1. Duties of an ESDC Health and Safety Officer
Marc Béland Regional Health and safety representative National capital region

2. Canada Labour Code Part II
The term Health and Safety Officer was repealed with various changes to the Code in 2013.
Who performs the work now?
Currently the Labour Affairs Officers (health and safety) who work for the Labour Program of ESDC.

3. Section 140
140 (1) Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers, duties or functions the Minister is authorized to exercise or perform for the purposes of this Part.

4. Delegation of power
140. (2) Subject to subsection (3), the Minister may, with the approval of the Governor in Council, enter into an agreement with any province or any provincial body specifying the terms and conditions under which the Minister may delegate to a person employed by that province or provincial body the powers, duties or functions that the Minister is authorized to exercise or perform for the purposes of this Part.

5. How do the HSO’s perform their duties?
Prior to 2013 an HSO had control over their assignments
This has changed with the changes in 2013.
What does it mean?
Interpretation, Policies and Guidelines (IPG)
Operations Program Directives

6. How is the work performed?
Senior advisor
Technical advisor
Head office
Interpretation, Policies and Guidelines (IPG)
Operations Program Directives

7. Tools used to obtain compliance
Assurance of Voluntary Compliance
Direction
Prosecution
Injunction

8. Assurance of Voluntary compliance (AVC)
Not in the Code
Not a legal document
Utilized for minor infractions and where the HSO thinks compliance will be achieved
A promissory note for which the offending party will tell the HSO when they will be compliant

9. Direction Sections 129, 141,145 Legal document
Can be issued to employer and/or employees
It will state the violation sections and that the “party” shall cease the violation by a date determined by the HSO

10. Prosecution Sections 148, 149 of the Code
Used in serious cases of injury/illness, fatalities and repeated violations of the Code.

11. Injunctions
Sections 152, 153
Not utilized often

12. punishment
Sections 148,154
Fines up to One Million dollars per count and/or up to 2 years in jail

13. Questions?