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Manager's Handbook Canada Labour Code - Part II



This Handbook was developed to assist Public Service managers in interpreting and implementing the requirements of Part II of the Canada Labour Code (the Code). Since the Code was extensively amended in September 2000, it is expected that legal interpretations of key sections will evolve with experience. As a result, this Handbook will be subject to regular revisions. This version was revised on May 1, 2002.

This web-based version will be the principal document where revisions will be made. The Handbook will not be published in any other format. However, you are authorised to download, copy, distribute and use this document in any electronic or paper form in support of activities within the Federal Public Service.

Table of Contents

Chapter 1 - Overview

Duties

Internal Complaint Resolution Process
Right to Refuse to Work
Pregnant and Nursing Employees
Complaints when Action Against Employees
Policy Health and Safety Committees
Work Place Health and Safety Committees
Provisions Common to Policy and Work Place Committees
Health and Safety Representatives
Coal Mining Safety Commission
Administration
Health and Safety Officers

Appeals of Decisions and Directions
Disciplinary Action
Offences and Punishment
Providing of Information
Powers of the Canada Industrial Relations Board
Fees
Regulations
Application of Provincial Laws

Chapter 2 - "Danger"

Definition of Danger
Definition of Safety
Health
Duties of Employers (those related to protecting against "danger")
Internal Complaint Resolution Process
Process
Refusal to Work
Health and Safety Officer's Directions

Appeals of Decisions and Directions

Chapter 3 - Internal Complaint Resolution Process

Internal Complaint Resolution Process
Special Safety Measures (contraventions)
Direction in the event of "danger"
Prohibited Disciplinary Action
Complaints when Action Against Employees

Chapter 4 - Refusal to Work

Definition of Danger
Refuse to Work Process
Appeals of Decisions and Directions
Prohibited Disciplinary Action
Complaints when Action Against Employees

Chapter 5 - Pregnant and Nursing Employees

Protection of Pregnant and Nursing Employees
Prohibited Disciplinary Action
Complaints when Action Against Employees

Chapter 6 - Policy Health and Safety Committees

Employer Duties Related to Policy Committees
Duty to Establish Policy Health and Safety Committees
Additional Provisions Common to Policy and Workplace Committees
Powers and Duties of Policy Committees
Checklist for Management

Chapter 7 - Workplace Health and Safety Committees

Employer Duties Related to Workplace Committees
Duty to Establish Workplace Health and Safety Committees
Additional Provisions Common to Policy and Workplace Committees

Chapter 8 - Health and Safety Representatives

Employer Duties Related to Health and Safety Representatives
Duty to Appoint Health and Safety Representatives

Chapter 9 - Prohibited Disciplinary or Discriminatory Action

Prohibited Disciplinary Action
Complaints when Action Against Employees

Chapter 10 - Assurances of Voluntary Compliance (AVCs) and Directions

Assurances of Voluntary Compliance
Health and Safety Officers
General Matters
Special Safety Measures

Chapter 11 - Appeals of Decisions and Directions

Decisions
Directions
New Process
Appeals of Decisions and Directions
Advice to Managers

Chapter 12 - Offences and Penalties

General Offence
Death, Illness or Injury
Risk of Death or Injury
Defence
Presumption
Minister's Consent Required
Officers and Senior Officials
Evidence of Direction
Limitation Period
Venue
Information
Injunction Proceedings
Injunction
Imprisonment Precluded
Recovery of Fines
Due Care and Diligence
What Managers Need to Know and Do