Since June 6, 2013, the new provisions essentially target the
safe management of asbestos in facilities as well as materials and
products which might potentially contain asbestos.
On these grounds, employers now have essentially the following
To locate flocking and heat insulating material in facilities
contingent on their construction date and to check, every two
years, flocking and heat insulation material containing
Before undertaking work liable to generate dust, the employer
must check for the presence of asbestos in the materials and
products likely to contain some.
To ensure that corrective measures are taken to repair or
remove interior finish that may emit dust because of its state and
to control the emission of asbestos dust in flocking and heat
To train and inform the workers before undertaking work liable
to produce asbestos dust emissions.
Employers must keep and update a register which contains
information with regards to flocking and heat insulating material
and allow disclosure of the information.
As per An Act Respecting Occupational Health and
Safety, the employer's obligations are also extended to
those who retain the services of a worker for the purposes of his
establishment. Moreover, a worker is defined as a person, including
a student in the cases determined by regulation, who, under a
contract of employment or a contract of apprenticeship, even
without remuneration, carries out work for an employer, except a
person employed as manager, superintendent, foreman or as the agent
of the employer in his relations with his workers or a director or
officer of a legal person.
Employers are awarded a delay of two years of the coming into
force of this Regulation to conduct inspection and locate the
flocking and the heat insulating material.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).