Amendments Strengthen Offshore Occupational Health and Safety Practices

An Act to Amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act will receive second reading in the House of Assembly Monday, May 6.

The amendments to this legislation reflect Newfoundland and Labrador’s commitment to offshore safety and support the creation of a comprehensive legislative Occupational Health and Safety regime for the province’s offshore. They are the result of extensive collaboration between the province, the Governments of Canada and Nova Scotia, and offshore petroleum boards. Legislation will also be tabled by the Governments of Canada and Nova Scotia.

“The Government of Newfoundland and Labrador is committed to protecting individuals working offshore,” said the Honourable Tom Marshall, Minister of Natural Resources. “The amendments will strengthen our province’s offshore oil and gas regime by establishing the legislative foundation for occupational health and safety in the offshore as well as providing for the appropriate regulatory making authority.”

A significant achievement of the proposed legislative amendments is the ability to strengthen occupational health and safety legislation for the offshore oil and gas industry in the province. The amendments are tailored to the offshore working environment and include a worker’s right to refusal, a worker’s right to know, a worker’s right to reprisal protection for raising health and safety concerns; and joint allocation of responsibility among operators, employers, workers, and suppliers on matters related to health and safety.

The new occupational health and safety regime proposed by the amendments clearly applies to workers in transit to or from offshore platforms. The federal Minister of Transport will now be required to sign off on regulations for the application of the occupational health and safety regime to workers in transit. The operator will continue to be responsible for passengers.

“This legislation creates one regime that streamlines and simplifies the occupational health and safety framework for the offshore,” said the Honourable Nick McGrath, Minister of Service NL and Minister Responsible for the Workplace Health, Safety and Compensation Commission. “These amendments, similar to the provincial Occupational Health and Safety Act, are tailored to reflect the different offshore workplace parties and unique offshore working environment and are based on the principles of transparency, accountability, and enforceability.”

Additional information on the amendments can be found in the backgrounder below.

“Today’s announcement is a result of our extensive collaboration with the provinces to protect Canadians working in the offshore oil and gas industry – a sector vital to jobs and our economy,” said the Honourable Joe Oliver, Canada's Minister of Natural Resources. “The proposed amendments introduce measures that will further enhance Canada’s offshore industries’ ability to operate safely and to the highest environmental standards.”

Budget 2013: A Sound Plan, A Secure Future has allocated $79,600 to the Occupational Health and Safety Branch of Service NL for the addition of one new position. As well, an existing position has been reassigned. Both positions will be dedicated to the offshore program.

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BACKGROUNDER
Proposed Amendments to Offshore Occupational Health and Safety Legislation

The Provincial Government is committed to collaborating with the Governments of Canada and Nova Scotia, and offshore petroleum boards to strengthen the offshore regime by proposing amendments to streamline the legislation concerning occupational health and safety.

The proposed amendments and subsequent regulations will affect the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act. Consequential amendments will also be required for the Labour Relations Act and the Workplace Health, Safety and Compensation Act.

The proposed amendments will:

1. Place authority and fundamental principles of occupational health and safety within the Accord Acts;
2. Clarify the roles and responsibilities of governments, regulators, employers and employees. Notably, provincial labour ministers and the federal Minister of Natural Resources (in consultation with the federal Minister of Labour and Transport Canada) will develop regulations for offshore occupational health and safety, while the Canada-Nova Scotia Offshore Petroleum Board (C-NSOPB) and the Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB) will administer the new legislation;
3. Grant the offshore petroleum boards the authority to disclose information to the public related to occupational health and safety;
4. Ensure that the new occupational health and safety regime clearly applies to workers in transit to or from offshore platforms, and it would require that the federal Minister of Transportation also recommend regulations related to the occupational health and safety of offshore workers in transit; and,
5. Provide clear and specific enforcement powers for occupational health and safety officers including the powers of inspection and investigation, warrant provisions, and order measures in case of dangerous situations.

2013 05 02             12:45 p.m.