When it comes to occupational health and safety in Saskatchewan, there are no shortcuts to staying on the right side of the law.
Experienced Saskatoon litigator and MLT Aikins partner John Agioritis is presenting an informative session for employers at this year's Saskatchewan Safety Seminar February 4-6 in Saskatoon. His presentation is titled: Dealing with Notices of Contraventions, Compliance Undertakings and Stop Work Orders in Saskatchewan.
"Anytime your staff interacts with the safety regulator, it can be overwhelming and stressful. It's important to be prepared," John says.
"This presentation will review the steps you need to follow if a worksite inspection results in the issuance of a Notice of Contravention, a Compliance Undertaking or Stop Work Order. My presentation will also review the processes that must be followed and how you can appeal those decisions if you don't agree with them. We will also examine occupational health and safety committees and OH&S programs in general."
Understanding key enforcement tools
- Notices of Contravention: These formal documents are issued by occupational health and safety officers when they form the opinion that the workplace is not in compliance with The Saskatchewan Employment Act, The Occupational Health and Safety Regulations, 2020 and related regulations. Typically, the Notice outlines observations and alleges a specific contravention of the legislation. This requires the submission of a progress report within a specified timeframe.
- Compliance Undertakings: This is a written agreement where a workplace party commits to taking specific steps to comply with OH&S legislation within a defined period after an officer has observed a possible infraction. It serves as an alternative to a Notice of Contravention. A progress report must be submitted to the officer within five business days of the specified compliance date.
- Stop Work Orders: This is issued when an OH&S officer determines that a situation poses a serious risk to worker health and safety. The Stop Work Order mandates the immediate cessation of work until the hazard is addressed. These Orders are significant and can be very damaging to your business operations.
Recent developments in Saskatchewan's occupational health and safety landscape
In recent years, Saskatchewan has seen significant legal actions emphasizing the importance of compliance with safety regulations.
"Staying on top of your company's OH&S program requires vigilance and due diligence, which is why knowing your rights and obligations is so important," adds John.
John's upcoming presentation will offer key insights for attendees, particularly those involved in safety management and compliance. Participants can expect to gain:
- In-depth knowledge: A thorough understanding of the legal frameworks governing notices of contravention, compliance undertakings, and stop work orders in Saskatchewan.
- Practical guidance: Strategies for effectively responding to and managing these enforcement tools to ensure compliance and enhance workplace safety.
- Legal perspectives: Insights into recent decisions and legal cases impacting occupational health and safety, providing context and real-world applications.
- Best practices: Recommendations for managing interactions with the safety regulator and disputing decisions that are not based on reasonable, credible or documented evidence.
By attending the Saskatchewan Safety Seminar and this session, employers and workplace parties will be better equipped to navigate the complexities of occupational health and safety regulations.
"Ultimately, it will contribute to safer work environments across Saskatchewan's diverse industries," says John.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.