Occupational health officers (OHOs) can enforce and administer occupational health and safety legislation as per The Saskatchewan Employment Act.
Inspections
OHOs can conduct an inspection at any plant, place of employment, worksite or vehicle where workers usually work or have worked. They have been given this authority to:
- Prevent incidents, injuries and illnesses;
- Determine the causes and details of an incident, injury or illness;
- Determine the cause and details of a dangerous-occurrence that could have resulted in an incident, injury or illness;
- Respond to an occupational health and safety complaint; and
- Determine if a workplace is complying with the occupational health and safety legislation, a compliance undertaking, a notice of contravention or any other order issued by the Division in the enforcement/administration of its legislation.
An officer can conduct an inspection at any reasonable time or at any time they have grounds to believe that a hazardous situation towards workers exists.
During inspections, OHOs may:
- Ask any question that they consider appropriate;
- Require a demonstration of the use of any machinery, equipment, appliance or thing located at the place of employment;
- Require the production of and remove any records that exist about the training of workers related to occupational health and safety (officers are required to return all documents in a timely fashion);
- Enlist the help of workers to retrieve and produce information that is stored electronically for the purpose of completing the inspection; and
- Require any person at the place of employment to produce any information they have concerning the identity of the employer.
Inquiries
An OHO can interview any person who they believe can provide information about a work-related fatality, serious injury, or allegation of harassment.
The only people, who are permitted to attend the interview, aside from the Occupational Health Officer and the interviewee, are:
- A person selected by the interviewee to support them in the interview process; and
- Any other person who the officer allows to be present.
Investigations
If a justice/provincial court judge has reasonable grounds to believe that an offence has been made against The Saskatchewan Employment Act and/or the regulations and that there is evidence to support that offence, the judge may issue a warrant.
With this warrant and during an investigation, an occupational health officer has the authority to:
- Enter and search any place/premises named in the warrant;
- Stop and search any vehicle described in the warrant;
- Open and examine the contents of any trunk, box, bag, parcel, closet, cupboard or any other compartment that the officer finds;
- Require the production of and examine any records or property that the officer believes may provide evidence of the offence;
- Remove, make copies of and examine any records that may provide evidence of the offence;
- Require a demonstration of the use of any machinery, equipment, appliance or thing at the place of employment to provide evidence of the offence;
- Conduct any tests, take any samples and make any examinations that may provide evidence of the offence; and
- Seize and remove anything that may be evidence of the offence.
An officer can search a place/premises without a warrant when the officer has ground to believe that waiting for a warrant could result in:
- Danger to human life or safety; or
- The loss and destruction of evidence.
An officer cannot enter any private dwelling without a warrant and without the consent of an occupant unless they have grounds to believe that the delay for obtaining a warrant would result in:
- Danger to human life or safety; or
- The loss and destruction of evidence.