Workplace Safety & Health Act (WSH) Appeals

The Workplace Safety and Health Branch (“WSH”) enforces The Workplace Safety and Health Act (“WSHA”) and its three associated regulations to ensure safe and healthy working environments in Manitoba. Through inspections and investigations, WSH aims to improve compliance with legislation to reduce workplace fatalities, serious injuries and illnesses.

If a person or organization disagrees with the findings of a workplace safety and health officer, they have a right to appeal to the director of the WSH (“Director”). This appeal must be submitted in writing to the Director within 14 days of receiving the order. The Director may choose to confirm, refuse or refer the appeal to The Manitoba Labour Board (“the Board”). If referred, the Board will hear the case.

The Board does not investigate workplace safety and health concerns. The Board will hear an appeal referred to it by the Director. A party can also file an appeal directly with the Board if they do not agree with the decision of the Director.

When a matter is appealed to the Board, it is treated anew or “de novo”, as if no prior decision had been made. This allows for a fresh examination of the facts and evidence. All parties will have an opportunity to present evidence and make arguments. It is not a continuation of the investigation conducted by WSH. The Board has the authority to confirm, vary (change), or set aside orders and decisions that are under appeal. The Board's decisions are final and binding, subject only to limited appeals to the Court of Appeal on questions of law or jurisdiction.

The Director might make decisions on the following types of cases:

• an improvement order – a directive by the workplace safety and health officer to correct a situation where safety and health laws are broken
• a stop work order - a directive by the workplace safety and health officer that immediately stops work
• a decision on the right to refuse unsafe work - an order with respect to a worker's right to refuse dangerous work made by a workplace safety and health officer
• a reprisal decision

Filing an appeal of a decision of the Director

To appeal a WSH decision with the Board, submit the following documents within 14 calendar days of the date of the decision of the Director:

• Form A: Memorandum of General Information Required on all Proceedings
• Form 1: Appeal from a Stop Work Order OR Form 2: Appeal from a Decision of Director
• A written statement that includes the reasons for the appeal
• A copy of the order being appealed

The Board may allow an extension of the deadline in some circumstances.

Administrative penalties may be imposed by the Director in cases where the named party has failed to:

• follow a specific provision of the WSHA or its regulations, where a workplace safety and health officer believes that the failure involves or is likely to involve an immediate risk of serious injury
• follow an improvement order or maintain compliance with it
• follow an improvement order within the timelines set out in it
• follow a stop work order by resuming an activity that was previously the subject of the order
• notify the branch of a serious incident or provide the required information respecting a serious incident in
• accordance with the regulations
• follow a reprisal order

Filing an appeal of an administrative penalty

To appeal an administrative penalty, submit the following documents within 14 calendar days of being served with the notice:

• Form A: Memorandum of General Information Required on all Proceedings
• a detailed notice of appeal that includes reasons for the appeal
• the original administrative penalty order

WSHA appeals before the Board are a new hearing where all parties are expected to present their cases fully. After receiving an appeal, the Board will conduct a case management conference to set a date, time, and location for the hearing. Please refer to Preparing for your Hearing for further information.

After the hearing, the Board issues a written decision which is sent to all parties.

Unless the Board orders otherwise, the filing of an appeal does not suspend the operation of the order, the decision under appeal, or the requirement to pay the administrative penalty.

Confidentiality Notice

Parties who file documents with the Board are participating in a public hearing. This means that all information included in an application:

• will be provided to the respondents and interested parties
• may be referenced in the Board's order or reasons
• may appear on the Board's website
• may be published in print and online reporting services