FAQs: Bill 29 – The Workplace Safety and Health Act Amendment

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When are the amendments in effect?

Amendments took effect June 3, 2025.

 

Psychological Safety:

• What is a psychologically safe workplace?

Enabling workers to work in psychologically safe workplaces has been added to the objects and purposes of the Workplace Safety and Health Act. The Act states that a psychologically safe workplace is “a workplace in which the psychological well-being of workers is promoted, and active measures are undertaken to prevent harm, whether negligent, reckless or intentional, to the psychological well-being of workers”.

This description of a psychologically safe workplace aligns with the 2013 Canadian Standards Association standard on Psychological Health and Safety in the Workplace.

• Does this mean employers are responsible for workers’ medical conditions or mental health broadly?

​No, employers are responsible for identifying and addressing risks to psychological safety that workers may encounter in the workplace. Employers’ responsibilities are specific to the risks that the work or work environment present, rather than for mental health more broadly.

 

 

Competent Risk Assessment:

• Who can perform a risk assessment that is required under the Workplace Safety and Health Act and its Regulations?

A risk assessment is a vital component of ensuring safe and healthy workplaces. Employers are required to ensure that regular inspections of the workplace, work processes and procedures are conducted to identify any risk to the safety or health of any person at the workplace. If a risk is identified, the employer must correct the unsafe condition as soon as is reasonably practicable and, in the interim, take immediate steps to protect the safety and health of any person who may be at risk.

An employer who is required to conduct a risk assessment must ensure that the assessment is carried out by a person who is competent based on their knowledge, experience and training.

 

 

Medical Surveillance:

• What expanded authority does the Chief Occupational Medical Officer (COMO) have?

The COMO’s authority has been expanded to order an employer to implement and maintain a medical surveillance program in workplaces where workers are suspected of being over-exposed to a harmful substance, such as asbestos, lead, etc. Previously, medical surveillance programs were only required in the mining industry.

• What is medical surveillance?

Medical surveillance involves monitoring the health of workers through tests and examinations to identify possible health problems related to occupational duties or exposure to hazards. Examples may include hearing tests, lung function tests, blood tests for lead or chemical exposure, and chest X-rays, depending on the type of exposure.

• What is the purpose of medical surveillance generally?

Medical surveillance may identify and address potential health risks at an early stage. Early intervention may prevent further exposure and possibly improve outcomes.

• Is there a set duration for maintaining the medical surveillance program?

No, the duration for maintaining a medical surveillance program for a worker or workers who have been over-exposed to a harmful substance will depend on the circumstances. The COMO may order that the surveillance program continue until it is deemed not required, depending on the worker(s) health or the exposure levels.

• Who will pay for the medical surveillance?

The employer is responsible for the cost of a medical surveillance program as part of the requirement to protect their workers from over-exposure to harmful substances. They would be required to engage a health provider to administer the exams and maintain records.

• What appeal rights does an employer have from an order for medical surveillance?

If an employer has additional information, they may provide it to the COMO and request reconsideration of the order.

 

 

Administrative penalty for failure to report serious incident:

• What administrative penalty is possible if an employer fails to report a serious incident to the Workplace Safety and Health Branch?

Under the Workplace Safety and Health Regulation, when a serious incident occurs at a workplace, an employer is required to immediately and by the fastest means of communication available notify the Workplace Safety and Health Branch (WSH). Failure to report a serious incident to WSH as required may now result in the issuance of an administrative penalty to the employer.

• What is the fine amount for failing to report a serious incident to WSH?

Fine amounts are set out in the Administrative Penalty Regulation and vary depending on the type and frequency of the offence. Administrative penalties currently range from $1,000 to $5,000.

 

 

Clarify Workplace Safety and Health’s jurisdiction over reprisals in unionized workplaces:

• Does Workplace Safety and Health (WSH) have jurisdiction over reprisals in unionized workplaces?

Yes, the amendment explicitly states that a unionized worker may refer a reprisal complaint to a safety and health officer. This clarification became necessary as a result of a Supreme Court of Canada decision that raised jurisdictional questions about matters covered by a collective bargaining agreement.

