8 (1) At a project or other workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the constructor or employer shall cause the workers to select at least one health and safety representative from among the workers at the workplace who do not exercise managerial functions.  R.S.O. 1990, c. O.1, s. 8 (1). Order appointing health and safety representatives (2) If no health and safety representative is required under subsection (1) and no committee is required under section 9 for a workplace, the Minister may, by order in writing, require a constructor or employer to cause the workers to select one or more health and safety representatives from among the workers at the workplace or part thereof who do not exercise managerial functions, and may provide in the order for the qualifications of such representatives.  R.S.O. 1990, c. O.1, s. 8 (2). Idem (3) The Minister may from time to time give such directions as the Minister considers advisable concerning the carrying out of the functions of a health and safety representative.  R.S.O. 1990, c. O.1, s. 8 (3). What Minister shall consider (4) In exercising the power conferred by subsection (2), the Minister shall consider the matters set out in subsection 9 (5).  R.S.O. 1990, c. O.1, s. 8 (4). Selection of representatives (5) The selection of a health and safety representative shall be made by those workers who do not exercise managerial functions and who will be represented by the health and safety representative in the workplace, or the part or parts thereof, as the case may be, or, where there is a trade union or trade unions representing such workers, by the trade union or trade unions.  R.S.O. 1990, c. O.1, s. 8 (5). Inspections (6) Unless otherwise required by the regulations or by an order by an inspector, a health and safety representative shall inspect the physical condition of the workplace at least once a month.  R.S.O. 1990, c. O.1, s. 8 (6). Idem (7) If it is not practical to inspect the workplace at least once a month, the health and safety representative shall inspect the physical condition of the workplace at least once a year, inspecting at least a part of the workplace in each month.  R.S.O. 1990, c. O.1, s. 8 (7). Schedule of inspections (8) The inspection required by subsection (7) shall be undertaken in accordance with a schedule agreed upon by the constructor or employer and the health and safety representative.  R.S.O. 1990, c. O.1, s. 8 (8). Inspections (9) The constructor, employer and workers shall provide a health and safety representative with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace.  R.S.O. 1990, c. O.1, s. 8 (9). Idem (10) A health and safety representative has power to identify situations that may be a source of danger or hazard to workers and to make recommendations or report his or her findings thereon to the employer, the workers and the trade union or trade unions representing the workers.  R.S.O. 1990, c. O.1, s. 8 (10). Powers of representative (11) A health and safety representative has the power, (a)  to obtain information from the constructor or employer concerning the conducting or taking of tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace for the purpose of occupational health and safety; (b)  to be consulted about, and be present at the beginning of, testing referred to in clause (a) conducted in or about the workplace if the representative believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid; and (c)  to obtain information from the constructor or employer respecting, (i)  the identification of potential or existing hazards of materials, processes or equipment, and (ii)  health and safety experience and work practices and standards in similar or other industries of which the constructor or employer has knowledge.  R.S.O. 1990, c. O.1, s. 8 (11). Response to recommendations (12) A constructor or employer who receives written recommendations from a health and safety representative shall respond in writing within twenty-one days.  R.S.O. 1990, c. O.1, s. 8 (12). Idem (13) A response of a constructor or employer under subsection (12) shall contain a timetable for implementing the recommendations the constructor or employer agrees with and give reasons why the constructor or employer disagrees with any recommendations that the constructor or employer does not accept.  R.S.O. 1990, c. O.1, s. 8 (13). Notice of accident, inspection by representative (14) Where a person is killed or critically injured at a workplace from any cause, the health and safety representative may, subject to subsection 51 (2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings in writing to a Director.  R.S.O. 1990, c. O.1, s. 8 (14). Same (14.1) A health and safety representative may share with an inspector any of the findings made by the representative under subsection (14). 2021, c. 34, Sched. 15, s. 2. Entitlement to time from work (15) A health and safety representative is entitled to take such time from work as is necessary to carry out his or her duties under subsections (6) and (14) and the time so spent shall be deemed to be work time for which the representative shall be paid by his or her employer at the representative’s regular or premium rate as may be proper.  R.S.O. 1990, c. O.1, s. 8 (15). Additional powers of certain health and safety representatives (16) A health and safety representative or representatives of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the constructor or the employer and the workers, has, in addition to his or her functions and powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon a health and safety representative by this section.  R.S.O. 1990, c. O.1, s. 8 (16). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 6 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2021 2021, c. 34, Sched. 15, s. 2 - 02/12/2021 Joint health and safety committee