FAQs: Appeals and Administrative Penalties

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Appeals

What if I don’t agree with an order or decision?

If you do not agree with an order or decision that a Safety and Health Officer (SHO) has issued, you have the right to an appeal. You must submit an appeal to WSH within 14 days of receiving the order, unless the director of WSH has granted you additional time to file your appeal.

The director will review the appeal and either uphold or repeal the SHO’s order, issue a new order, or a combination thereof. If you do not agree with the director’s decision, you may file an appeal with the Manitoba Labour Board within 14 days of the director’s decision.

Note: Effective May 20, 2021, an appeal of a decision made by a SHO may be dismissed by the director of WSH if the appeal is deemed frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months.

All decisions of a SHO can still be appealed to the director of WSH, including work refusals. However, if the case is deemed frivolous or vexatious by the director, the director's appeal decision is final and cannot be appealed further to the Manitoba Labour Board (Section 37.1 and 39(1) of the WSH Act).

See `FAQs Frivolous and Vexatious' for more information.

Administrative Penalties

Orders or violations may result in an administrative penalty. Compliance with an order does not prevent the issuance of an administrative penalty, which can range between $1,000 and $5,000, depending on the type and severity of the violation(s).

How to Appeal:

To appeal an order, written notice (email or letter) must be sent to the attention of the director of WSH within 14 days of date served. The notice must include reasons for the appeal and a list of persons interested in the appeal. Supporting documentation may also be requested.

Email: edwsh@gov.mb.ca

Mailing Address: 200-401 York Ave, Winnipeg, MB R3C 0P8

What if I don’t agree with the penalty?

You have the right to appeal an administrative penalty. Administrative penalties must be appealed to the Manitoba Labour Board within 14 days of the issuance of the penalty.

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