employer or union must not dismiss, discipline or cut the pay of a worker for a reasonable refusal (s. 49). The right must not be misused without reasonable grounds (s. 48).
Committees and representatives
| Workplace size | What the Act requires |
|---|---|
| 20 or more workers | An OHS committee of 2 to 12 people, at least half representing workers, meeting at least once every 3 months (ss. 37, 38, 40) |
| Fewer than 20 workers | A worker health and safety representative not connected with management (s. 41) |
| Fewer than 6 persons | A workplace health and safety designate, where a representative is impracticable (s. 42.1) |
Lesson 5: Reporting injuries and serious incidents
| 对象 | What | 日期 |
|---|---|---|
| Worker | Tell the employer about a work injury | Immediately, and before leaving the job voluntarily (Workplace Health, Safety and Compensation Act, 2022, s. 61) |
| Worker | File a Form 6 claim with WorkplaceNL | Within 3 months of the injury |
| Employer | Report the injury to WorkplaceNL (Form 7) | Within 3 days of learning of it (s. 65) |
| Employer | Notify the OHS Division of an accident causing serious injury or death, or with the reasonable potential to do so | Immediately (OHS Act, s. 54) |
The OHS Division runs a 24-hour line for reporting serious accidents: 709-729-4444. A death must also be reported in writing within 5 days, and a serious injury within 3 days (Regulations, s. 10).
As a guard, your job after an incident is to get help, keep people safe, protect the scene if it is safe, and give your supervisor a full, accurate report. Your notes may be used by the employer, WorkplaceNL and OHS officers.
资料来源
- Occupational Health and Safety Act (RSNL 1990, c. O-3)
- Occupational Health and Safety Regulations, 2012 (NLR 5/12)
- WorkplaceNL OHS Guide: Working alone
- WorkplaceNL OHS Guide: Violence and harassment
- WorkplaceNL OHS Guide: Three rights of workers
- WorkplaceNL OHS Guide: OHS committees, WHS representatives and designates
- WorkplaceNL OHS Guide: Notifications and reporting