3. In this Act,

(a) "aggrieved person" means an employer, constructor, contractor, employee, self-employed person, owner, supplier, provider of an occupational health or safety service, architect, engineer or union at a workplace who is directly affected by an order or decision;

(b) "analyst" means a person appointed as an analyst by the Minister pursuant to this Act;

(c) "Board" means the Labour Board established under the Labour Board Act;

(d) "committee" means a joint occupational health and safety committee established pursuant to this Act;

(e) "compliance notice" means a response, in writing, to an order of an officer, describing the extent to which the person against whom the order was made has complied with each item identified in the order;

(f) "constructor" means a person who contracts for work on a project or who undertakes work on a project himself or herself;

(g) "contractor" means a person who contracts for work to be performed at the premises of the person contracting to have the work performed, but does not include a dependent contractor or a constructor;

(h) "contracts for work" includes contracting to perform work and contracting to have work performed;

(i) "Council" means the Occupational Health and Safety Advisory Council established pursuant to this Act;

(j) "dependent contractor" means a person, whether or not employed under a contract of employment and whether or not furnishing the person's own tools, vehicles, equipment, machinery, material or any other thing, who performs work or services for another on such terms and conditions that the person is

(i) in a position of economic dependence upon the other,

(ii) under an obligation to perform duties mainly for the other, and

(iii) in a relationship with the other more closely resembling that of an employee than an independent contractor;

(k) "Deputy Minister of Labour and Advanced Education" includes a person designated by the Deputy Minister of Labour and Advanced Education to act in the stead of the Deputy Minister;

(l) "Director" means the Executive Director of Occupational Health and Safety or any person designated by the Executive Director pursuant to this Act to act on behalf of the Executive Director;

(m) "Director of Labour Standards" means the Director of Labour Standards under the Labour Standards Code;

(n) "Division" means the Occupational Health and Safety Division of the Department of Labour and Advanced Education;

(o) "employee" means a person who is employed to do work and includes a dependent contractor;

(p) "employer" means a person who employs one or more employees or contracts for the services of one or more employees, and includes a constructor, contractor or subcontractor;

(q) "former Act" means Chapter 320 of the Revised Statutes, 1989, the Occupational Health and Safety Act;

(r) "health and safety" includes both physical and psychological health and safety;

(s) "Minister" means the Minister of Labour and Advanced Education;

(t) "occupation" means any employment, business, calling or pursuit;

(u) "officer" means an occupational health and safety officer appointed pursuant to this Act and includes the Director;

(v) "owner" includes a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of lands or premises used as a workplace and a person who acts for, or on behalf of, an owner as an agent or delegate;

(w) "police officer" means

(i) a member of the Royal Canadian Mounted Police, or

(ii) a member or chief officer of a police force appointed pursuant to the Police Act;

(x) "policy" means an occupational health and safety policy made pursuant to this Act;

(y) "practicable" means possible, given current knowledge, technology and invention;

(z) "program" means an occupational health and safety program required pursuant to this Act, unless the context otherwise requires;

(aa) "project" means a construction project, and includes

(i) the construction, erection, excavation, renovation, repair, alteration or demolition of any structure, building, tunnel or work and the preparatory work of land clearing or earth moving, and

(ii) work of any nature or kind designated by the Director as a project;

(ab) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(ac) "regularly employed" includes seasonal employment with a predictably recurring period of employment that exceeds four weeks, unless otherwise established by regulation or ordered by an officer;

(aca) "repeatedly" means occurring more than once within the preceding three year period;

(ad) "representative" means a health and safety representative selected pursuant to this Act;

(ae) "self-employed person" means a person who is engaged in an occupation on that person's own behalf and includes a person or persons operating a sole proprietorship but does not include a dependent contractor;

(aea) "serious injury" means an injury that endangers life or causes permanent injury;

(af) "supplier" means a person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device or any biological, chemical or physical agent to be used at or near a workplace;

(ag) "union" includes a trade union as defined in the Trade Union Act that has the status of bargaining agent under that Act in respect of any bargaining unit at a workplace, and includes an organization representing employees where the organization has exclusive bargaining rights under any other Act in respect of the employees;

(ah) "workplace" means any place where an employee or a self-employed person is or is likely to be engaged in any occupation and includes any vehicle or mobile equipment used or likely to be used by an employee or a self-employed person in an occupation.

