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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend An Act to Amend the Occupational Health and Safety Act
 
Legislature :
55
Session :
1
Bill No. :
15
Member :
Hon. Mrs. Blaney
First Reading :
2003-12-9
Second Reading :
2003-12-12
Committee of the Whole :
2004-5-25
Amended :
Third Reading :
2004-5-26
Royal Assent :
2004-5-28
Download PDF :
  Bill 15         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 4 of An Act to Amend the Occupational Health and Safety Act, chapter 35 of the Acts of New Brunswick, 2001, is amended by adding the following after subsection 10.1(3) as enacted by section 4:



10.1(4)          Notwithstanding subsection 3(1), this section does not apply to a place of employment that is a private home.



2                           Paragraph 9(c) of the Act is amended by repealing subsection 20(12) as enacted by paragraph 9(c) and substituting the following:



20(12)            Pending any investigation under this section or, if an appeal is taken by an employee against the advice of an officer given under subsection (11), pending the decision of the Chief Compliance Officer, the employee shall remain available at a safe place near his or her work station during his or her normal work hours.



3                           Paragraph 10(b) of the Act is repealed and the following is substituted:



(b)               by adding after paragraph (1)(c) the following:



(d)               if the employee has appealed the advice of an officer given under subsection 20(11) to the Chief Compliance Officer, until the decision of the Chief Compliance Officer is rendered.



4                           This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



The existing provision is as follows:



4                           The Act is amended by adding after section 10 the following:



10.1(1)          In this section         



"employer" means an employer as defined in paragraph (a) of the definition "employer".



10.1(2)          A contracting employer who directs the activities of one or more employers involved in work at a place of employment shall ensure, as far as is reasonably practicable to so do, that each employer complies with this Act and the regulations in respect of that place of employment.



10.1(3)          Every contracting employer shall comply with this Act, the regulations and any order made in accordance with this Act or the regulations.



Section 2



The existing provision is as follows:



9                           Section 20 of the Act is amended…



(c)               by repealing subsection (12) and substituting the following:



20(12)            Pending any investigation under this section and the conclusion of any appeal taken by an employee against the advice given by an officer under subsection (11), the employee shall remain available at a safe place near his or her work station during his or her normal working hours.



Section 3



3                           The existing provision is as follows:



10                        Section 21 of the Act is amended…



(b)               by adding after paragraph (c) the following:



(d)               if the employee has appealed the advice of an officer given under subsection 20(11), until the appeal process is concluded.



Section 4



Commencement provision.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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