Bill C-45 now in effect for employee safety

Amendments to Canadian criminal law have come into effect (March 31, 2004) that holds corporations more accountable for workplace injuries and deaths. 

Minister of Justice and Attorney General Irwin Cotler said the legislation is important because it underscores the relationship between corporate liability and public safety, “and it says to employers that those who fail to provide safe workplaces may be dealt with severely through the criminal law.” 

In the Bill C-45 amendments to the Criminal Code of Canada, organizations can be held criminally liable by:

• Criminal actions of senior officers who oversee day-to-day operations in addition to the acts of directors or executives
• Officers with executive or operational authority, who become aware of offences being committed by other employees but, in order to benefit the organization, do not take action to stop them
• The actions of those with authority and other employees, demonstrating a lack of care that constitutes criminal negligence 

These changes increase the maximum fine that can be imposed on an organization for a summary conviction to $100,000 from $25,000. 

There is no limit on fines for organizations that commit more serious offences. 

The term “organization” is defined as a variety of group structures, including a public body, a company or partnership. 

Bill C-45 imposes a legal duty on all those who direct work (including employers) to take reasonable measures to protect employee and public safety. Reckless disregard of this duty causing death or bodily harm could result in a charge of criminal negligence. 

The provisions of Bill C-45 stem from a House of Commons standing committee report on workplace safety and corporate liability. This review was prompted by the Westray mine disaster that killed 26 miners in Nova Scotia on May 9, 1992. 

More information on Bill C-45 is available on the Department of Justice website at: http://www.justice.gc.ca/eng/rp-pr/other-autre/c45/ 

An online version of the legislation is available at http://www.parl.ca/

Workplace safety and health guidelines

Workplace safety and health guidelines https://www.safemanitoba.com/Resources/Pages/ResourceTypes.aspx?ResourceType=Guides

Safety bulletins

SAFE Work Manitoba Safety bulletins https://www.safemanitoba.com/Resources/Pages/ResourceTypes.aspx?ResourceType=Bulletins

Consolidation regulations of Manitoba

http://web2.gov.mb.ca/laws/regs/index.php

W210 The Workplace Safety and Health Act

Title of Act/Regulation	Consolidated Regulation	Date
Administrative Penalty Regulation	89/2014	29 March 2014
Operation of Mines Regulation	212/2011	24 December 2011
Workplace Safety and Health Regulation	217/2006	11 November 2006
Amendments	147/2010	30 October 2010
	107/2011	16 July 2011
	165/2012	29 December 2012
	90/2014	29 March 2014

Employing young workers

Tips for supervisors 
Remember your first few days on the job? 

How much did you know then? 

How much were you taught by your supervisor? 

Legislation 
Section 4.1 of Manitoba’s Workplace Safety and Health Act (WSH Act) outlines your duties as a supervisor. The law says that you, as a supervisor must: 

1. Ensure that all workers work in accordance with the provisions of the WSH Act and its Regulations. 
2. Ensure that your workers use protective devices and wear the required personal protective equipment.
3. Let your workers know about any potential or actual dangers in the workplace that you are aware of.
4. Take every precaution reasonable in the circumstances for the protection of workers under your supervision. 

Did You Know? 
… that every year more than 7000 young workers aged 15-24 report injuries to the WCB (Source: Workers Compensation of Manitoba) 
… that young male workers are almost twice as likely to be injured on the job than any other group? 
… that young workers are often unable to recognize hazards? 
… that young workers tend not to ask questions because they want to make a good impression and look “smart”?
… that young workers are an asset to your workplace – with fresh eyes, new ideas and good questions to ask? 
… that, as a supervisor, you are legally responsible for your workers? 
… that Manitoba students are learning about their rights and responsibilities in the workplace? 
… that if you fail to comply with the WSH Act, you could be subject to prosecution? 

Here’s what you need to do… 

• Spend more time explaining the job, providing training and supervising young and new workers.
• Set and explain safety rules and ensure everyone follows them.
• Ensure all hazards are explained and thorough job-specific safety training is provided before the work is assigned.
• Explain the importance of prompt reporting of unsafe conditions and health and safety concerns. Ensure they know it is a priority for you and tell them how to report the hazard so you can act on it immediately.
• Make yourself available to answer questions and provide advice 
• Lead by example: wear required protective devices and always reinforce safety on the job 
• Establish and maintain open lines of communication 

Are you a new supervisor? 
Get training in Manitoba’s safety and health legislation and in the hazards in your workplace. The WSH Act requires employers to appoint competent supervisors: knowledgeable about the work and hazards of the jobs they are supervising.

For general requirements or questions about workplace safety and health, you can call Client Services at (204) 945-3446 or visit the website at http://www.gov.mb.ca/labour/safety/ 

For more information about young workers go to https://www.safemanitoba.com/Pages/default.aspx 

SAFE WORK 

S	SPOT THE HAZARD
A	ASSESS THE RISK
F	FIND A SAFER WAY
E	EVERY DAY

Tips for supervisors 
Starting points… 
This list, though not comprehensive, outlines information you should cover with your young workers. 

• Everyone is entitled to work in a healthy and safe work environment. 
• Everyone has the responsibility to contribute to making and keeping the workplace safe.
  Discuss: 
• Asking for help when they are unsure. 
• Proper equipment operation including the mandatory use of guards and lock-out systems. 
• Emergency procedures including the location of first aid, fire exits, extinguishers and eye wash stations. • How and when to use personal protective equipment. 
• Your company’s health and safety rules. 
• Correct lifting techniques. 
• Good housekeeping practices.
  Training techniques: 
• Because people learn differently, use a variety of training techniques with your young worker. 
• Guide your young worker through resources for health and safety information. 
• Schedule sufficient time in the appropriate learning environment. 
• Be hands-on, evaluate their learning and give them feedback. 

