2022 Manitoba Workplace Safety and Health Act and Regulation

PART 3 
WORKPLACE SAFETY AND HEALTH 
COMMITTEES AND REPRESENTATIVES
COMMITTEES
Formation of committee
3.1(1)
When a committee is required to be established, an employer or
prime contractor must immediately consult with each of the existing
unions, or the workers if there is no union, to jointly determine its
size.
3.1(2)
If no union exists, an employer or prime contractor must appoint one
or more workers to conduct the election of worker members to the
committee. The workers appointed must not be associated with the
management of the workplace and the election must be conducted
in a manner consistent with recognized democratic practices.
3.1(3)
An employer or prime contractor must not influence or attempt to
influence the election of the worker members of a committee.
3.1(4) 
An employer, prime contractor or worker who disputes
(a) the number of worker members to be elected; or
(b) the election of, or manner of electing, worker members;
may refer the dispute to a safety and health officer who may
issue an order in accordance with the Act.
COMMITTEE FOR MULTIPLE WORKPLACES
Order for a committee exemption
3.1.1(1) The director may make an order under subsection 40(6) of the Act on
request, or on his or her own initiative.
3.1.1(2) A person requesting an order under subsection 40(6) of the Act must
provide the director with the following information with respect to
each workplace affected by the requested order:
(a) the name and contact information for
(i) any existing worker co-chairperson of a committee, and
(ii) any union or association representing workers;
(b) the location of the workplace;
(c) the number of workers at the workplace;

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Workplace Safety And Health Regulation
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(d) the type and nature of the work;
(e) the minutes of each committee meeting for the previous year;
(f) the number and nature of the incidents, accidents or dangerous
occurrences that were investigated under subsection 2.9(1) in
the previous year;
(g) the proposed procedure for workers to communicate local
safety and health issues to the committee;
(h) documentation showing support for the application by workers
at the workplace, or a union or association representing the
workers;
(i) any other information requested by the director.
3.1.1(3) In addition to the considerations set out in subsection 40(7) of the
Act, the director must consider the following in determining whether
to make an order under subsection 40(6) of the Act:
(a) any information provided under subsection (2);
(b) any effect the order could have on the safety or health of a
worker or another person who would be affected by the order;
(c) any relevant history of compliance or non-compliance with the
Act and regulations;
(d) any other criteria the director considers appropriate.