Young Workers

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Young workers are those workers aged 15 to 24 and are among the highest risk groups for workplace injury. For many, the eagerness to tackle any assigned task, the desire to look competent, and the reluctance to ask questions can result in workers who are vulnerable to injury.

Every job has its hazards, and it is important that all workers, and especially young or new workers have hazards pointed out to them, and are trained on whatever hazard controls have been put in place. Some hazards (those related to machinery and equipment, for example) may be more obvious than others (ergonomic hazards, for example, or slips and trips). Respecting health and safety hazards and understanding the risk of what could go wrong will provide a foundation for a healthy and safe workplace.

Young workers should be encouraged to raise their health and safety concerns, report hazards in the workplace, and ask any questions they may have.

Under the Occupational Health and Safety Act, both employers and workers have a legal duty when it comes to workplace health and safety. This shared responsibility for health and safety is known as the Internal Responsibility System.

Because they may be new to the workforce, young workers may not know about or understand their rights or their responsibilities when it comes to health and safety.

Employer Responsibilities

Employers have a responsibility to protect all workers, regardless of age and experience. Under the Youth Employment Act, no employer is allowed to hire a young person in a job that is or is likely to be harmful to the health or safety, moral, or physical development of the young person. The Act also outlines specific limits on the hours young persons should be working, as well as additional employer obligations such as:

  • Assigning reasonable duties, taking into account the age, knowledge, education, and work experience of the worker;
  • Giving appropriate instruction and identifying potential dangers;
  • Directly supervising the work of the young person or making sure that the young person is supervised by an adult with experience of the work; and
  • Providing adequate training before authorizing the young person to work unsupervised.

The duties of employers to protect the health and safety of their workers are the same for everyone, regardless of worker age or experience. A comprehensive workplace safety orientation will help new and young workers integrate into their new work environment. See New Worker Safety Orientation for more information.

Employers must:

  • Take every reasonable precaution to protect the health and safety of workers and others who may be at or near their workplace. [OHS Act, S. 12 (1)(a)]
  • Make sure that workers are familiar with workplace hazards and the procedures to minimize risks. [OHS Act, S. 12 (1)(d)]
  • Comply with all relevant OHS Acts and regulations and make sure workers comply while at work. [OHS Act, S. 12 (2)(d)]
  • Provide equipment, machines, and materials that are safe to use and be around. These precautions include making sure all safety features or devices are used as recommended by the manufacturer or additional measures required by the OHS General Regulations. [OHS Act, S. 12 (1)(b)]
  • Maintain all equipment, machines, and materials so that they do not become hazardous. [OHS Act, S. 12 (1)(b)]
  • Provide any training or supervision necessary to maintain a safe workplace. [OHS Act, S. 12 (1)(c)]
  • Make sure all workers are competent and able to properly use any safety devices and personal protective equipment that may be required by whatever task they are doing. Personal protective equipment must fit properly to be fully effective. [OHS Act, S. 12 (1)(e)]
  • Post a copy of the OHS Act and regulations in a prominent place that all workers can see, as well as any notices and reports that are required. [OHS Act, S. 45]
  • Establish and maintain a Joint Occupational Safety and Health (JOSH) Committee or select at least one health and safety representative. [OHS Act, S. 25] [OHS Act, S. 26]

Worker Responsibilities

Young workers have the same responsibilities as experienced workers when it comes to health and safety in the workplace. Young workers must understand that a workplace has actual and potential hazards that may cause harm if not properly controlled, or if safe work practices are not followed.

While at work, workers must:

  • Follow the instructions, education, and training provided by the employer, and properly use any equipment required to do the task.
  • Work in compliance with the OHS Act and regulations. [OHS Act, S. 16 (1)(f)]
  • Take every reasonable precaution to protect the worker’s own health and safety and that of others who may be at or near their workplace. [OHS Act, S. 16 (1)(a)]
  • Wear or use personal protective equipment (PPE) and clothing as instructed by the employer, and as required by the OHS Act and regulations. [OHS Act, S. 16 (1)(c)]
  • Report any hazards to a supervisor or employer immediately. [OHS Act, S. 16 (2)]
  • Consult and cooperate with the JOSH Committee or representative. [OHS Act, S. 16 (1)(d)]

See Duties of Workers for more information.

