The Nova Scotia Occupational Health and Safety regime is undergoing a complete overhaul, with potential huge impacts for employers respecting cost of compliance and risk of liability.  The changes are part of the five-year Workplace Safety Strategy, a joint initiative between the Department of Labour and Advanced Education and the Workers’ Compensation Board.  The Strategy was developed in direct response to a recognition that the old system—a piecemeal assortment of rules and regulations—was tough to navigate and produced inconsistency in interpretation and enforcement.

The myriad of regulations under the Occupational Health and Safety Act are being gradually consolidated into the all-embracing Workplace Health and Safety Regulations.  At the same time, significant amendments are being made.  A table summarizing the status of these amendments appears below.

The first phase of amendments came into effect this Fall.  Administrative penalties were a major focus.  Noteworthy changes included a shift in:

1. 1. Who decides whether a penalty should be issued (now the OHS Officer, rather than someone who did not personally attend the workplace).
   2. Guidelines for determining when to issue a penalty.
   3. Modified Guidelines for penalty amounts.
   4. Extended appeal periods.
   5. A streamlined appeal process.
   6. The power to direct the collected funds to workplace safety initiatives.

The second phase of changes are presently in draft form, with public comment open until February 27, 2015.  The draft amendments propose big changes to a number of industry-specific regulations, but also introduce important amendments of general application.  Of particular importance is the section on Occupational Health, which is a fresh addition to the new Regulations.  It addresses environmental hazards such as air quality, temperature, vibration, chemical exposure, and sound exposure.  Notably, it requires a hearing surveillance and conservation program for noisy workplaces.

In addition, Phase II offers some guidance—but also introduces heavy burdens—to Health and Safety Committees and Representatives.  For example, Committees must have specific rules of procedure, and all members will be required to undergo at least 21 hours of training within 90 days of being appointed to the Committee.  This training must be performed by a qualified instructor.

Amendments have already been made that affect every workplace, and more are on the horizon.  In light of these sweeping changes, reliance on outdated advice and policies will almost certainly put employers at risk of penalty or prosecution.

Workplace Health and Safety Regulations
The following table sets out the present status of the consolidation and amendments to the Workplace Health and Safety Regulations.