2022 Manitoba Workplace Safety and Health Act and Regulation

Regulation applies to self-employed persons
1.6
A provision of this regulation that applies to an employer or a worker
also applies, with necessary changes, to a self-employed person.
Employer’s obligations extended
1.7
A provision of this regulation that applies to a worker also applies,
with necessary changes, to an employer who performs work or other
services.
ORDERS FOR EXEMPTIONS FROM REGULATIONS
Exemption orders
1.8(1)
The director may make an exemption order under section 21 of the
Act on request, or on his or her own initiative.
1.8(2)
Unless varied or waived by the director, a person requesting an
exemption order must provide the director with the following
information with respect to each workplace for which an exemption
order is requested:
(a) the name and contact information for
(i) the worker co-chairperson of the committee,
(ii) if there is no committee at the workplace, the
representative,
(iii) if there is no committee or representative at the workplace,
a worker at the workplace not associated with the
management of the workplace, and
(iv) any union or association representing workers;
(b) the location of the workplace;
(c) the type and nature of the work;
(d) the provision of the regulation for which the exemption order is
requested;
(e) the special circumstances of the particular case for which the
exemption order is requested;
(f) a description of any proposed alternative to the provision of the
regulation for which the exemption order is requested;

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(g) how the proposed alternative is sufficient to ensure that no
worker’s safety or health will be materially affected by the
proposed exemption order;
(h) any technical information relevant to the proposed alternative;
(i) a plan for training and supervising workers on the proposed
alternative;
(j) the period of time for which the exemption order is requested;
(k) any other information requested by the director.
1.8(3)
In addition to the considerations set out in subsection 21(2) of the
Act, the director must consider the following in determining whether
to make an exemption order:
(a) any information provided under subsection (2);
(b) any relevant history of compliance or non-compliance with the
Act and regulations;
(c) any other criteria the director considers necessary to be satisfied
that no worker’s safety or health will be materially affected by
the exemption order.
1.8(4)
If additional information comes to the attention of the director, the
director may reconsider an exemption order on request, or on his or
her own initiative.
1.8(5)
A person requesting a reconsideration of an exemption order must
provide the director with
(a) information demonstrating why reconsideration is appropriate;
and
(b) any other information requested by the director.
1.8(6)
Unless it is suspended or revoked, an order made under section 21 of
the Act is valid for the period specified in the order, which must not
be more than three years.
1.8(7)
The director must provide a copy of an order made under section 21
of the Act
(a) to the person, if any, who requested the order or applied for
reconsideration;
(b) to any person whose contact information was provided to the
director under clause (2)(a); and
(c) to any person the director considers appropriate.

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1.8(8)
While the order remains in effect, the employer must ensure that a
copy is readily available to workers at the workplace.
M.R. 90/2014

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