Worker Rights

All workers have the right to a safe and healthy work environment. To promote the internal responsibility system (IRS) and to make sure that everyone takes responsibility for their own health and safety, and for the health and safety of those around them, three fundamental worker rights were developed.

These workers rights are:

  1. The Right to Know. Workers have the right to know the hazards of the job, and how these hazards can affect them. These hazards are usually introduced in safety orientations, training sessions, or through on-the-job instructions. An example is Workplace Hazardous Materials Information System (WHMIS) training when you work with hazardous products.
  2. The Right to Participate. Workers have the right to participate in health and safety activities in the workplace. This participation can include being part of the JOSH Committee, asking questions, raising concerns, learning more about OHS, and reporting unsafe practices and conditions to a supervisor.
  3. The Right to Refuse Work. Where a worker has reason to believe that doing an assigned task is likely to endanger the health and safety of themselves or another person, the worker has the right to refuse to do that task. The first step in a work refusal is a worker reporting their concern to their supervisor, and their refusal to put themselves in danger. [OHS Act, S. 28]

These rights are in place to protect the health and safety of all workers, and mean that a worker should not suffer negative consequences for exercising their rights, or following the Act and regulations.

Training

Everyone needs training before they can begin a new task or job. The employer is responsible for providing instruction to all workers on how to do a task or job safely. The instructions should include an explanation of job duties, followed by a demonstration of how to safely do the task. Workers can show they have a good understanding of tasks by being able to repeat the instructions to the supervisor or trainer, or being able to complete all steps of the task safely. The first few times a worker does a task should be under direct supervision to make sure that no steps are missed. This supervision is also an opportunity for the worker to ask questions and for the supervisor to provide feedback, and extra training if it is needed.

NOTE TO YOUNG WORKERS: Speak Up and Ask Questions

It’s okay to ask questions. When you understand the instructions clearly, you will have a better chance of doing the work properly and safely.

Know the hazards in your workplace, and actively participate in your health and safety. If you are asked to do something that you do not believe is safe, or you do not have adequate training to do the job safely, speak with your supervisor right away. Your supervisor would prefer you tell them that you are not sure of something before you do it, rather than finding out after an incident or injury.

If you do not think your concerns were handled correctly, then you can bring the concern to the JOSH Committee or representative.

Remember! The purpose of occupational health and safety legislation is to protect you, the worker, against hazards on the job. The IRS works when everyone is looking out for their own health and safety and the health and safety of their co-workers.

The internal responsibility system is the underlying philosophy of the occupational health and safety legislation in all Canadian jurisdictions. Its foundation is that all in the workplace - both workers and employers - are responsible for their own safety and for the safety of co-workers. 
Note that in the Youth Employment Act, a “young person” means a person under the age of sixteen years.
In general terms, “reasonable precautions” refers to the care, caution, or action a reasonable person is expected to take under similar circumstances.

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01

Section 12 Duties of employers

12. (1) An employer shall ensure

(a) that every reasonable precaution is taken to protect the occupational health and safety of persons at or near the workplace;

(b) that any item, device, material, equipment or machinery provided for the use of workers at a workplace is properly maintained, and is properly equipped with the safety features or devices, as recommended by the manufacturer or required by the regulations;

(c) that such information, instruction, training, supervision and facilities are provided as are necessary to ensure the occupational health and safety of the workers;

(d) that workers and supervisors are familiar with occupational health or safety hazards at the workplace;

(e) that workers are made familiar with the proper use of all safety features or devices, equipment and clothing required for their protection; and

(f) that the employer's undertaking is conducted so that workers are not exposed to occupational health or safety hazards as a result of the undertaking.

