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OffshoreAccurate records of the handling,storage, use and disposal ofbiological, chemical or physicalagents must be maintained.Most jurisdictions have enactedspecific regulations governingcertain types of work and employersshould become familiar with theregulations that apply to theirworkplaces.Special regulations and rules apply to theoffshore industry. Both Newfoundland andLabrador and Nova Scotia have worked withthe federal government in an attempt toestablish a common approach to health andsafety in their respective offshore industries.Criminal negligenceIn 2004, the Criminal Code of Canada wasamended to make it easier to imposecriminal liability on an organization orindividual where that organization orindividual fails to take reasonable steps toprevent workplace accidents. The CriminalCode does not oust the jurisdiction ofprovincial occupational health and safetylegislation, so it is possible that proceedingsmay be brought both under the CriminalCode and applicable occupational healthand safety legislation in respect of the sameevent. Thus far, there have been relativelyfew Criminal Code prosecutions. They havebeen reserved for the most egregiousconduct.Labour RelationsEach jurisdiction has legislation thatregulates provincial trade union activities,generally known as labour relations orindustrial relations legislation. Thislegislation governs both the process bywhich a trade union acquires bargainingrights and subsequent collective bargainingprocedures between trade unions andemployers.Certification in most industriesIn each jurisdiction, unions are required toseek certification from a statutory board(titled the “Labour and Employment Board”in New Brunswick, the “Labour Board” inNova Scotia, the “Labour Relations Board”in Prince Edward Island and Newfoundlandand Labrador, and the “Canada IndustrialRelations Board” for businesses underfederal jurisdiction). While there aredifferences in each jurisdiction, they alladdress the following:Certification: the process foracquiring bargaining rights andforming a bargaining unit. Indetermining whether a bargainingunit is appropriate for collectivebargaining, the board may include orexclude employees based, forexample, on whether the employeesare management or not, andwhether a certain class ofemployees belongs in the bargainingunit.Statutory “Freezes”: once a labourboard is served with an applicationfor certification, an employer isunable to alter wage rates, terms ofemployment or any otherEmployment and Labour Law 95