• What was the Supreme Court of Canada decision that called reprisal jurisdiction into question?

In October 2021, a binding decision of the Supreme Court of Canada in Northern Regional Health Authority v. Horrocks held that a labour arbitrator had exclusive jurisdiction over disputes arising from matters covered by a collective bargaining agreement in Manitoba, unless otherwise stated in legislation. Reprisals involve terms and conditions of employment, which are covered by collective bargaining agreements, and the Workplace Safety and Health Act was previously silent on its application in unionized workplaces.

 

 

Allow Workplace Safety and Health to decline jurisdiction when a party raises same matter in multiple forums:

• Can Workplace Safety and Health (WSH) decline jurisdiction when a party raises the same matter in multiple forums?

Yes, a safety and health officer may decline to investigate a complaint and the Director of WSH may decline to hear an appeal if a worker is proceeding with another action or has obtained a remedy in another forum for the same subject matter.

 

 

Allow Employment Standards to collect amounts owed to a worker for reprisal:

• What has changed regarding enforcement of amounts payable to a worker for taking reprisal?

When a safety and health officer or the Director of Workplace Safety and Health finds that an employer has taken reprisal against a worker, they may order the employer to pay the worker an amount for lost wages and the loss of any benefits (ex. extended health). This amendment deems this amount to be wages owed under employment standards legislation which allows the Director of Employment Standards to use existing wage payment mechanisms to enforce the order and hold payments in trust, pending any appeal.

• What is the purpose of allowing Employment Standards to collect monies owed to workers for reprisal?

This amendment aims to remedy a gap that previously existed in the Workplace Safety and Health Act. Previously, Workplace Safety and Health (WSH) had no authority or structure to collect monies owed to a worker. If WSH ordered an employer to pay a worker monies for taking reprisal against them, but the employer chose not to pay it, the worker either went unpaid or had to pursue a remedy in the Court of King’s Bench. While WSH could issue a penalty to an employer for failing to comply with the order, the penalty monies would not be paid to the worker, nor would this ensure payment to the worker.

 

 

Clarify “dangerous work” in right to refuse:

• What is the purpose of the new section on interpreting the right to refuse dangerous work?

The interpretation section helps to ensure that the right to refuse dangerous work is understood and applied consistently. It clarifies that “dangerous work” is a situation where there is an imminent risk of serious physical or health injury, and where adequate controls have not been implemented. The section acknowledges that a hazard may present more of a risk to certain individuals; therefore, additional measures may be needed in some circumstances to protect workers.

 

 

Referrals to the Manitoba Labour Board:

• What has changed regarding referrals from the Director of Workplace Safety and Health (Director) to the Manitoba Labour Board (MLB)?

The Workplace Safety and Health Act has been amended to be silent on the material to be provided to the parties and the MLB when the Director refers an appeal to the MLB to ensure relevant materials are provided. This aligns with employment standards legislation.

 

 

Allow written hearings at the Manitoba Labour Board (MLB):

• What has changed about oral and written hearings at the MLB?

Previously, when deciding an appeal related to workplace safety and health, the MLB was required to hold an oral hearing. This used substantial resources, even when the issues in a case were straightforward.

Under the new amendment, the MLB is allowed to decide an appeal without an oral hearing if the Board is satisfied that the matter can be determined based on written submissions.

• What issue is addressed by allowing written hearings at the MLB?

Allowing a hearing based on written submissions only streamlines processes and makes rendering a decision more efficient. Written proceedings would be used in cases where the relevant facts can be clearly outlined in writing, as is often the case with appeals of administrative penalties.

 

 

Allow the Manitoba Labour Board (MLB) to require a party to pay costs:

• Can the MLB order a party to pay costs of another party?

The MLB now has the ability to order a party to pay some or all of any party’s hearing costs in appropriate circumstances. The Board must believe that the party’s conduct before the Board was unreasonable or that the appeal was frivolous or vexatious. Both the Manitoba Human Rights Commission and the Employment Standards Branch have similar legislation.

• What does frivolous mean?

