Understanding Alberta's Health and Safety Requirements

As an employer, you play an important role in preventing workplace injuries and promoting a safe and healthy workplace. In fact, under the  Alberta Occupational Health and Safety Act (“OHSA”), Occupational Health and Safety Regulation and Occupational Health and Safety Code (collectively, “OHS Legislation”) , you have a legal obligation to properly inform, instruct and supervise your employees and to do everything you reasonably can to protect them.

I have fewer than 5 employees:

• If you have fewer than 5 employees you are required to involve affected workers in your hazard assessments. All workers have the right to participate in decision-making on matters that affect their health and safety at work.

I have 5 to 19 employees:

• If you have 5 to 19 employees, and work expected to last 90 days or more, you are required to appointment one worker as a Health and Safety Representative.
  • Representatives help employers respond to health and safety concerns of workers; develop health and safety policies and safe work procedures; develop and promote education and training programs; participate in work site inspections and investigations; investigate worker reports of dangerous work and refusal to work; and with health and safety orientations for new employees.
• Employers must train HS representatives, and the training must include:
  • The roles and responsibilities of HS representatives.
  • Work site party obligations.
  • Worker’s rights under the OHS Act.

Employers have flexibility in their approach to how the training is provided. Employers can develop and provide the training themselves, or use an outside training provider.

• 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 committee members and representatives.

I have 20 or more employees:

• If you have 20 or more employees, and work expected to last 90 days or more, you are required to set up a Joint Worksite Health and Safety Committee that consists of a minimum of 4 people (half of which must be workers) and must meet at least quarterly. The committee must meet during work hours or will have to be paid for additional time spent on their duties in this role.
  • Joint Worksite Health and Safety Committees help employers respond to health and safety concerns of workers; develop health and safety policies and safe work procedures; develop and promote education and training programs; participate in work site inspections and investigations; investigate worker reports of dangerous work and refusal to work; and with health and safety orientations for new employees.
• Employers must train HSC members and the training must include:
  • The roles and responsibilities of co-chairs and HSC members.
  • Work site party obligations.
  • Worker’s rights under the OHS Act.

Employers have flexibility in their approach to how the training is provided. Employers can develop and provide the training themselves, or use an outside training provider.

• 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 committee members and representatives where it.

Health & Safety Program:

• Your company must formalize and implement an official Health and Safety Program, comprised of a minimum of 10 sections including:
  • A health and safety policy.
  • Hazard identification.
  • An emergency response plan.
  • Responsibility statements.
  • Inspection schedules.
  • Protocols for visitors and third parties.
  • Orientation and training plans.
  • Investigation procedures.
  • Worker participation guidelines,
  • And any industry specific regulations that may pertain to your business.

Harassment & Violence Prevention:

• All workplaces in Alberta must establish a harassment and violence prevention program which includes potential psychological harm within your workplace.
• All employers, supervisors, and workers have an obligation to prevent and address harassment and violence at the workplace.
• Workplace harassment is defined as a single or repeated incident of objectionable or unwelcome conduct, comment, bullying or action intended to intimidate, offend, degrade or humiliate a particular person or group.
• Workplace violence is deemed as the threatened, attempted, or actual conduct of a person that causes or is likely to cause physical or psychological injury.

What you will need to do:

• A prevention plan must be developed and implemented, which includes a policy statement, hazard assessments and procedures for both prevention and addressing complaints raised. The plans must be reviewed a minimum of every 3 years - see attached templates.
• You will need to ensure new and existing workers read and acknowledge your policy statement and that it is posted in a visible location within your workplace.
• A hazard assessment must be completed to determine what may be a potential risk and how to address it. Harassment and violence would be treated as any other hazard in the workplace, thus if you already conduct hazard (or risk) assessments, the same practice can be utilized - see attached templates.
• Training is to be conducted to ensure workers understand the hazard of workplace harassment and violence, how to recognize the signs of danger, what to do about it, and how to report it.
• Procedures will be required on how to report incidents or complaints and on how to conduct investigations. If you currently have an incident investigation process, it may be adapted to capture harassment and violence.
• Lastly, employers must offer support to workers who are affected by an incident of harassment or violence in the workplace; either by consulting with a health professional of the worker’s choice or through an employee assistance program (EAP) if available.

The Alberta OHS provide a Harassment and Violence Prevention Plan Samples & Templates.

OHS Posting Requirements:

• You are required to post the below documentation and signage to protect the health and safety of workers. The law requires employers to post this information in areas in which workers have easy access to it, and in places where it is likely to come to the attention of workers.
  • When an Injury Happens Poster.
  • Occupational Health and Safety Act .
  • Occupational Health and Safety Regulation .
  • Occupational Health and Safety Code.

First-aid Requirements:

• Employers, contractors or owners must provide First-aid training and have First-aid supplies at their workplaces. The number of First-aid attendants needed, the extent of first aid training, as well as the amount and the type of first aid supplies required, depend on the number of workers, distance to a medical facility, and how hazardous the work is.

See attached for the Summary of Alberta First Aid Requirements to determine what is necessary in your workplace and a list of what is required in your workplace’s first aid kit. 

Government approved first aid training providers.

Employers are required to record all injuries and illnesses that occur at the work site.

WHMIS

• WHMIS is a legal requirement to protect employees who work with hazardous materials. Not sure if this is relevant to your workplace? If any products on the Canadian Centre for Occupational Health and Safety (CCOHS) classes of hazardous materials list are present, your staff must have WHMIS.
• CFIB members can access a free online WHMIS course from VuBIZ.

CFIB is here to help you!

In addition to the Health and Safety Requirements, there are several other compliance measures your business should be considering. You can always contact Business Resources for further information, for example of a Health and Safety Policy, Emergency Communication Procedure, or for more details on any Occupational Health and Safety issues at 1.888.234.2232 or email us at msalb@cfib.ca.