6 Legislation Changes to the Manitoba WSH Act Explained

6 Legislation Changes to the Manitoba WSH Act Explained

Posted on August 25, 2021

By Madison Palmer, Safety Trainer

Can you imagine a time where there was no type of legislation in the workplace? I certainly can’t! But believe it or not, that was once the case. It wasn’t until 1948 when the creation of The Labour Relations Act was enforced to protect both the employer and employees creating an outline of roles and responsibilities that is fair to both parties. This helped to end the period of crises when the instability of strikes, lock-outs and endless confrontation affected the efficiency of business and the economy.

Over time, the Act and Regulations have continuously been shaped and formed to improve health and safety in the workplace. In correlation with the newly updated 2020 Manitoba Workplace Safety and Health Act and Regulations, the following are the 6 changes that came into effect May 20^th, 2021:

1. The position of the Chief Prevention Officer role is eliminated;
2. A “discriminatory action” is now referred to as a “reprisal”;
3. Six-Month Time Limit for Discriminatory Action (now called Reprisal) Investigations – A reprisal complaint or referral must now be made to a safety and health officer within six months after the date of the alleged reprisal;
4. No appeal of frivolous or vexatious complaints – An appeal of a decision made by a safety and health officer may be dismissed by the director of Workplace Safety and Health (WSH) if the appeal is deemed frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months.

Note: All decisions of a safety and health officer can still be appealed to the director of WSH, including work refusals. However, if the case is deemed frivolous or vexatious by the director, the director’s appeal decision is final and cannot be appealed further to the Manitoba Labour Board;

5. Increase to Maximum Prosecution Fines – Maximum prosecution fines for offences under the Act are increased from $250,000 for a first offence to $500,000, and from $500,000 for a second or subsequent offence to $1,000,000; and
6. Collections for Education Fund – The WSH Branch will now be able to collect the additional amounts when courts order an offender to pay an additional amount for the purpose of educating the public on workplace safety and health.

Knowing these legislation changes can help protect your workers while continuing to keep the work environment healthy and safe. Made Safe is here to help answer any questions or concerns regarding these new updates. For more information on the Manitoba Legislation Changes to Workplace Safety and Health please visit https://www.gov.mb.ca/labour/safety/wsh_amendment.html or contact us at info@madesafe.ca.