St. John’s, Newfoundland and Labrador, Legislation and Workplace Inspections
Occupational Health and Safety Act Overview
The Occupational Health and Safety Act imposes certain minimum conditions on all workplaces that ensure that workers are provided with an environment that neither impairs their health or imperils their safety.
37. Where 10 or more workers are employed at a workplace, the employer shall establish an occupational health and safety committee to monitor the health, safety and welfare of the workers employed at the workplace.
38. (1) A committee shall consist of the number of persons that may be agreed to by the employer and the workers but shall not be less than 2 nor more than 12 persons.
Duties of Committees
39. A committee established under section 37
(a) shall seek to identify aspects of the workplace that may be unhealthy or unsafe;
(a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct;
Newfoundland and Labrador Regulations under the Occupational Health and Safety Act
18. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or his or her representative at intervals to ensure that safe working conditions are maintained and that unsafe conditions found as a result of the inspection are remedied without delay.
(2) Where an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker from being injured.
(3) Where emergency action is required to correct a condition that constitutes an immediate threat to workers, only those qualified and properly instructed workers necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place.
- Occupational Health and Safety Regulations, 2012 under the Occupational Health and Safety Act (O.C. 2012-005)
Formal inspections are regularly scheduled examinations of the workplace completed with the aid of a checklist and inspection report.
Workplace inspections are intended to:
- Identify existing and potential hazards
- Determine the underlying cause of hazards
- Recommend corrective actions
- Monitor the effectiveness of hazard controls
- Provide an opportunity for the employer and workers to communicate
- Maintain a safe and healthy workplace
The employer is responsible for ensuring the workplace is regularly inspected. Employers must consult with the OH&S committee and/or WH&S representative/designate about scheduling workplace inspections and ensure they participate. If these parties make recommendations, the employer must respond in writing within 30 days to say if the recommendations have been accepted or rejected. If rejected, the employer must provide reasons. If accepted, the employer must provide written updates regarding implementation.
Samples of workplace inspection checklists and workplace inspection corrective action report forms are available in Able Audit.
Practice Incentive Component
The PRIME practic incentive component recognizes employers for good occupational health and safety (OH&S) and return-to-work practices through a 5% refund on their average calculated base assessments.
For the purposes of PRIME Practice Incentive requirements you must have:
- Two completed workplace inspection checklists
- Completed workplace inspection reports to ensure corrective actions are taken, which are signed by OH&S committee members or the WH&S representative/designate
Learn more about how Able Audit safety inspection features can you help you perform and manage inspections, distribute reports and manage action items.