Introduction and Background

A number of important changes to Alberta's Occupational Health and Safety Act (OHSA) will come into force on June 1, 2018. The intent of the OHSA changes are to modernise Alberta's occupational health and safety regimen and to bring Alberta in line with other Canadian jurisdictions.

After June 1, 2018, employers and supervisors will be obligated by the OHSA to prevent workplace harassment and violence. "Harassment" is broadly defined, and includes single or repeated incidents of objectionable or unwelcome conduct, comment, bullying, or actions that a person knows or ought to know will cause offence or humiliation to a worker, or that adversely affects the worker's health and safety. This may include comment, conduct, bullying or action directed at race, religion, colour, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, gender, gender identity, gender expression, and sexual orientation, and also includes sexual solicitation or advances. This kind of conduct has no place in at any worksite, office, plant or other organization, and many employers already have policies in place to address this kind of behaviour. The importance of the legislative change is that there will now be serious quasi-criminal penalties in place to ensure that Alberta workplaces are free from harassment.

Among the changes to the OHSA are provisions that are intended to increase worker engagement in health and safety issues by mandating the creation of joint workplace health and safety committees for workplaces with 20 or more workers that are engaged in work lasting more than 90 days. The duties of a joint worksite health and safety committee include:

  • dealing with health and safety concerns as they arise;
  • promoting safety measures and identifying hazards to workers;
  • developing and promoting educational programs concerning health and safety;
  • making recommendations to the employer;
  • participating in investigations of serious injuries and incidents; and
  • maintaining records in connection with the receipt and disposition of concerns and complaints.

The primary duty of employers under the OHSA is to do all that is reasonably practicable to ensure health and safety. The formation of a joint workplace health and safety committee is one important tool that an employer has to ensure compliance with the OHSA. Another important tool required by the OHSA amendments is the establishment of a health and safety program in workplaces that have 20 or more workers. Employers are required to implement a health and safety program in consultation with the joint workplace health and safety committee that includes the following ten elements:

  • a policy for protection and maintenance of health and safety;
  • identification of existing and potential hazards, including harassment, violence, physical, biological, chemical or radiological hazards and measures to eliminate, reduce or control the hazards;
  • an emergency response plan;
  • a statement of responsibilities of the employer, supervisors, and workers;
  • a schedule and procedures for regular inspection of a worksite;
  • procedures to be followed to protect health and safety when another employer or self-employed person is working at your worksite;
  • worker and supervisor health and safety orientation and training;
  • procedures for investigating incidents, injuries and refusals to work;
  • procedures for worker participation in work site health and safety, including inspections and the investigation of incidents, injuries, and refusals to work, and
  • procedures for revising a health and safety program if circumstances at a worksite change in a way that creates or could create a hazard to workers

Another important change to the OHSA is in relation to reporting requirements. Employers are presently obligated to report incidents that result in a two day hospitalization, and are required to investigate near miss incidents, but there is no requirement to report the near miss. After June 1, 2018 employers will be required to report any incident that results in admission to hospital regardless of the duration, and will be required to report all near miss incidents that had the potential to cause serious injury.

The Alberta Government is still consulting Albertans on the new rules to prevent harassment and violence as well as joint worksite health and safety committees, and new regulations under the OHSA are expected once the consultation process is complete. Regardless of any changes to the Occupational Heath & Safety Regulation or Code, employers will remain obligated to ensure that workers are aware of their rights and duties under the OHSA, the Regulation and the Code. A proactive approach will certainly be required to stay on top of changes to Alberta's health and safety laws.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.