BILL NO. 18

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Private Member's Bill

Occupational Health and Safety Act
(amended)

Keith Colwell
Preston

First Reading: November 26, 2007

(Explanatory Note)

Second Reading:

Third Reading:

This Bill amends the Occupational Health and Safety Act to require safety procedures for employees who work alone or in isolation and additional protections for such employees who work in late-night retail premises such as gasoline stations or convenience stores.

13A (1) In this Section and Section 13B, "to work in isolation" means to work in circumstances where assistance would not be readily available to an employee in the case of an emergency or of the injury or ill health of the employee.

(2) Before an employee is assigned to work alone or to work in isolation, the employer shall identify to the employee any hazards of the assignment.

(3) Before assigning an employee to work alone or to work in isolation, an employer shall take measures to eliminate any identified hazard and, where it is not practicable to eliminate the hazard, to minimize the risk from the hazard.

(4) For the purpose of minimizing the risk from a hazard in accordance with subsection (3), the employer shall use engineering controls, administrative controls or a combination of engineering controls and administrative controls to reduce the risk to the lowest level practicable.

(5) An employer shall implement a written procedure for checking the well-being of any employee assigned to work alone or to work in isolation that must include

(a) the maximum time interval between checks on the employee;

(b) procedures to follow when the employee cannot be contacted, including provisions for emergency rescue;

(c) the designation of a person to contact the employee at established times or after established time intervals;

(d) the keeping of records of all contacts made under clause (c);

(e) a check on the employee at the end of each work shift; and

(f) any requirements established by a committee with respect to the workplace.

(6) The employer of an employee assigned to work alone or to work in isolation shall ensure that the employee and any person designated to contact the employee under the procedure implemented pursuant to subsection (5) are trained in the procedure.

13B (1) In this Section,

(a) "late-night hours" means any time between ten o'clock in the afternoon of a day and six o'clock in the forenoon of the following day;

(b) "late-night retail premises" means

(i) retail premises selling gasoline or diesel oil, or

(ii) a convenience store or other retail store at which goods are sold directly to consumers,

that is open to the public during late-night hours.

(2) In addition to an employer's obligations under Section 13A, before an employee is assigned to work alone or to work in isolation during late-night hours at late-night retail premises where there is any risk of harm to the employee from violent acts, the employer

(a) shall have implemented a written procedure to ensure the employee's safety in handling money; and

(b) shall have put in place at least one of the following safety arrangements:

(i) ensured that the employee is physically separated from the public by a locked door or barrier that prevents physical contact with or access to the employee,

(ii) assigned one or more other employees to work with the employee during the late-night hours that the employee is required to work.

(3) The employer of an employee assigned to work alone or to work in isolation during late-night hours at late-night retail premises shall ensure that the employee is trained in the procedure referred to in clause (2)(a).

(4) An employer of any employees assigned to work alone or to work in isolation at late-night retail premises referred to in subclause (1)(b)(i) shall ensure that during late-night hours customers are required to pay for gasoline or diesel oil before it is provided to them.

13C The procedures referred to in subsections 13A(5) and 13B(2) must be reviewed by an employer at least annually and at any time there is

(a) a change in circumstances that could adversely affect an employee's well-being or safety; or

(b) a report that the procedures are not working effectively.