[S.N.S. 2000, c. 28, s. 86; 2010, c. 66, s. 2; 2010, c. 37, s. 117; 2011, c. 24, s. 2; 2016, c. 14, s. 1; 2024, c. 10, s. 11]

4.1 In this Part,

"advanced workplace first aid certificate" means a document issued by a training agency certifying that a person

(i) has successfully completed an advanced level of workplace first aid training, and

(ii) holds the applicable valid qualifications for an advanced workplace first aider as set out in the CSA first aid training standard;

"basic workplace first aid certificate" means a document issued by a training agency certifying that a person

(i) has successfully completed a basic level of workplace first aid training, and

(ii) holds the applicable valid qualifications for a basic workplace first aider as set out in the CSA first aid training standard;

"close workplace" means a workplace where the surface travel time is no more than 20 minutes;

"CSA first aid training standard" means the latest version of CSA standard CSA Z1210 , "First aid training for the workplace -Curriculum and quality management for training agencies";

"distant workplace" means a workplace where the surface travel time is more than 20 minutes but less than 40 minutes;

"emergency care facility" means a healthcare facility that meets all of the following criteria:

(i) it is equipped to provide immediate treatment of injuries and illnesses,

(ii) it has a medical practitioner, registered and licensed to practise medicine under the Medical Act, on call;

"emergency health services" means the co-ordinated delivery of services provided by registered pre-hospital first responders and by paramedics and other medical professionals under the Emergency Health Services Act to prevent and manage medical, trauma and health conditions;

"first aid kit" means a first aid kit that conforms to the latest version of CSA standard CSA Z1220 , "First aid kits for the workplace";

"first aid room" means a room at a workplace that is used exclusively for administering first aid;

"hospital" means a hospital, as defined in the Hospitals Act, that provides emergency services during all hours of operation;

"intermediate workplace first aid certificate" means a document issued by a training agency certifying that a person

(i) has successfully completed an intermediate level of workplace first aid training, and

(ii) holds the applicable valid qualifications for an intermediate workplace first aider as set out in the CSA first aid training standard;

"isolated workplace" means a workplace where the surface travel time is 40 minutes or more;

"long-term care facility" means any of the following, as defined in the Homes for Special Care Act:

(i) nursing home,

(ii) residential care facility;

"medical professional" means any of the following:

(i) a medical practitioner who is registered and licensed to practise medicine under the Medical Act,

(ii) a nurse practitioner who is registered and licensed to engage in the practice of a nurse practitioner under the Nursing Act,

(iii) a registered nurse who is registered and licensed to engage in the practice of a registered nurse under the Nursing Act,

(iv) a licensed practical nurse who is registered and licensed to engage in the practice of a licensed practical nurse under the Nursing Act,

(v) a paramedic who is licensed to practise paramedicine under the Paramedics Act;

"office" means a workplace that meets all of the following criteria:

(i) the only work carried out at the workplace is of an administrative, professional or clerical nature,

(ii) the work carried out at the workplace does not require substantial physical exertion or exposure to processes, substances or other conditions that are potentially hazardous to the health and safety of persons at or near the workplace;

"surface travel time" means the time required, under normal travel conditions,

(i) to transport an injured employee from the place where they are injured to a hospital or an emergency care facility, or

(ii) for emergency health services to arrive at the place where an employee is injured and attend to the injured employee;

"training agency" means an agency, organization or person that is approved to provide first aid training under Section 4.5;

"workplace first aider" means a designated employee who holds a valid workplace first aid certificate;

"workplace first aid certificate" means any of the following:

(i) basic workplace first aid certificate,

(ii) intermediate workplace first aid certificate,

(iii) advanced workplace first aid certificate.

[N.S. Reg. 43/2022, s. (b)]

4.2 An employee at a workplace must report all injuries to the employer without undue delay.

[N.S. Reg. 43/2022, s. (b)]

4.3 A workplace first aider must provide first aid within the scope of their training to any injured employee without undue delay.