(2) An employer shall

(a) consult and cooperate with the joint occupational health and safety committee or the representative, as applicable;

(b) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations;

(c) provide such additional training of committee members as may be prescribed by the regulations;

(d) comply with this Act and the regulations and ensure that workers at the workplace comply with this Act and the regulations; and

(e) where an occupational health and safety policy or occupational health and safety program is required under this Act, establish the policy or program.

(3) An employer shall establish and implement as a policy, in accordance with the regulations, measures to prevent and investigate occurrences of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 3]

Section 16 Duties of worker

16. (1) A worker, while at work, shall

(a) take every reasonable precaution to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(b) cooperate with the employer and with the other workers to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(c) wear or use such individual protective equipment as is required by this Act and the regulations;

(d) consult and cooperate with the committee or representative, if any;

(e) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(f) comply with this Act and the regulations and any policy or program established by an employer pursuant to this Act or the regulations.

(2) Where a worker believes that any item, device, material, equipment or machinery, condition or aspect of the workplace is or may be dangerous to the worker's occupational health or safety or that of other persons at or near the workplace, the worker

(a) shall immediately report it to a supervisor;

(b) shall, where the matter is not remedied to the worker's satisfaction, report it to the committee or the representative, if any; and

(c) may, where the matter is not remedied to the worker's satisfaction after the worker reports it in accordance with clauses (a) and (b), report it to an officer.

(3) Clause (2)(b) does not apply in respect of a complaint of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 4]

Section 25 Joint occupational health and safety committee

25. (1) At a workplace where 20 or more persons are regularly employed by an employer, the employer

(a) shall establish and maintain a joint occupational health and safety committee; and

(b) may establish additional such committees.

(2) Where 20 or more persons are regularly employed by one or more constructors at a project that is expected to last three months or more, a constructor shall establish and maintain a committee for the project.

(3) At a workplace where fewer than 20 but more than five persons are regularly employed, the Director may consult with the workers and employers at the workplace regarding the establishment of a committee and the Director may order that a committee be established.

(4) Where the Director orders that a committee be established under subsection (3), the employer shall ensure that the committee is functioning in accordance with this Act within 30 days of receipt of the order.

(5) A committee shall be composed of the number of persons

(a) agreed to by the workers or their union, and the employer; or

(b) ordered by the Director.

(6) Membership of the committee shall be determined as follows:

(a) one-half of the members shall be selected by the union representing the workers or, in the absence of a union, by the workers that the members represent;

(b) one-half of the members shall be selected by the employer.

(7) The committee shall

(a) cooperate to identify hazards to occupational health and safety in the workplace and effective systems to respond to the hazards;

(b) receive, investigate and promptly deal with issues respecting occupational health and safety , other than a complaint of workplace harassment;

(c) participate in inspections, inquiries and investigations respecting the occupational health and safety of workers in the workplace , other than an investigation of a complaint of workplace harassment;

(d) advise the employer on individual protective equipment, devices and safety features that are best suited to the needs of the workers, within the provisions of this Act and the regulations;

(e) advise the employer regarding a policy or program required by this Act;

(f) make recommendations to the employer, the workers and any other persons for the improvement of the occupational health and safety of persons at the workplace; and

(g) maintain records and minutes of committee meetings in a form and manner approved by the Director and provide an officer with a copy of those records and minutes at the request of the officer.

(8) Subject to subsection (9), a committee shall meet at least once each month unless the committee otherwise provides in its rules of procedure.

(9) Where the Director is not satisfied that the frequency of meetings of a committee is sufficient to enable the committee to effectively perform its functions, the Director may order the committee to hold meetings at such frequency as the Director may specify.

(10) A worker who is a member of a committee is entitled to take the necessary time off from work to attend meetings of the committee, to take training prescribed by the regulations and to carry out the worker's functions as a member of the committee.

(11) The time off from work referred to in subsection (10) shall be deemed to be work time for which the worker is entitled to the worker's usual salary and benefits, without change.

(12) A committee shall establish its own rules of procedure.

