Labour and OHS Legislation a Year in Review

2010 was a significant year for labour and occupational health and safety legislation. The Safety Administrative Penalties Regulations came into affect and the draft Labour Relations and Employment Board Act was put before the Legislature with a promise to be enacted in 2011.

When the Safety Administrative Penalties Regulations came into affect there was no grace period or phase-in to the legislation. As of January 15, whenever an Occupational Health and Safety (OHS) Officer issued an Order for non-compliance an Administrator at the OHS Division could issue an accompanying monetary penalty (fine). Employees could receive a penalty of between $100 and $1000, supervisors between $250 and $2000, and employers between $500 and $4000.

Historically, there were approximately 4,000 Orders issued each year by OHS Officers. Some estimate that Orders for non-compliance in 2010 are up 300%! Orders are a result of any number of non-compliance 
issues, for example: failure to post required documentation in the workplace (e.g. Orders, Minutes from safety meetings, the OHS Act, etc), failure to provide respiratory equipment, failure to train staff on safety procedures, failure to properly guard or lock-out equipment, failure to prevent workplace violence, failure to have an established Joint Occupational Health and Safety Committee or a designated Safety Representative, etc, etc.

The question on most people’s minds is whether the Safety Administrative Penalties Regulations are affective. Did the new regulations deter unnecessary injuries, deaths and unsafe work practices in the workplace? In 2008, 29 Nova Scotia workers died on the job. The incidence of death in 2009 did not improve. So what about 2010? Interestingly, while there have been significant numbers of workers injured on the job, not a single worker died. Is this a result of the Regulations or is this a statistical anomaly? The experts are still out on this.

Historically in Nova Scotia, there were six boards that heard employee concerns. Which board heard which complaints depended upon the industry sector from which the employee originated or the nature of the complaint. The NS government is proposing a new legislation called the Labour Relations and Employment Board Act which would consolidate these six boards into a single board.

What does this mean for employers? On a positive note, a single board will result in high level consistency around procedure and reduce the likelihood of multiple boards hearing the same complaint from the same employee.

Having said this, employers should be wary for a couple of reasons. Language contained within the Act is controversial, specifically language around successor rights and out-contracting by the government. Though the Dexter government has indicated that the Act is not intended to unionize outworkers, non-unionized businesses are not comfortable with the language.

And then there is the issue around a single board and who hears which complaints. With a single board there would be no guarantee that an industry or issue-specific subject matter expert would be assigned to the complaint. What will be the outcome for employers in front of board members who are unfamiliar with the nuances and needs of the industry sector and its governing legislation?

Labour and OHS legislations are complicated. Don’t get caught unaware – find out what applies to your industry and familiarize yourself with what is required of you.

Submitted by Tanya Sieliakus.
Find her at: www.hr-pros.ca.
Contact her at tanya@hr-pros.ca or (902) 293-0253.