[N.S. Reg. 43/2022, s. (b)]

4.4 (1) Except as provided in subsection (3), an employer must, at the employer’s expense, provide and maintain the first aid supplies, services and workplace first aiders required by this Part at each of its workplaces.

(2) To enable a designated employee to act as a workplace first aider at its workplace, an employer must pay for all of the following:

(a) the cost of the employee’s first aid course;

(b) the employee’s wages and benefits while taking the first aid course, at the same rates and amounts that they would receive in the ordinary course of their employment.

(3) Two or more employers may enter into a written agreement to collectively provide and maintain the first aid supplies, services and workplace first aiders required by this Part and must keep and make any agreement entered into available at each workplace covered by the agreement.

[N.S. Reg. 43/2022, s. (b)]

4.5 A training agency is approved to provide first aid training if the training agency complies with the minimum requirements for a workplace first aid program as established in the latest version of CSA first aid training standard.

[N.S. Reg. 43/2022, s. (b)]

4.6 (1) A copy of all valid workplace first aid certificates must be maintained by all of the following:

(a) the employer of the certificate holder;

(b) the training agency that issued the certificate.

(2) Unless the training agency that issues a certificate establishes a shorter period, a workplace first aid certificate expires 3 years from the date it is issued.

[N.S. Reg. 43/2022, s. (b)]

4.7 In consultation with the committee or representative, if any, an employer must include all persons employed on any 1 shift in determining the total number of employees employed on that shift, including full-time, part-time and casual employees.

[N.S. Reg. 43/2022, s. (b)]

4.8 (1) Except as provided in Section 4.16, an employer must ensure that the minimum number of workplace first aiders are present in each of its workplaces during working hours, in accordance with this Section.

(2) The following number of workplace first aiders, with the workplace first aid certificate indicated, are required for a close workplace:

Table

(3) The following number of workplace first aiders, with the workplace first aid certificate indicated, are required for distant workplaces:

Table

(4) The following number of workplace first aiders, with the workplace first aid certificate indicated, are required for isolated workplaces:

Table

[N.S. Reg. 43/2022, s. (b)]

4.9 (1) Except as provided in Section 4.16, an employer must provide and maintain first aid kits in the type, size and number according to the type of workplace and number of employees, as set out in the following table:

Table

(2) The first aid kits required by subsection (1) may be substituted with kits of different sizes based on the following equivalencies:

Table

[N.S. Reg. 43/2022, s. (b)]

4.10 (1) An employer must ensure that first aid services and supplies are readily accessible during all working hours.

(2) If more than 1 first aid kit is required at a workplace, the kits must be distributed in the workplace so that they can be quickly accessed in a medical emergency.

(3) To the extent reasonably practicable, an employer must post all of the following information on signs throughout its workplace where they can easily be seen by all persons at the workplace:

(a) the location of first aid supplies;

(b) the name and location or phone number of the workplace’s workplace first aiders.

[N.S. Reg. 43/2022, s. (b)]

4.11 First aid supplies must be kept in a visible location and maintained in accordance with all of the following:

(a) they meet the requirements of this Part;

(b) they are clean and dry;

(c) they are checked regularly for quantity and expiry.

[N.S. Reg. 43/2022, s. (b)]

4.12 Except as provided in Section 4.16, an employer must provide at least 1 first aid room for each workplace that meets all of the following criteria:

(a) it is not an office;

(b) there are 200 or more employees regularly employed on any 1 shift at the workplace.

[N.S. Reg. 43/2022, s. (b)]

4.13 (1) A first aid room must meet all of the following requirements:

(a) it must be easily accessible to employees during all working hours;

(b) it must be large enough to accommodate the supplies and services required by this Part;

(c) it must have an entrance that can easily accommodate a stretcher;

(d) it must be well-lighted, heated and ventilated;

(e) it must be equipped with an efficient means of communicating between the first aid room and all workplace areas served by the first aid room;

(f) it must have emergency telephone numbers prominently posted and accessible;

(g) it must be equipped with all of the equipment and furniture, material and supplies and dressings set out in subsection (3).

(2) A first aid room must be kept clean and in a sanitary condition.

