As of June 1, 2018’s new Occupational Health and Safety (OHS) laws have come into effect. Public consultation informed changes to the act and influenced drafting updates to the OHS regulation and code to include harassment and violence, however, the new regulations are a surprise to many employers across Alberta.
The major changes can be summarized into five major categories: worksite health and safety committees and representatives, harassment and violence, WHMIS, obligations of worksite parties (worksite parties refers to different categories of workers/supervisors that may be present at a worksite), and reporting work incidents.
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Worksite health and safety committees and representatives
Establishing a committee or HS representative
Training for HSCS and HS representatives
Workplace harassment and violence
WHMIS
Obligations of worksite parties
Reporting incidents
1. Worksite health and safety committees and representatives
Joint work site health and safety committees (HSC) are a group of worker and employer representatives working together to identify and solve health and safety concerns at the work site. Health and safety representatives (HS representatives) also promote awareness and interest in health and safety, and take on many roles of the HSC. HSCs and HS representatives contribute to the basic rights all workers have in protecting their health and safety.
When 20 or more workers are at a work site and when work is expected to last 90 days or more, the employer is required to establish an HSC. On work sites where there are from 5 to 19 workers employed for more than 90 days, the employer shall ensure that there is a designated HS representative. If no program is required, the employer must involve workers in hazard assessment and control.
Employers must:
- provide adequate resources, time, and training to help committees and representatives function effectively
- hold meetings and carry out duties and functions during normal working hours
- post the names and contact information of committees members and representatives in a place all workers can see
Establishing a Committee or HS Representative
The HS representative is to be chosen by the workers, unless prescribed by a union agreement. The employer must meet regularly with the HS representative to discuss health and safety matters, and must also work with the HS representative to determine how often meetings should occur and how to record meetings (there are no minimum requirements in the act).
The employer is responsible for establishing a committee. If a work site has multiple employers or self-employed people, the prime contractor is responsible for establishing the HSC. If there is no prime contractor, all employers and self-employed people must work together to establish a HSC for the work site.
Each HSC must have at least 4 members, and at least half of the HSC must consist of workers. Each HSC must also have 2 co-chairpersons. Worker representatives and co-chairs are selected by the workers for a term of not less than a year. Employer representatives and co-chairs are assigned by the employer.
Training for HSCs and HS Representatives
Training for HSCs and HS representatives
The employer or prime contractor must provide work site HSC members and HS representatives with training about their duties and functions of their role; this training is required in order for committees and representatives to be established. Committee members and representatives must be allowed 16 hours, or the hours they would normally work during two shifts, to attend work site health training programs, seminars, or courses of instruction.
The Canadian Centre for Occupational Health and Safety has developed a free introductory course to help committee members and representatives learn about their roles.
Comprehensive training for committee members and representatives will be available through approved organizations with a list of providers and more information coming soon.
2. Workplace Violence and Harassment
Employers and supervisors must ensure workers are not subject to or participate in workplace harassment or violence. The new rules require employers to:
- investigate incidents of violence and harassment and take corrective action
- develop separate violence and harassment prevention plans
- review plans at least once every three years
- ensure workers receive training on preventing and responding to violence and harassment
- have an appeal process for workers disciplined for bringing harassment and violence issues forward
- advise workers of treatment options if harmed by violence or harassment; workers are entitled to wages and benefits while attending treatment programs.
Read more on workplace violence and harassment.
3. WHMIS
Federal WHMIS legislation was changed in 2015, but WHMIS legislation is both federal and provincial. The changes made to the provincial OHS code now align Alberta with the federal requirements for WHMIS 2015.
View the Alberta 2015 WHMIS changes.
4. Obligations of Worksite Parties
The new OHS laws update and clarify the roles and responsibilities of different groups of people that may be present on a work site. Each party has a specified role in how that party is responsible for OHS. Some parties specified include: supervisors, workers, contractors and prime contractors, owners of worksites, suppliers, and others.
Find a full list of the roles.
5. Reporting Incidents
The government must be notified when a serious injury, incident, or fatality occurs on a worksite to ensure an adequate investigation is conducted. The prime contractor is responsible for notifying the government by calling the OHS Contact Centre at 1-866-415-8690. If there is no prime contractor, the employer of the worksite is to report the incident/injury.
The types of incidents that must be reported include a serious injury or incident, an incident at a mine or mine site, a potentially serious incident (PSI), incidents that result in the death of a worker or a worker being admitted to a hospital, incidents involving unplanned explosion, fire or flood that causes or could cause serious injury, the collapse of a crane or hoist, and the collapse or failure of any component of a building or structure needed for structural integrity.