2022 Manitoba Workplace Safety and Health Act and Regulation


Improvement work not affected



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whs workplace safety act and regs

Improvement work not affected
36(2)
A stop work order does not prevent the doing of any work or thing
that may be necessary in order to remove the risk of injury referred
to in subsection (1) or (1.1).
36(3)
[Repealed] S.M. 2002, c. 33, s. 31.
Duration of stop work order
36(4)
A stop work order remains in effect until it is
(a) withdrawn or discontinued by the safety and health officer who
issued it; or
(b) set aside or varied by the director or the Board under subsection
37(4) or 39(5).


The Workplace Safety And Health Act
31
Duration of varied order
36(5)
When the director or the Board varies a stop work order, the varied
order remains in effect until a safety and health officer withdraws
or discontinues it.
Workers must be paid
36(6)
While a stop work order is in effect,
(a) any worker who is directly affected by the order is entitled to the
same wages and benefits that he or she would have received had
the stop work order not been issued; and
(b) the employer may re-assign the worker to alternate work.
If alternate work not available
36(7) 
If the employer provides satisfactory evidence to the director that
alternate work is not available, the director may order that clause
6(a) does not apply for any period that the director specifies in
the order, but until the director makes an order the employer is
required to provide a worker with all wages and benefits under
that clause.
Appeal
36(8)
A person affected by an order of the director under subsection (7)
may appeal it to the Board. In that case, section 39 applies with
necessary changes.
S.M. 2002, c. 33, s. 31; S.M. 2013, c. 9, s. 14.
COMMUNICATING IMPROVEMENT ORDERS 
AND STOP WORK ORDERS

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