The Alberta Guide to OHS Employers is a 30-page document, published by the provincial government to provide information to employers on an important aspect of the province’s Occupational Health and Safety law. Here are key highlights from the guide:
Who is an employer?
You are an employer in Alberta if:
- You are self-employed.
- You employ or engage one or more workers, including workers from a temporary staffing agency.
- You are a designated employer representative.
- You are responsible for overseeing workers’ health and safety for your corporation or employer.
The Alberta OHS laws apply to all employers and their worksites. There are activities and workplaces where the laws DO NOT apply such as:
- Where federal jurisdiction applies (for example, Canadian chartered banks, interprovincial transportation companies, television and radio broadcasters).
- Certain farming and ranching operations, if you are the owner, their family member or an unwaged person working at the farm or ranch.
- Private dwellings, if a person who lives there is doing tasks for their own business, or personal work – such as household in, to or around the home.
Note: When the occupant of a private dwelling (or someone on their behalf) directly employs a worker to do normal household duties, specific code provisions apply. This is true whether the domestic worker lives in the home or not.
If you are working from home for an outside employer, the OHS Act and OHS Code apply to you and your employer.
Employer Responsibilities
An employer “must do everything reasonable and practicable to ensure” the following duties and responsibilities:
- The health, safety and welfare of workers.
- The health and safety of other persons at or in the vicinity of the work site.
- Your workers know their rights and responsibilities under the occupational health and safety legislation.
- Your workers are not subject to and don’t participate in workplace harassment or violence.
- Your supervisors are competent and know the occupational health and safety requirements that apply to your work.
- Your health and safety committee or representative – if you have either – comply with their legislated requirements.
- You resolve health and safety concerns in a timely manner.
- Your workers are trained to perform their work in a healthy and safe manner.
- Only competent workers, or workers supervised by competent workers, carry out dangerous work.
- Health and safety information – describing hazards, controls, work practices and procedures – is readily available to workers and (if applicable) the health and safety committee or representative, or a prime contractor.
- Occupational health and safety legislation is readily available at your site.
- You cooperate with any person exercising a duty under the occupational health and safety legislation.
- Maintaining equipment at your work site in safe working order.
- Ensuring hazardous products (such as dangerous substances or chemicals) are properly labelled and stored, and safety data sheets are readily available to workers.
- Ensuring workers have the skills and training they need to do their jobs safely, including but not limited to training on:
- Work practices and procedures.
- How to use equipment safely.
- How to select and use required personal protective equipment.
- Posting OHS orders at a conspicuous place on the work site, as long as the orders remain in effect. Distributing them electronically is also acceptable.
Note: These are only some highlighted employer responsibilities. There are many other employer duties in the OHS Act, OHS Regulation and OHS Code. As an employer, you must make sure you know and comply with any obligations that apply to you. If you are self-employed (you work for yourself), both employer and worker responsibilities apply to you. However, you can modify these responsibilities as necessary, because you are one individual.
Penalties and Prosecutions
As with any law, there are consequences in the form of penalties and prosecutions for violations. In the case of the Alberta OHS laws, the guide states these as the effects of violating the provisions of the law:
Administrative penalties
An administrative penalty is a monetary penalty issued by Alberta OHS. Penalty amounts are a maximum of $10,000 per day, per contravention. OHS officers can issue administrative penalties to any person who has done any of the following:
- Contravened occupational health and safety laws.
- Not complied with an order, acceptance, allowance, approval, or inter-jurisdictional recognition.
- Made a false statement or given false or misleading information to an officer. For more information on orders, tickets or administrative penalties, read Role and duties of Alberta OHS officers.
Prosecutions
A work site party who breaks the rules of the OHS Act or the OHS Code, or commits other offences listed in the act, can be charged. Conviction on a first offence can lead to a fine of up to $500,000, plus $30,000 each day an offence continues and/or a jail term of up to six months per violation. A second offence can result in a fine of up to $1 million plus $60,000 each day an offence continues and/or a jail term of up to one year per violation. These penalties are set out in the OHS Act.
As well, charges can be laid for workplace incidents under federal criminal law against anyone who directs another person’s work, and whose actions or omissions “show a wanton and reckless disregard for the lives and safety of other persons.” The Canada Criminal Code imposes serious penalties for violations that result in bodily harm (serious injury or illness) or death. In such cases, the maximum jail penalties are 10 years for each person who suffered bodily harm (serious injury or illness) and life imprisonment in relation to each person killed.
Where Health and Safety Assistant can help?
Knowing an employer’s responsibilities is one thing but working through to ensure compliance with the OHS laws is another. It requires knowledge, expertise and time to implement them effectively.
This is where Health and Safety Assistant comes in. We provide quality and affordable support resources and services to help employers fulfil their health and safety obligations and responsibilities in the workplace, giving them peace of mind and time to focus on their core business pursuits.
Visit our website and get in touch with us to discuss further on how we can support you.
E-mail: info@healthandsafetyassistant.com
Phone: 587-586-2734
Location: Calgary Alberta
Reference: Guide to OHS: Employers. https://open.alberta.ca/dataset/200527b4-fbb0-4e8e-bec5-74a39409c4d3/resource/71bc19d8-930a-46e2-b884-2ed1b328c069/download/jend-ohsorp-li009-guide-to-ohs-employers-2023-03.pdf