2022 Manitoba Workplace Safety and Health Act and Regulation


Director to give information to Board



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whs workplace safety act and regs

Director to give information to Board
38(3)
On referring an appeal to the Board, the director shall
(a) inform the person appealing that the appeal has been referred to the
Board;
(b) give the Board
(i) the appeal notice under section 37,
(ii) any written information the director has that is relevant to the
appeal, and
(iii) a list of persons who the director thinks are directly affected by
the order or decision under appeal; and
(c) give each person on that list a copy of the appeal notice and any
written information the director has that is relevant to the appeal.
S.M. 2002, c. 33, s. 32.
Appeal to Board
39(1)
Any person directly affected by an order or decision of the director
under section 37 may appeal it to the Board, but an order or decision
of the director under section 37.1 is final and cannot be appealed to
the Board.


The Workplace Safety And Health Act
35
How to appeal
39(2)
The person appealing must send a written appeal notice to the
Board within 14 days after the date of the order or decision, or
within any further period that the Board may allow. The notice
must state the reasons for the appeal and must be in the form
and contain the information the Board requires.
Notice of hearing date
39(3)
On receiving a notice of appeal, the Board shall
(a) fix a date, time and place for hearing the appeal; and
(b) give written notice of the hearing to the person appealing, the
director and any other person directly affected, at least five days
before the hearing date.
Director is party
39(4)
The Director is a party to an appeal under this section.
Right to be heard
39(5)
At the hearing, the Board shall give any interested person an
opportunity to be heard, to present evidence and to make
presentations.

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