2022 Manitoba Workplace Safety and Health Act and Regulation

17.1
[Repealed]
S.M. 2013, c. 9, s. 9; S.M. 2021, c. 16, s. 5.
REGULATIONS, CODES AND STANDARDS
Regulations
18(1)
The Lieutenant Governor in Council may make regulations
(a) respecting standards and practices to be established and maintained
by employers, supervisors, self-employed persons, prime contractors,
contractors, owners and suppliers to protect the safety and health of
any person at a workplace;
(b) respecting procedures, measures and precautions that are required, or
prohibited, when performing any work activity;
(c) imposing requirements respecting conditions at workplaces, including
such matters as the structural condition and stability of premises,
available exits from premises, cleanliness, temperature, lighting,
ventilation, overcrowding, noise, vibrations, ionizing and other
radiations, dust and fumes;
(c.1) respecting the prohibition of smoking and e-cigarette use at
workplaces, including deeming a contravention of The Smoking 
and Vapour Products Control Act relating to workplaces to be a
contravention of this Act for the purpose of issuing an improvement
order under section 26;
(d prescribing minimum standards of welfare facilities at workplaces,
including the supply of water, sanitary conveniences and facilities for
washing, bathing, changing, storing personal property, breaks and
refreshment;

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(e) regulating or prohibiting the manufacture, supply, or use of any
plant, tool, equipment, machine or device;
(f) respecting the design, construction, guarding, siting, installation,
commissioning, examination, repair, maintenance, alteration,
adjustment, dismantling, testing, inspection, use, or approval prior
to installation or use, of any plant, tool, equipment, machine or
device;
(g) prescribing requirements with respect to the marking of any plant,
tool, equipment, machine or device used or manufactured in
any workplace, and regulating or restricting the use of specified
markings;
(h) regulating or prohibiting the manufacture, supply, keeping,
handling or use of any substance or material that may adversely
affect the safety or health of any person at a workplace;
(i) respecting the testing, labelling and examination of any
substance or material that may affect the safety or health of
any person at a workplace;
(j) respecting the prevention, study and treatment of industrial
diseases, including arrangements for medical examinations and
health surveillance of persons involved in work at a workplace;
(k) respecting the monitoring of atmospheric and other conditions in
workplaces;
(l) respecting the instruction, training and supervision of workers;
(m) respecting the provision by employers, and the use by workers,
of protective clothing or devices, including clothing affording
protection against the weather;
(n) prohibiting the performance of specified functions by any person
who does not possess specified qualifications or experience;
(o) respecting licences, certificates or designations required by
persons performing specified functions at a workplace, and the
fees and conditions required to obtain a licence, certificate or
designation;
(p) requiring a person to obtain a permit to carry on a specified
activity affecting the safety or health of any person at a
workplace, including the terms and conditions and the fee for the
permit;

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(q) respecting the suspension or cancellation of any licence, certificate or
permit issued under this Act;
(r) respecting the preparation, maintenance and submission of records
and reports dealing with accidents, industrial diseases and workplace
safety and health standards;
(s) restricting, prohibiting or requiring any activity if an accident or any
other specified dangerous occurrence has occurred, or may occur;
(t) respecting committees, including but not limited to
(i) the operation of committees,
(ii) the frequency of meetings of committees, including more frequent
meetings for specified classes of workplaces,
(iii) the participation of committees members in inspections,
investigations and other related matters, and
(iv) the submission of committee records to the director;
(u) respecting representatives, including but not limited to
(i) the participation of representatives in inspections, investigations
and other related matters, and
(ii) the submission of representatives’ records to the director;
(v) respecting workplace safety and health programs;
(w) prescribing the persons to whom, circumstances in which, and methods
by which specified information concerning safety and health shall be
communicated;
(x) prescribing the fees payable for examinations required under this Act;
(y) respecting arrangements for ambulance service and first-aid treatment
at workplaces;
(z) respecting the employment or the provision of alternate employment
to
(i) a pregnant or nursing worker, and
(ii) a worker whose safety or health is put at risk by exposure to a
chemical or biological substance;

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(aa) respecting the establishment of policies and procedures in
workplaces or classes of workplaces to prevent and respond to
potentially violent situations;
(bb) respecting measures that employers shall take to prevent
harassment in the workplace;
(bb.1) for the purpose of section 21, respecting the criteria to be used
and the procedures to be followed when determining whether to
make an order, or to reconsider an order, exempting a person or
class of persons from any provision of a regulation;
(bb.2) for the purpose of section 40,
(i) respecting the procedures to be followed in determining
whether to issue an order, or to reconsider an order, under
subsection 40(6) or (7.1), and
(ii) respecting any additional criteria to be considered by the
director under subsection 40(7);
(cc) for the purpose of section 53.1,
(i) specifying the form and content of notices of administrative
penalties,
(i.1) prescribing provisions of this Act or the regulations for the
purposes of subclauses 53.1(1)(a)(ii) and (2)(a)(ii),
(ii) respecting the determination of amounts of administrative
penalties, which may vary according to the number of workers
affected by, or the nature or frequency of, the matter that
gave rise to the issuance of the notice of administrative
penalty, and
(iii) respecting any other matter necessary for the administration
of a system of administrative penalties provided for under this
Act;
(dd) defining the meaning of any word or phrase used but not defined
in this Act;
(ee) respecting any matter required or authorized by this Act to be
prescribed or dealt with by regulation;
(ff) respecting any matter that the Lieutenant Governor in Council
considers necessary or advisable to carry out the purposes of this
Act.

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