Appendix D: Saskatchewan Labour

Saskatchewan Labour promotes safe, fair and cooperative workplaces. The Department’s Prevention Services Branch is focusing on the education of future or new labour force entrants. Young or new workers are more likely than other workers to experience injuries, unfair labour practices or other negative incidents. There is a need to ensure that a person’s first work experiences are safe and fair.

There have been a number of important changes to workplace legislation in recent years, including The Occupational Health and Safety Act and Regulations and the Labour Standards Act and Regulations. It is important that teachers and students have up-to-date information and skills before entering the workplace, whether it be a WBL work placement, or a part-time or full-time employment situation.

In Fall 1998, Saskatchewan Education partnered with Saskatchewan Labour to integrate safe and fair workplace practices into the PAA curriculum to enhance the learning context for presentations from workplace representatives and to identify and develop new resources.

Saskatchewan Labour is one of the provincial agencies that is involved in setting standards for safe, fair and cooperative workplace practices. The Department administers three pieces of legislation that govern workplace practices: The Occupational Health and Safety Act, The Labour Standards Act, and the Trade Union Act.

Occupational Health and Safety

The Occupational Health and Safety Act and Regulations set minimum standards for health and safety in the workplace. This includes physical safety as well as protection from harassment and violence. All workers under provincial jurisdiction are covered by the Act – there are no exceptions. Under the Act, everyone in the workplace has a role to play in maintaining healthy and safe workplaces.

Employers, contractors, suppliers, and owners are required by law to protect the health and safety of workers. This expectation applies to work placement students as well as paid employees. For example, the requirement for employers to provide training and orientation for workers regarding potential hazards in the workplace applies to all workers, including work placement students.

Employers are responsible for knowing and following the regulations related to their business or industry. Employers are also required to:

Workers have a responsibility to work and act safely on the job. They are expected to:

Workers also have three basic rights that are protected by the legislation:

Labour Standards

The Labour Standards Act sets basic standards for working conditions in Saskatchewan in areas such as hours of work, wages, termination and holiday pay. This Act is particularly significant for young people as it defines the conditions under which many of them will begin their work lives. Union contracts and professional association agreements often build upon the minimum standards and rights provided to workers in the Act.

The Act applies to all Saskatchewan employers and workers except farm workers, casual babysitters and employees working in federally regulated industries.

Except for the section on Pro-Rated Benefits, the Act is applied equally to all workers, including part-time, full-time, temporary, seasonal or permanent workers. There are, however, some partial exemptions. For example, managers are exempt from overtime provisions. Teachers are exempt from the sections on annual and public holidays and hours of work.

Saskatchewan workers have the right to receive:

Trade Unions

The Trade Union Act sets out the rights and responsibilities of workers and employers in organizing unions, bargaining collectively, and resolving union-management disputes.

All workers have the right to join a union. A union, chosen by a majority of workers, becomes the exclusive bargaining agent for the group. When a bargaining unit has been certified, the union may request the employer to deduct dues from wages and submit them to the union.

An employer must not:

An employee or union must not:

Ready for Work Resources

To assist young people in gaining practical knowledge and skills, Saskatchewan Labour has developed a number of resources for use in high schools. A variety of formats is available including brochures, fact sheets, videos, the internet and teaching modules.

The resources help young workers:

The five teaching modules that address students’ transition-to-work needs include:

Module

Content

Length

Safety Works (Occupational Health and Safety for Young Workers)

includes activities that explore worker/employer health and safety rights and responsibilities in the workplace

Five – six hours

WHMIS

(Workplace Hazardous Materials Information System)

includes activities that introduce basic WHMIS information and symbols

Two hours

Recognizing Hazards

includes activities that introduce hazard recognition (manual handling, hazardous substances, noise, harassment and violence) and prevention techniques

Three hours

Fairness Works: An Introduction to Labour Standards

includes activities to introduce provincial labour standards

One hour module

Fairness Works Labour Standards for Young Workers

includes more extensive activities to understand provincial labour standards

Four hour module

 

 

 

 

 

 

 

 

 

 

 

 

In addition, one-hour presentations on occupational health and safety and labour standards are available in partnership with other organizations.

Agencies and Legislation Governing Workplace Practices

Laws

Agency

Coverage

Purpose

a) Provincial

The Occupational Health and Safety Act

Saskatchewan Labour

www.labour.gov.sk.ca or call 1-800-567-7233

Saskatchewan employers and employees except those covered by the Canada Labour Code.

Sets minimum standards for health and safety in the workplace, including protection from violence and harassment in the workplace. Workers are protected from harassment in the workplace on the basis of race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size and weight, age, nationality, and ancestry or place of origin.

