Worker participation in health and safety in the Newfoundland and Labrador offshore oil industry: a comparison of current and proposed legislation

Abstract

Although it is generally recognised that worker participation in health and safety is important, its effectiveness has been questioned onshore and offshore, especially in view of international developments such as the decline of unionisation and changes in the organization of work. In Newfoundland and Labrador, Canada, the federal and provincial governments are consolidating legislation governing offshore industry and proposing amendments that cover offshore safety representation. This paper compares the existing framework with the new language being proposed, with the intention of assessing how the rights of workers to participate may be affected by the reform. After a brief section on the historical, political and industrial relations context, the paper's comparative analysis is subdivided into the duties of the employer; the establishment and composition of committees and the appointment of representatives; the duties of committees and representatives; the right to refuse dangerous work; and protection from discrimination. It concludes that although the proposed legislative changes may appear on the surface to be similar to the current framework, the legal provisions for worker participation are likely to be weakened if the reform is enacted. The main reason for this is that the rights of the health and safety committee have been reduced by the exclusion of progressive clauses in the current legislation concerning threshold levels for establishing committees, committee training and training standards. Also, the committee's right to investigate any exercise of the right to refuse dangerous work is weakened significantly.