Duties of employers

      25.  (1) An employer A person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services shall ensure that,

         (a)    the equipment, materials and protective devices as prescribed Prescribed by a regulation made under this Act are provided;

         (b)    the equipment, materials and protective devices provided by the employer are maintained in good condition;

         (c)    the measures and procedures prescribed are carried out in the workplace Any land, premises, location or thing at, upon, in or near which a worker works ;

         (d)    the equipment, materials and protective devices provided by the employer are used as prescribed; and

         (e)    a floor, roof, wall, pillar, support or other part of a workplace is capable of supporting all loads to which it may be subjected without causing the materials therein to be stressed beyond the allowable unit stresses established under the Building Code Act.

      (2) Without limiting the strict duty imposed by subsection (1), an employer shall,

         (a)    provide information, instruction and supervision to a worker A person who performs work or supplies services for monetary compensation but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program to protect the health or safety of the worker;

         (b)    in a medical emergency for the purpose of diagnosis or treatment, provide, upon request, information in the possession of the employer, including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed;

         (c)    when appointing a supervisor A person who has charge of a workplace or authority over a worker , appoint a competent person;

         (d)    acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent;

         (e)    afford assistance and co-operation to a committee A joint health and safety committee established under this Act and a health and safety representative A health and safety representative selected under this Act in the carrying out by the committee and the health and safety representative of any of their functions;

          (f)    only employ in or about a workplace a person over such age as may be prescribed;

         (g)    not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace;

         (h)    take every precaution reasonable in the circumstances for the protection of a worker;

          (i)    post, in the workplace, a copy of this Act and any explanatory material prepared by the Ministry The Ministry of Labour , both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers;

          (j)    prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy;

         (k)    post at a conspicuous location in the workplace a copy of the occupational health and safety policy;

          (l)    provide to the committee or to a health and safety representative the results of a report respecting occupational health and safety that is in the employer’s possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety; and

        (m)    advise workers of the results of a report referred to in clause (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety.

      (3) For the purposes of clause (2) (c), an employer may appoint himself or herself as a supervisor where the employer is a competent person A person who, (a) is qualified because of knowledge, training and experience to organize the work and its performance, (b) is familiar with this Act and the regulations that apply to the work, and (c) has knowledge of any potential or actual danger to health or safety in the workplace .

Note: On June 15, 2010, section 25 is amended by adding the following subsection:

(3.1)  Any explanatory material referred to under clause (2) (i) may be published as part of the poster required under section 2 of the Employment Standards Act, 2000.  2009, c. 23, s. 2.

See: 2009, c. 23, ss. 2, 9.

      (4) Clause (2) (j) does not apply with respect to a workplace at which five or fewer employees are regularly employed.