2022 Manitoba Workplace Safety and Health Act and Regulation

Hearing not required
37(3)
The director is not required to hold a hearing before deciding an
appeal.
Decision
37(4)
On an appeal, the director may
(a) make an order confirming, varying or setting aside the order or
decision; or
(b) make any other order the director considers reasonable.
Reasons
37(5)
The director must make a decision about the appeal, and give
written reasons, within a reasonable time after receiving the appeal
notice, unless the appeal has been referred to the Board under
section 38.
Original decision remains in effect pending appeal
37(6)
Unless the director orders otherwise, an appeal under this section
does not suspend the operation of the order or decision under
appeal.

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The Workplace Safety And Health Act
34
S.M. 1995, c. 33, s. 23; S.M. 2002, c. 33, s. 32; S.M. 2013, c. 9, s. 15; S.M. 2021, c.
16, s. 6.
Confirmation of order or decision
37.1
Despite section 37, the director may make an order confirming an
order or decision of a safety and health officer at any time after
receiving a notice of appeal if
(a) the director is of the opinion that the matter under appeal is
frivolous or vexatious; or
(b) in the case of an appeal of a reprisal, the director determines that the
reprisal was not referred to a safety and health officer in the time
period required by subsection 42.1(1.1).
S.M. 2021, c. 16, s. 7
Referring an appeal to Board
38(1)
Instead of deciding an appeal under section 37, the director may
refer it to the Board. In that case, subsections 39(2) to (8) apply to the
appeal, with necessary changes.
Reasons
38(2)
The director must give written reasons for a decision to refer an
appeal to the Board under subsection (1).