The Labour Standards Act

Saskatchewan Labour

www.labour.gov.sk.ca or call 1-800-667-1783

Most Saskatchewan employers and employees except those covered by the Canada Labour Code, farm workers and casual babysitters.

Sets minimum standards for fair working conditions regarding hours of work, wages, termination, equal pay, holidays, etc.

The Trade Union Act

Saskatchewan Labour

www.labour.gov.sk.ca or call (306) 933-6587

Saskatchewan employers and workers.

Sets out the rights and responsibilities of workers and employers in organizing unions, bargaining collectively and resolving union-management disputes.

The Human Rights Code

Human Rights Commission

www.gov.sk.ca/shrc/ or call 1-800-667-8577

 

Saskatchewan employers and employees except those covered by the Canadian Human Rights Code.

Addresses and discourages harassment and discrimination in the workplace on the basis of ancestry, nationality, creed, sex, age (18– 64 years), sexual orientation, religion, disability, place of origin, family status, marital status or receipt of public assistance.

The Workers’ Compensation Act

Workers’ Compensation Board

www.wcbsask.com or
call 1-800-667-7590

 

Most Saskatchewan employers and employees, except groups such as teachers belonging to the Saskatchewan Teachers’ Federation or household servants working for the resident of a private home.

Protects workers and employees against the result of work injuries, illness or death.

b) Federal

Canada Labour Code (Occupational Safety and Health)

Human Resources Development Canada

http://labour.hrdc-drhc.gc.ca/ or call the nearest HRDC office

Federally regulated industries: air, inter-provincial rail, road and pipeline transportation; banking; broadcasting; uranium mining; shipping and related services; telecommunications; federal public service; Crown Corporations; and some employees involved with oil and gas exploration.

Administers programs and services that work towards preventing workplace accidents and exposure to hazardous substances that could adversely affect employees’ health.

Canada Labour Code, (Labour Standards)

Human Resources Development Canada

(as above)

Federally regulated industries as listed above.

Establishes and protects employers’ and workers’ right to fair and equitable conditions of employment regarding holidays, overtime, lay-offs, wages, sick leave, and so on.

Government Employees’ Compensation Act

Human Resources Development Canada

(as above)

Employees of the federal government.

Provides benefits to injured employees of the federal government.

Occupational Health and Safety Regulations

Training for New Workers

All employers have responsibilities for ensuring the health, safety and welfare of the employees in their workplaces. Employers must provide training to new workers about the safety policies, safe work procedures and hazards specific to that workplace. The following topics need to be included in the orientation:

"An employer shall ensure that no worker is permitted to perform work unless the worker:

  • has been trained, and has sufficient experience, to perform the work safely; … or
  • is under close and competent supervision."

(The Occupational Health and Safety Regulations, 1996; Section 19)

Training is defined as:

"the means to give information and explanation to a worker with respect to a particular subject-matter and require a practical demonstration that the worker has acquired knowledge or skill related to the subject-matter"

(The Occupational Health and Safety Regulations, 1996; Section 2)

Employment of Young People

An employer or contractor shall ensure that no person under the age of 16 years is employed or permitted to work:

An employer or contractor shall ensure that no person under the age of 18 years is employed:

(The Occupational Health and Safety Regulations, 1996; Sections 14(1) and 14(2))

  Workplaces Required to have an Occupational Health and Safety Program

Although it is recommended that all workplaces have a written health and safety program, only employers in moderate to high-hazard industries with ten or more workers are required to implement a health and safety program. Those industries include:

  • aerial crop spraying, operation of helicopters, water bombing
  • wholesale baking, dairy products, soft drinks and food preparation and packaging
  • forwarding and warehousing as a business
  • building construction
  • camp catering
  • forestry work other than pulp and paper production
  • farming and ranching
  • hard rock mining, shaft sinking and cross cutting
  • oil and gas drilling, well servicing with a rig, water well drilling
  • trucking
  • processing meat, poultry and fish
  • oilwell servicing
  • road construction and earthwork, urban sewer and water construction, tunnelling

(The Occupational Health and Safety Regulations, 1996; Section 22 and Table 7)

Workplaces Required to have a Violence Policy

Places of employment that provide the following services or activities are required to have a violence policy statement:

  • Services provided by health care facilities
  • Pharmaceutical-dispensing services
  • Education services
  • Financial services
  • Police, corrections, or other law enforcement services
  • Security services
  • Crisis counselling and intervention services
  • Taxi and transit services
  • The sale of alcoholic beverages or the provision of premised for the consumption of alcoholic beverages
  • Retail sales in establishments that are open between 11:00 p.m. and 6:00 a.m.

(The Occupational Health and Safety Regulations 1996; Section 37)