No exemption in case of negligence 49(2) Subsection (1) does not apply where the person exercising any
of the powers given to him under this Act or the regulations is
negligent in the performance thereof.
Officials cannot be compelled to testify 49.1 A safety and health officer, a person assisting a safety and
health officer, the chief occupational medical officer, the
director, or any other person acting under the authority of
this Act or the regulations, is not a compellable witness in a
civil action or proceeding — other than an inquest or inquiry
under The Fatality Inquiries Act — respecting any document,
information, or test obtained, received or made under this Act
or the regulations, and may not be compelled to produce any
such document.
S.M. 2002, c. 33, s. 40.
Medical examinations and health surveillance 50(1) The chief occupational medical officer may carry out, or may
arrange for another physician or other qualified person to carry
out, any medical examinations or health surveillance of workers
or former workers as he or she considers desirable for the
purpose of administering this Act and the regulations. But no
medical examination of a worker may be carried out without
the worker’s consent.
Examinations during working hours 50(2) Medical examinations shall, wherever reasonably practicable,
be conducted during working hours without loss in pay to the
worker being examined and the employer shall, if required
by the physician or other qualified person, provide suitable
accommodation for such examinations at the workplace, and
otherwise facilitate the conduct of those examinations.