Bright ideas 

• Host a new worker welcoming get together to celebrate their arrival.
• Give a guided tour of the entire workplace. 
• Introduce new young workers to key people in the organization. This may include the Health and Safety Manager, Health and Safety Committee members or Health and Safety representatives. 
• Use articles and other information about workplace injuries and deaths that have occurred in other workplaces to reinforce the health and safety message. 
• Continually reinforce the importance of health and safety. 
• Put stickers on equipment warning young workers they shouldn’t use it without training or supervision. 
• Pair up your young worker with an experienced, safety-conscious worker. 
• Recognize safe work practices and if safety rules are not observed, find out why. 

Bottom line 
YOU have direct responsibility for the safety of your workers, but also a unique opportunity to be a role model for young workers just starting out. Be a part of creating tomorrow’s safe and healthy workforce.

To determine specific rights and obligations under the laws regulating workplace health and safety, the reader is directed to the provisions of the Workplace Safety and Health Act and the Regulations made under that statute.

Developing a Workplace Safety and Health Program

Work Safe Bulletin: No. 220, December 2002: Developing a Workplace Safety and Health Program https://www.safemanitoba.com/Resources/Pages/bulletin-220.aspx

Manitoba employment standards: an introduction

Resources 

• Department of Labour publishes several documents outlining employment standard
• Be diligent that you are being treated fairly 
• Available on their website http://www.gov.mb.ca/labour/standards/doc,quick_guide,factsheet.html

Employment standards code

• Outlines laws on minimum wage – hours of work, holidays and other workplace benefits 
• Laws are administered by a neutral party, the Employment Standards Branch of the Department of Labour 
• The Branch also investigates complaints of violation 

Who is not covered?

• Self-employed people 
• Parts of the code do not apply to certain categories of workers including: 
• Agricultural workers, Sitters, Professionals, Part-time domestic workers, Crown employees, Family members in a family business, Temporary election workers 
• Industries under federal jurisdiction 

Employee pay 

• As of October 1, 2017, the minimum wage is $11.15 
• Equal pay for men and women doing substantially the same work in the same establishment 
• Employee must be paid at least twice a month and within 10 working days after the end of each pay period 
• Employee must be paid within 10 working days of termination
• Deductions can be only those authorized by law or specifically consented to by the employee 
• Unions negotiate deductions 
• CPP contributions mandatory 

Overtime 

• Standard work hours o 8 hours per day 
• 40 hours per week
• Unless exemptions are made through collective agreement 
• If employee works more hours than this 
• Overtime pay must be paid at a rate of 1.5 regular pay or 
• Paid time off given at 1.5 times number of hours (time off must be taken within 3 months of overtime unless agreement in writing to extend beyond 3 months) 

Minimum age of employment 

• If child under 16, permit must be obtained 
• Signed by parent or guardian and employer
• If during school year, also signed by principal 
• Babysitters not covered 

Vacations 

• All employees covered by code, entitled to annual vacations with pay 
• For each year worked for same employer, 2-week paid vacation 
• After 5 years, 3 weeks 
• For two weeks, allowance is 4% of gross wages (excluding overtime) 
• For three weeks, allowance is 6% of gross wages (excluding overtime) 
• Employer must pay the vacation allowance by last working day before vacation begins
• Other arrangements can be made as long as the employee agrees to them 
• If employee terminated before vacation, accrued allowance must be paid 
• If no agreement can be made on annual vacation dates, employer must give 15 day notice of the date that employee’s vacation will begin 
• Employee must take vacation at that time
• Employer cannot ask employee to take less than one week of vacation at one time 

General holidays 

• New Year’s Day
• Louis Riel Day (3rd Monday in February)
• Good Friday 
• Victoria Day 
• Canada Day 
• Labour Day 
• Thanksgiving Day 
• Christmas Day 

Maternity leave 

• 17 weeks unpaid leave, if worked for same employer for 7 months 
• May begin any time during the 17 weeks before expected delivery date and end no later than 17 weeks after delivery date 
• After that, parental leave is available for up to 37 weeks
• Mothers must have employer agree to an arrangement where she takes parental leave at any time other than right after maternity leave 
• Father can take parental leave any time with 52 weeks of the child’s birth or adoption
• Written notice is required at least 4 weeks before the beginning of parental leave
• Employees may end his or her maternity/parental leaves early by giving 2 weeks or 1 pay period notice before the day she/he wishes to return
• Must be reinstated to former position or a similar position at same or higher wage
• Paid maternity/parental leave is federal jurisdiction 

Entitlements

• At least 30 minutes unpaid meal break for every 5 hours worked 
• 1 day off/week (some exceptions, e.g. home care) 
• Employees must be paid a minimum of 3 hours of pay if called in on non-working day (for those who normally work more than a 3 hour day) 
• If required to begin or end work between midnight and 6 a.m., employer must cover cost of adequate transportation to work or place of residence

Discretionary 

• Coffee breaks 
• Sick days
• Compassionate bereavement leave
• August Civic Holiday 
• Easter Sunday 
• Boxing Day

Termination

• Notice usually at least 1 pay period in advance except when:
• Occurs within first 30 days of employment
• If different notice practice established 
• If employment for a specific length of time or task 
• Violence or other inappropriate behaviour

Protection 

• Employers cannot threaten to or actually suspend, terminate or restrict employees or layoff or discriminate for the following reasons 
• Garnishment proceedings against employee
• Filing a complaint under the code 
• Giving evidence or information under the code 
• Statements of disclosure under the code 
• Refusing to work on a Sunday