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Workers Compensation Act - Excerpts and Summaries
Part 3 Division 11 - Inspections, Investigations and Inquiries
Application of Division
178
This Division, as it applies in relation to inspections, also applies to investigations and inquiries.
Authority to conduct inspections
179
(1) An officer of the Board may enter a place, including a vehicle, vessel or mobile equipment, and conduct an inspection for the purpose of
(a) preventing work related accidents, injuries or illnesses,
(b) ascertaining the cause and particulars of a work related accident, injury or illness or of an incident that had the potential to cause a work related accident, injury or illness,
(c) investigating a complaint concerning health, safety or occupational environment matters at a workplace, or
(d) determining whether there is compliance with this Part, the regulations or an order.
(2) An inspection may be conducted
(a) at a reasonable hour of the day or night, or
(b) at any other time if the officer has reasonable grounds for believing that a situation exists that is or may be hazardous to workers.
(3) An officer may do one or more of the following for the purposes of an inspection under this Division:
(a) bring along any equipment or materials required for the inspection and be accompanied and assisted by a person who has special, expert or professional knowledge of a matter relevant to the inspection;
(b) inspect works, materials, products, tools, equipment, machines, devices or other things at the place;
(c) take samples and conduct tests of materials, products, tools, equipment, machines, devices or other things being produced, used or found at the place, including tests in which a sample is destroyed;
(d) require that a workplace or part of a workplace not be disturbed for a reasonable period of time;
(e) require that a tool, equipment, machine, device or other thing or process be operated or set in motion or that a system or procedure be carried out;
(f) inspect records that may be relevant and, on giving a receipt for a record, temporarily remove the record to make copies or extracts;
(g) require a person to produce within a reasonable time records in the person's possession or control that may be relevant;
(h) question persons with respect to matters that may be relevant, require persons to attend to answer questions and require questions to be answered on oath or affirmation;
(i) take photographs or recordings of the workplace and activities taking place in the workplace;
(j) attend a relevant training program of an employer;
(k) exercise other powers that may be necessary or incidental to the carrying out of the officer's functions and duties under this Part or the regulations.
(4) The authority to conduct an inspection under this Division is not limited by any other provision of this Part or the regulations giving specific authority in relation to the inspection.
(5) If an officer of the Board requests this, a peace officer may assist the officer in carrying out his or her functions and duties under this Part or the regulations.
Officer must produce credentials on request
180
(1) The Board must provide officers with written credentials of their appointment.
(2) On request, an officer must produce the credentials provided under this section when exercising or seeking to exercise any of the powers conferred on the officer under this Part.
Restrictions on access to private residences
181
(1) If a workplace, in addition to being a workplace, is occupied as a private residence, the authority under section 179 may be used to enter the place only if
(a) the occupier consents,
(b) the Board has given the occupier at least 24 hours' written notice of the inspection,
(c) the entry is made under the authority of a warrant under this Act or the Offence Act, or
(d) the Board has reasonable grounds for believing that the work activities or the workplace conditions are such that there is a significant risk that a worker might be killed or seriously injured or suffer a serious illness.
(2) The authority under section 179 must not be used to enter a place that is occupied as a private residence, but is not a workplace, except with the consent of the occupier or under the authority of a warrant under this Act or the Offence Act.
Representation on inspection
182
(1) Subject to this section, if an officer makes a physical inspection of a workplace under section 179,
(a) the employer or a representative of the employer, and
(b) a worker representative or, if there is no worker representative or the worker representative is not reasonably available, a reasonably available worker selected by the officer as a representative,
are entitled to accompany the officer on the inspection.
(2) A worker is to be considered not reasonably available for the purposes of subsection (1) if the employer objects to that person's participation in the inspection on the basis that it would unduly impede production, but the employer may only object to one person on this ground.
(3) Despite subsection (1), an officer may conduct a physical inspection of a workplace in the absence of a person referred to in that subsection if the circumstances are such that it is necessary to proceed with the inspection without the person.
(4) The time spent by a worker accompanying an officer under this section is deemed to be time worked for the employer, and the employer must pay the worker for that time.
(5) Nothing in this section requires the Board or an officer to give advance notice of an inspection.
(6) If an inspection involves the attendance of an officer at a workplace for a period longer than one day, the rights under this section may be abridged by direction of the officer.
Employer must post inspection reports
183
If an officer makes a written report to an employer relating to an inspection, whether or not the report includes an order, the employer must promptly
(a) post the report at the workplace to which it relates, and
(b) give a copy of the report to the joint committee or worker health and safety representative, as applicable.
Person being questioned is entitled to have another person present
184
(1) A person who is questioned by an officer on an inspection is entitled to be accompanied during the questioning by one other person of his or her choice who is reasonably available.
(2) As a limit on the person's choice under subsection (1), the officer may exclude a person who the officer has questioned or intends to question in relation to the matter.
(3) Subject to subsections (1) and (2), a person may be questioned by the officer either separate and apart from anyone else or in the presence of any other person permitted to be present by the officer.
Limited authority to seize evidence without warrant
185
(1) An officer may seize something without a warrant if
(a) the thing has been produced to the officer or is in plain view, and
(b) the officer has reasonable grounds for believing that this Part, the regulations or an order has been contravened and that the thing would afford evidence of the contravention.
(2) The officer must inform the person from whom a thing is seized under subsection (1) as to the reason for the seizure and must give the person a receipt for the thing.
(3) The officer may remove a thing seized under subsection (1) or may detain it in the place in which it was seized.
(4) As soon as reasonably practicable after something is seized under subsection (1), the officer must bring the thing, or a report of it, before a justice to be dealt with in accordance with the Offence Act as if it were seized pursuant to a warrant under that Act.
Assistance on inspection
186
(1) A person must provide all reasonable means in that person's power to facilitate an inspection under this Part.
(2) A person must not
(a) hinder, obstruct, molest or interfere with, or attempt to hinder, obstruct, molest or interfere with, an officer in the exercise of a power or the performance of a function or duty under this Part or the regulations,
(b) knowingly provide an officer with false information, or neglect or refuse to provide information required by an officer in the exercise of the officer's powers or performance of the officer's functions or duties under this Part or the regulations, or
(c) interfere with any monitoring equipment or device in a workplace placed or ordered to be placed there by the Board.
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