(3) The minimum equipment and furniture, material and supplies and dressings (individually wrapped) required for a first aid room are as set out in the following table:

Table

[N.S. Reg. 43/2022, s. (b)]

4.14 The employer of an injured person who is administered first aid at a workplace must create a written record of the injury, including all of the following information:

(a) the name of the injured person;

(b) the date and time of the injury;

(c) the location and nature of the injuries on the person’s body;

(d) the time when first aid was administered;

(e) the first aid treatment provided;

(f) the name of the person who provided the first aid, and the workplace first aid certificate that they hold;

(g) the name of the person to whom the injury was reported.

[N.S. Reg. 43/2022, s. (b)]

4.15 (1) An employer is responsible for providing a safe and timely means of transporting an injured person from the workplace to a hospital or an emergency care facility.

(2) If an injured person being transported to a hospital or an emergency care facility may require the assistance of another person, at least 1 person, in addition to the driver or operator of the vehicle, boat or aircraft must accompany the injured person.

[N.S. Reg. 43/2022, s. (b)]

4.16 (1) At any of the following workplaces, an employer may substitute a medical professional who maintains current training in cardio-pulmonary resuscitation for a workplace first aider required to be at the workplace under this Part:

(a) a hospital;

(b) an emergency care facility;

(c) a long-term care facility.

(2) At any of the workplaces listed in subsection (1), an employer may substitute medical supplies maintained at the workplace for the first aid kits required by Section 4.9 if the supplies include at least all of the items required by that Section.

(3) At any of the workplaces listed in subsection (1), an employer is not required to strictly comply with the requirements for first aid rooms in Section 4.13 if first aid supplies and facilities equivalent to those set out in that Section are available to employees at the workplace.

[N.S. Reg. 43/2022, s. (b)]

4.17 (1) In this Section,

"vehicle" includes any motor vehicle, boat or aircraft.

(2) Except as provided in subsection (3), an employer must ensure that a vehicle that is regularly used to transport employees is equipped with a size small Type 2 first aid kit.

(3) For a vehicle that is regularly used to transport only the driver of the vehicle, the driver’s employer must ensure that the vehicle has at least a Type 1 first aid kit.

[N.S. Reg. 43/2022, s. (b)]

4.18 (1) Except as provided in Section 4.19, an employer must maintain a written isolated workplace first aid plan for each of its isolated workplace.

(2) A committee or representative, if 1 exists, must be consulted in the development of a workplace’s isolated workplace first aid plan.

(3) An employer’s isolated workplace first aid plan must set out a comprehensive plan for ensuring compliance with this Part at each isolated workplace, and must specify all of the following:

(a) the method for transporting injured employees from each isolated workplace;

(b) the means of communicating with and from each isolated workplace.

(4) An isolated workplace first aid plan for an isolated workplace must reflect the nature of the work being performed at the isolated workplace.

(5) All persons at an isolated workplace must comply with any isolated workplace plan for the workplace.

[N.S. Reg. 43/2022, s. (b)]

4.19 An employer is not required to have an isolated workplace first aid plan if any of the following apply over a 4-week period:

(a) no employee spends more than 10% of their time at the isolated workplace;

(b) any of the employees spend more than 10% but less than 25% of their time at the isolated workplace, and the safety of the isolated workplace is adequately assured including meeting all of the following criteria:

(i) an injured person can be transported from the isolated workplace to the closest emergency care facility within a reasonable time,

(ii) there is a means of transport at the isolated workplace for an injured worker,

(iii) there is a means of summoning assistance available at the isolated workplace,

(iv) the workplace is an office.

[N.S. Reg. 43/2022, s. (b)]

4.20 (1) In this Section,

"former regulations" means the Occupational Health and Safety First Aid Regulations, N.S. Reg. 155/1996.

(2) A first aid certificate obtained under the former regulations is deemed to be equivalent to a workplace first aid certificate, as set out in the following table, and is valid until the certificate expires.

Table

(3) An employer who meets the first aid kit requirements of the former regulations is deemed to be in compliance with the first aid kit requirements of this Part for a period of 12 months immediately after this Part comes into force.

[N.S. Reg. 43/2022, s. (b)]