Pursuant to legislation, the Board is responsible for enforcing provisions of the Act and the regulations made under it. Implementation and enforcement is accomplished through Safety or Conservation Officers who perform various duties of auditing, compliance monitoring, inspection and investigation to monitor compliance with the Act and the regulations. A description of the powers of the Chief Safety Officer and Safety Officers and key compliance and enforcement tools is provided below:

• Orders
• Investigations
• Work Refusals

Orders

• Order to Comply

An Order to Comply is a direction from a Safety Officer or the Chief Safety Officer directing or ordering a person to correct a deficiency that is causing or has caused a compliance issue and which could constitute an offense. An Order to Comply may be issued when it appears a person is ignoring or slow to respond to a non-compliance or other non-compliance. An Order to Comply will be issued in writing and will include the reference to the section of the Act or regulation giving rise to the noncompliance, the reasons for issuing the Order to Comply, the conditions that must be complied with and where applicable, the process available to appeal the instruction. Failure to comply with an order of a Safety Officer or Chief Safety Officer is an offence under the Acts.

• Order Respecting Dangerous Situation

Pursuant to legislation, where the Chief Safety Officer or a Safety Officer is of the opinion that the continuation of an operation is likely to result in serious injury, then an “Order Respecting Dangerous Situation” may be issued. In this event, the Chief Safety Officer or Safety Officer may order that the operation cease or be continued under specified conditions. Once issued, Orders must be posted in prominent locations throughout the installation. Further information on the issuance and the appeal of these orders are contained within Sections 193 and 205.093 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act.

Investigations

Operators and Employers are required to investigate all reportable incidents and submit a report to the Board (refer to Reporting and Investigation of Incidents). However, the legislation also provides the ability for the C-NLOPB to conduct an investigation into any occurrence under its jurisdiction. Thus, where Board staff suspect a violation of the legislation or receives a report of an incident, the Chief Safety Officer or Chief Conservation Officer may initiate an investigation. Investigations could also be initiated in the event that Board staff was not satisfied with an Operator’s investigation report.

If an investigation by C-NLOPB staff is required, the Chief Safety Officer and/or the Chief Conservation Officer will:

1. notify the Operator of the investigation;
2. request immediate transportation to the location; and
3. will order the Operator to ensure that the scene is preserved and secured at all times, subject to attending to damage control and medical response necessary to prevent further damage, injury or death.

Depending on the nature of the incident, Board Staff may need to coordinate their efforts with other agencies. Agencies that may become involved in an investigation include:

• Canadian Coast Guard
• Service NL, Occupational Health and Safety Branch
• Royal Canadian Mounted Police
• Office of the Chief Medical Examiner
• Transportation Safety Board
• Transport Canada (Marine Safety and Aviation Branches)
• Environment Canada

The C-NLOPB conducts investigations for root cause or in consideration for potential prosecution for offences under the Acts. During a C-NLOPB investigation, Officers will review the causation of and factors contributing to the incident or suspected violation. Evidence collected under a warrant during a C-NLOPB investigation may be used as evidence to support a prosecution.

Work Refusals

Pursuant to the legislation, workers on offshore marine installations or structures have the right to refuse any task which they believe is dangerous to their health and safety, or the health and safety of another person at the workplace or in a passenger craft. Where a worker has exercised his or her right to refuse and the matter is not remedied to the satisfaction of the worker the matter shall be brought to the attention of the Offshore Workplace Committee or Coordinator and reported to a C-NLOPB Safety Officer. If the committee is unable to resolve the matter, the matter will be investigated by a Safety Officer who has the authority to order a resolution. A person may refuse the work until either they are satisfied with the remedial action taken by the employer or a Safety Officer has investigated the matter and has rendered a decision.

A worker can report a work refusal either in writing or orally to a Safety Officer. The proper sequence for exercising this right is as follows:

1. report the task being refused to the supervisor with the reason for the refusal, in terms of why they believe there is a safety or health risk;
2. supervisor provided with the opportunity to resolve concerns;
3. if concern is not remedied by the supervisor to the satisfaction of the worker, then report to the Workplace Committee for remediation (the Operator notifies the C-NLOPB at this point that a refusal has occurred);
4. the Committee is provided with the opportunity to resolve concerns;
5. if concern is not remedied by the Committee to the satisfaction of the worker, then a C-NLOPB Safety Officer will be requested to investigate the issue;
6. a C-NLOPB Safety Officer conducts an investigation and renders a decision; and
7. the employer and/or worker must abide by the decision.

Employers, Operators and unions shall not take any reprisal against a worker for exercising his or her right to refuse.