[S.P.E.I. 2018, c. 45, s. 6]

Section 26 Occupational health and safety representative

26. (1) Where the number of workers employed at a workplace is five or more but no committee is required under section 25, the employer shall require the workers to select at least one representative from among the workers who do not perform managerial functions.

(2) Where the number of workers at a project is five or more but no committee is required under section 25, the constructor shall require the workers to select at least one representative from among the workers who do not perform managerial functions.

(3) Where the number of workers at a workplace is fewer than five, the Director may

(a) consult with the workers and the employer at the workplace regarding whether a representative should be selected at the workplace; and

(b) order that the workers select a representative if the Director considers that a representative is necessary to ensure that occupational health and safety issues in the workplace are monitored.

(4) A worker who is a representative is entitled to take the necessary time off from work to attend meetings of the committee, to take training prescribed by the regulations and to carry out the worker's functions as a representative.

(5) The time off from work referred to in subsection (4) shall be deemed to be work time for which the worker is entitled to the worker's usual salary and benefits, without change.

(6) A representative shall be involved on behalf of the workers, together with the employer, in occupational health and safety issues in the workplace and shall

(a) cooperate to identify hazards to occupational health and safety in the workplace and effective systems to respond to the hazards;

(b) receive, investigate and promptly deal with issues respecting occupational health and safety , other than a complaint of workplace harassment;

(c) participate in inspections, inquiries and investigations respecting the occupational health and safety of workers in the workplace , other than an investigation of a complaint of workplace harassment;

(d) advise the employer on individual protective equipment, devices and safety features that are best suited to the needs of the workers, within the provisions of this Act and the regulations;

(e) advise the employer regarding a policy or program required by this Act; and

(f) make recommendations to the employer, the workers and any other persons for the improvement of the occupational health and safety of persons at the workplace.

[S.P.E.I. 2018, c. 45, s. 7]

Section 28 Right to refuse work

28. (1) A worker may refuse to do an act at the worker's workplace where the worker has reasonable grounds for believing that the act is likely to endanger the worker's occupational health or safety or the occupational health and safety of another worker.

(2) A worker who has reason to believe that an act is likely to endanger the worker's occupational health and safety or the occupational health or safety of another worker shall immediately report the concern to the worker's supervisor, who shall promptly investigate the situation in the presence of the worker.

(3) Where a supervisor finds that the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the supervisor shall take appropriate remedial action or recommend appropriate remedial action to the employer.

(4) Where a supervisor finds the worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the supervisor shall advise the worker to do that act.

(5) Where a worker has made a report under subsection (2) and the matter has not been resolved to the worker's satisfaction, the worker shall refer the matter to a committee or representative or, where there is no committee or representative, to an officer.

(6) On receipt of a referral under subsection (5), the committee, representative or officer shall promptly investigate the situation.

(7) Where a committee or representative finds that the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the committee or representative shall recommend appropriate remedial action to the employer.

(8) Where a committee or representative finds that the worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the committee or representative shall advise the worker to do that act.

(9) Where a matter has been referred to a committee or representative under subsection (5), and the matter is not resolved to the satisfaction of the worker, the worker may refer the matter to an officer.

(10) On receipt of a referral under subsection (5) or (9), an officer shall promptly investigate the situation and make the officer's findings known in writing, as soon as is practicable, to the employer, the worker and the committee or representative, if any, as to whether the worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker.

(11) Where, on a referral under subsection (5) or (9), an officer finds that a worker has reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the officer shall order remedial action to be taken by the employer.

(12) Where, on a referral under subsection (5) or (9), an officer finds that a worker does not have reasonable grounds for believing that an act is likely to endanger the worker's occupational health or safety or the occupational health or safety of another worker, the officer shall advise the worker to do that act.

(13) Pending an investigation under this section, the worker shall remain available at the workplace during the worker's normal working hours.

Section 45 Posting written materials

45. An owner, employer or a constructor shall keep in a prominent place accessible to the workers

(a) a copy of this Act and the regulations; and

(b) such notices and reports as are required by this Act and the regulations to be posted.