Forum Replies Created
-
Great question. Sask’s rules are a bit unusual. As in most other provinces, employers must designate the employer members; the weird thing is that they also designate the worker members. However, the Act stipulates that no person can be designated as a worker member unless he/she:
(a) is elected by the workers at the place of employment for that purpose; or
(b) is appointed from the place of employment in accordance with the constitution or bylaws of the union of which the workers are members.
If there’s more than one union, they must all agree on who to designate and the workers must vote to approve the agreement (Sask Employment Act, Sec 3-22(4))
-OHSInsider Staff
Sask. OHS Regs. aren’t much help, I’m afraid. Thus, Section 25‑3(1) requires employers to ensure that portable fire extinguishers “are selected, located, INSPECTED, maintained and tested so that the health and safety of workers at the place of employment is protected” (emphasis added) but don’t specify a frequency. I’d suggest you check what your local fire code requires for your type of establishment.
-OHSInsider Staff
I wish I could but I don’t have access to NFPA 10. Maybe one of our other users who does have the standard can offer some insight. In addition, what I can do is look up the OHS regulatory requirement if you tell me which jurisdiction’s law applies and the kind of facility you have.
-OHSInsider Staff
Great question. As in all jurisdictions, employers in Saskatchewan must ensure that workers are “competent” to perform the work they’re assigned, defined as “possessing knowledge, experience and training to perform a specific duty” (Sask Employment Act, Sec. 3-1(1)(e). That would presumably include the duty to provide safety training.
However, there are certain tasks that must be performed by a worker who’s not just “competent” but “qualified”, defined as “possessing a recognized degree, a recognized certificate or a recognized professional standing and demonstrating, by knowledge, training and experience, the ability to deal with problems related to the subject-matter, the work or the project.” “Qualified” worker tasks include performing electrical work and operating powered mobile equipment.
The problem is that the OHS laws don’t specify whether a person that provides training must be competent or qualified. On the one hand, the general approach in Sask is that “competent” is the default rule. In other words, a task requires competence unless it specifically says the worker must be qualified. Since delivering training isn’t addressed, the default “competent” standard would apply.
On the other hand, there are also some forms of training that do require not just competence but qualification, such as first aid or operating PME.
Based on all of this, my reading is that general and non-technical safety training must be provided by a “competent” person while more complex and elaborate forms of training would require a “qualified” person.
I wish I could offer a more straightforward answer but there’s a lot of gray area in OHS laws. I hope this helps.
-OHSInsider Staff
Yes, as in all jurisdictions, employers in Saskatchewan must provide fall protection to workers at risk of falling 3 metres or more. This is true regardless of whether the worker is on a portable ladder, elevated surface, lifting device, etc. Basic Rule: Unless there’s a guard rail or similar barrier in place, you must implement a written fall protection plan for the site. See SK OHS Regs, Section 9-3.
-OHSInsider Staff
I apologize for not replying sooner.
While I don’t know enough about your business to say this with 1,000% metaphysical certainty, what I can say is that airlines are subject to federal and not provincial OHS Regulations, i.e., Canada Labour Code and the Canadian OHS Regulations.
And, yes, noise hazard control is required under the COHS Regs, namely in Part VII. It’s also required under the Aviation OHS Regulations, under Part 2. However, neither of these federal Regs specifically require annual hearing testing the way BC and I believe Alberta OHS regulations do. That’s likely to change but testing isn’t part of the deal right now. Of course, regulatory requirements are just minimum standards and testing of airline employees who are exposed to noise hazards is highly advisable as a best practice.
-OHSInsider Staff
That is not an express requirement of OHS Regulations in Saskatchewan or, to my knowledge, in any other province. However, keep in mind that the OHS regulations aren’t the primary source of requirements governing fire alarms in workplaces. In fact, the OHS regulations get into these issues in only a general way. It’s also imperative to check the requirements of fire codes, starting with the National Fire Code of Canada, 2020. Provincial and municipal fire and building codes may also apply. These laws provide the nuts and bolts details on fire alarms and equipment. Hope this helps.
-OHSInsider Staff
By “sit in,” do you mean serve as a member of? The general answer is that a JHSC must have a minimum number of both management and worker members. The latter must work at the site of the JHSC and be elected as members. There may be restrictions on which workers can serve as worker representatives, especially in a union workplace, depending on the jurisdiction. If you tell me which jurisdiction you’re in, I can look up the worker member eligibility rules that apply.
If by “sit in” you mean attend a JHSC meeting, then, yes, any worker may attend the meeting unless the particular JHSC has a bylaw restricting attendance, in which case the bylaw restrictions apply.
-OHSInsider Staff
Just wanted to add that requirements governing physical spaces, including minimum widths, dimensions and areas of walkways and aisles in commercial facilities, come not so much from the OHS laws but provincial and municipal building and fire codes. So you should definitely check those sources. Hope we helped.
-OHSInsider Staff
