Legislative roundup: Changes in OHS laws and regulations from West to East

Strict guidelines introduced for OHS credentials • Ontario confined spaces legislation consolidated • Workers’ compensation rates • Distracted driving ban in N.B. in force • Province increases health and safety fines

Alberta

Strict guidelines introduced for OHS credentials

Starting July 1, Alberta employers could face an immediate review of their safety accreditation if they have an on-site fatality, serious injury or multiple stop work orders. The province will put stricter guidelines for companies to keep their Certificate of Recognition (COR). Employers who do not hold a COR do not receive Partnerships in Injury Reduction (PIR) rebates from the province’s Workers’ Compensation Board and can’t bid on certain projects. 

Ontario

Ontario confined spaces legislation consolidated

Ontario’s confined space legislation will apply to industrial establishments, construction projects, health care and residential facilities, and mines and mining plants as of July 1. The legislation, O. Reg. 632/05 (Confined Spaces) of the Occupational Health and Safety Act (OHSA), which already includes all other workplaces covered by OHSA, will now also apply to those additional workplaces.

Workers’ compensation rates

Workers’ compensation premiums will rise two per cent on Jan. 1, 2012, for all employer rate groups, according to Ontario’s Workplace Safety and Insurance Board (WSIB). The 2012 average premium rate will be $2.40 per $100 of insurable earnings, an increase from $2.35 in 2011.

New Brunswick

Distracted driving ban in N.B. in force

On June 6, 2011, it became illegal to use handheld communications and entertainment devices while driving in New Brunswick. The legislation, passed last fall, prohibits the use or handling of hand-held cellular telephones, texting devices and portable entertainment devices while driving. The act prohibits the manual programming of any global positioning system while driving. Drivers using voice command, drivers using built-in screens and telecommunications workers who require special equipment to monitor service levels and disruptions are exempt from the legislation. Peace officers and fire and ambulance personnel will be exempt from the bans when performing their duties. Any driver will be permitted to make a 911 call as needed. Drivers of commercial vehicles will be allowed to use two-way radios and ham radio operators will be able to use them for search and rescue.

Nova Scotia

Province increases health and safety fines

Nova Scotia has passed legislation that increases the fines levied under the Occupational Health and Safety (OHS) Act, as of May 19, 2011. The maximum fine remains at $250,000 for a first offence and rises to $500,000 for additional offences within five years. The maximum fine for an offence involving a death is $500,000, under the new legislation. It is the province’s first increase since the maximum fine was set at $250,000 in 1996. The amendments were recommended by the Occupational Health and Safety Advisory Council.

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