2022 Manitoba Workplace Safety and Health Act and Regulation

Exception for construction project with prime contractor
40(2)
Subsection (1) does not apply to a construction project site that is
required to have a prime contractor.
Committee for construction project site
40(3)
A prime contractor shall establish a committee at a construction
project site if
(a) at least 20 workers are involved, or expected to be involved, in work
on a construction project; and
(b) the project is expected to require more than 90 days to complete.
Determining number of workers
40(4)
For the purposes of subsection (1), the number of workers employed
at a workplace shall be determined by averaging, over the previous 12
months, the number of full-time and part-time workers present each
working day.
More than one committee in a workplace
40(5)
The director may issue a written order requiring an employer or prime
contractor to establish more than one committee for a workplace. The
order may provide for the composition, practice and procedures of
those committees.
Committee for multiple workplaces
40(6)
Notwithstanding subsections (1) and (3), the director may, in
accordance with the regulations, issue a written order permitting an
employer or prime contractor to establish one committee for more
than one workplace or parts of more than one workplace. The order
may provide for the composition, practice and procedures of that
committee.

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The Workplace Safety And Health Act
37
Considerations of director
40(7)
In determining whether to make an order under subsection (5) or
(6), the director shall take into account
(a) the nature of the work performed at the workplace;
(b) any request for an order by an employer, prime contractor, worker
or union representing workers at the workplace;
(c) the frequency of injury or illness in the workplace or in the
industry in question; and
(d) with respect to an order under subsection (6), any additional
criteria set out in the regulations.