2022 Manitoba Workplace Safety and Health Act and Regulation



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whs workplace safety act and regs

Onus
20(4)
Where a code of practice is admitted as evidence under subsection
(2), and a prima facie case of non-compliance with the code of
practice is established, the onus is on the accused to prove that he
has complied with the regulation.
Exemption from regulation
21(1)
After consulting with any parties he or she considers appropriate,
the director may, in accordance with the regulations, make a
written order exempting a person or class of persons from any
provision of a regulation to meet the special circumstances in a
particular case.


The Workplace Safety And Health Act
25
Considerations on exemptions
21(2)
The director may make an order under subsection (1) only if he or
she is satisfied that no worker’s health or safety is materially affected
by the exemption and any criteria set out in the regulations are met.
Terms and conditions of order
21(3)
The director may impose any terms or conditions in connection with
the order that the director considers necessary to maintain the safety
or health of a worker.
Reconsideration of exemption order
21(4)
If, after making an order under this section, additional information
comes to the attention of the director, the director may, in
accordance with the regulations, reconsider the order and
(a) confirm the order; or
(b) vary, suspend or revoke the order if the director believes that
(i) he or she would have come to a different decision if the
information had been known when the order was made, or
(ii) a worker’s safety or health is materially affected by the order.
S.M. 2002, c. 33, s. 23; S.M. 2013, c. 9, s. 11.
SAFETY AND HEALTH OFFICERS
Appointment of safety and health officers
22(1)
The minister may appoint persons as safety and health officers for
the purpose of enforcing this Act and the regulations.

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