Generally, frivolous means something very minor in nature that does not impact the safety or health of workers or does not fall under workplace safety and health legislation. These matters are often more appropriately addressed through educating and training the parties, rather than through a formal hearing at the MLB. For example, someone may be concerned about the brand of their safety equipment, even though the equipment meets the CSA standard.

• What does vexatious mean?

Generally, vexatious means brought forward in bad faith. For example, an appeal may be clearly motivated by matters unrelated to the safety or health of workers. The Workplace Safety and Health Branch may become aware that the appeal is brought forward for the sole purpose of retaliating against a worker, the employer, or other organization, or to use safety to try to influence another matter.

 

 

Allow associated employers:

• When can the Director of Workplace Safety and Health (Director) or the Manitoba Labour Board (MLB) deem two or more employers to be a single employer?

The Director or the MLB can deem associated or related businesses carried on under common control or direction by two or more employers to be a single employer for workplace safety and health purposes. This applies whether or not the businesses are carrying on work at the same time. This provision aligns with the Employment Standards Code and the Labour Relations Code.

• How will businesses be notified if they are considered one employer?        

If multiple businesses are deemed to be a single employer, the Director or the MLB will issue a written decision advising them of that determination. The decision must be served on the employer personally or by registered mail.

• What is the purpose of allowing the Director and the MLB to declare multiple employers to be a single employer?

Some employers have repeatedly been caught in contravention of workplace safety and health legislation, often opening a new company in the same sector doing the same work in order to avoid penalties and enforcement. The new authority would allow these employers to be held accountable by addressing instances of repeated non-compliance of a similar nature.

 

 

Require the person receiving an order to provide copy to committee or representative:

• Since a safety and health officer is no longer required to provide a copy of an order to a workplace safety and health committee or representative, how does the committee or representative access orders?

While safety and health officers are no longer required to provide a copy of their order directly to the committee or representative, the responsibility now lies with the person against whom the order is made, ex. employer. This person must now provide a copy of any order issued by an officer to the committee or representative.

 

 

Allow for electronic communication of orders:

• Can improvement orders and stop work orders be communicated by email or electronic communication?

Yes, improvement orders and stop work orders may be communicated by email or other means of electronic communication, if the person against whom the order is made or their agent has provided an email address or other means of electronic communication. If the order is against a worker or self-employed person, the provision regarding agent does not apply.

• If an order is communicated by email or other electronic communication, when is the order deemed communicated?

If an improvement order or stop work order was communicated by email or other electronic communication, it is deemed communicated on the date the email or other communication was sent, with two exceptions: 1) sending the email or communication triggers an undeliverable auto-response; 2) the person previously notified the sender in writing not to use the email address or other communication for sending documents.

 

 

Clarify posting of improvement orders and stop work orders:

• If there is no workplace safety and health committee or worker representative, how long do compliance reports have to be posted?

The person against whom an improvement order is made, ex. employer, must prepare a written report on measures taken or to be taken to remedy a contravention. If there is no workplace safety and health committee or worker safety and health representative, this person must post a copy of the report for at least seven days or until the order has been complied – whichever is longer.

• How is an improvement order or stop work order communicated if they cannot be delivered, sent by registered mail, email or other electronic communication?

If, despite reasonable efforts, the orders cannot be communicated by delivery, registered mail, email or other electronic communication, then the safety and health officer must post it in the workplace for seven days or until compliance is achieved – whichever is longer. This ensures that the orders are accessible / visible by workers in the workplace.

 

 

Clarify seasonal workplace:

• Why was “temporary” added to the current committee requirements for “seasonal workplaces”?

The addition of “temporary” clarifies that workplace safety and health committees must be established at any temporary workplace with more than 20 workers where work is expected to continue for 90 days or more. This requirement applies not only to seasonal operations tied to specific times or seasons of the calendar year, but also to any temporary workplace where staffing levels may vary.

 

 

Replace “accident” with “incident”:

• What is the purpose of replacing the term “accident” with “incident” in certain sections of the Workplace Safety and Health Act?

The Workplace Safety and Health Act has been amended to replace the word “accident” with “incident” in order to reflect current terminology and acknowledge that certain incidents are preventable.

 

 

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