24 Hazards
25 Regular
inspection of work sites
26 Agreements
re research and educational programs
27 Consultants
28 Exchange
of information
28.1 Publication of information about employers
29 Report
on designated substances
30 Controlled
product
31 Joint
work site health and safety committees
32 Written
health and safety policies
33 Code
of practice
34 Acceptances
35 Existence
of imminent danger
36 Where
disciplinary action prohibited
37 Disciplinary
action complaint
38 Board
of inquiry
39 Administration
costs
40 Lieutenant
Governor in Council regulations
40.1 Ministerial orders and codes
40.2 Provisions affecting the regulations and adopted codes
41 Offences
41.1 Additional powers of court to make directions
42 Enforcement
of compliance with order
43 Awarding
of costs
44 Service
of orders
45 Grants
46 Act
binds Crown
47 Transitional - regulations
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “adopted
code” means each code made under section 40.1(1) and adopted under section
40.1(2), including any secondary code adopted or incorporated as referred to in
section 40.1(3), that is relevant to the circumstances in question;
(a.1) “code
of practice” means a code of practice described in section 33;
(b) “contractor”
means a person, partnership or group of persons who, through a contract, an
agreement or ownership, directs the activities of one or more employers
involved in work at a work site;
(c) “controlled
product” means a substance or material designated in the regulations as a
controlled product;
(d) “Council”
means the Occupational Health and Safety Council appointed under section 6;
(e) “designated
substance” means a substance designated in the regulations as a designated
substance;
(f) “Director”
means a Director of Inspection, a Director of Medical Services or a Director of
Occupational Hygiene;
(g) “Director
of Inspection” means a person appointed under section 5 as a Director of
Inspection;
(h) “Director
of Medical Services” means a physician appointed under section 5 as a Director
of Medical Services;
(i) “Director
of Occupational Hygiene” means a person appointed under section 5 as a Director
of Occupational Hygiene;
(j) “disciplinary
action” means an action that adversely affects a worker with respect to terms
or conditions of employment;
(k) “employer”
means
(i) a person who is self‑employed in an occupation,
(ii) a person who employs one or more workers,
(iii) a person designated by an employer as the employer’s
representative, or
(iv) a director or officer of a corporation who oversees the
occupational health and safety of the workers employed by the corporation;
(l) “hazardous
material” means material designated in the regulations as hazardous material;
(m) “hazardous
occupation” means an occupation designated in the regulations as a hazardous
occupation;
(n) “hazardous
work site” means a work site designated in the regulations as a hazardous work
site;
(o) “licence”
means a licence, certificate or permit issued under this Act;
(p) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(q) “new
project” means a project defined in the regulations as a new project for the
purposes of this Act;
(r) “notifiable
disease” means a disease or a state of ill health designated in the regulations
as a notifiable disease;
(s) “occupation”
means every occupation, employment, business, calling or pursuit over which the
Legislature has jurisdiction, except
(i) farming or ranching operations specified in the regulations, and
(ii) work in, to or around a private dwelling or any land used in
connection with the dwelling that is performed by an occupant or owner who
lives in the private dwelling or a household servant of the occupant or owner;
(t) “occupational
disease” means a disease or ill health arising out of and directly related to
an occupation;
(u) “officer”
means a Director or a person appointed under section 5 as an occupational
health and safety officer;
(v) “owner”
in respect of a work site means the person in legal possession of the work site
or, if the person in legal possession does not request the work, the person
with an ownership interest in the work site who requests that the work be done;
(w) “peace
officer” means a member of the Royal Canadian Mounted Police or a member of a
municipal police service;
(x) “prime
contractor” means the prime contractor for a work site referred to in section
3;
(y) “project”
means
(i) the construction, demolition, repair, alteration or removal of a
structure, building, complex, street, road or highway, pipeline, sewage system
or electric, telecommunication or transmission line,
(ii) the digging of, working in or filling of a trench, excavation,
shaft or tunnel,
(iii) the installation, modification, repair or removal of any
equipment, machinery or plant,
(iv) the operation of a manufacturing, industrial or other process, or
(v) any work designated by a Director of Inspection or a Director of
Occupational Hygiene as a project;
(z) “qualifications
board” means a qualifications board established under the regulations;
(aa) “supplier”
means a person who rents, leases, erects, installs or provides any tools,
appliances or equipment or who sells or otherwise provides any designated
substance or hazardous material to be used by a worker in respect of any
occupation, project or work site;
(aa.1) “the
regulations” means the regulations under section 40(1);
(bb) “worker”
means a person engaged in an occupation;
(cc) “work site” means a location where a worker
is, or is likely to be, engaged in any occupation and includes any vehicle or
mobile equipment used by a worker in an occupation.
RSA 2000 cO‑2
s1;2002 c31 s2
Obligations of
employers, workers, etc.
2(1) Every employer shall ensure, as far as it is
reasonably practicable for the employer to do so,
(a) the
health and safety of
(i) workers engaged in the work of that employer, and
(ii) those workers not engaged in the work of that employer but
present at the work site at which that work is being carried out, and
(b) that
the workers engaged in the work of that employer are aware of their
responsibilities and duties under this Act, the regulations and the adopted
code.
(2) Every
worker shall, while engaged in an occupation,
(a) take
reasonable care to protect the health and safety of the worker and of other
workers present while the worker is working, and
(b) co‑operate
with the worker’s employer for the purposes of protecting the health and safety
of
(i) the worker,
(ii) other workers engaged in the work of the employer, and
(iii) other workers not engaged in the work of that employer but
present at the work site at which that work is being carried out.
(3) Every
supplier shall ensure, as far as it is reasonably practicable for the supplier
to do so, that any tool, appliance or equipment that the supplier supplies is
in safe operating condition.
(4) Every
supplier shall ensure that any tool, appliance, equipment, designated substance
or hazardous material that the supplier supplies complies with this Act, the
regulations and the adopted code.
(5) Every contractor who directs the activities of
an employer involved in work at a work site shall ensure, as far as it is
reasonably practicable to do so, that the employer complies with this Act, the
regulations and the adopted code in respect of that work site.
RSA 2000 cO‑2
s2;2002 c31 s3
Prime contractor
3(1) Every work site must have a prime contractor if
there are 2 or more employers involved in work at the work site at the same
time.
(2) The
prime contractor for a work site is
(a) the
contractor, employer or other person who enters into an agreement with the
owner of the work site to be the prime contractor, or
(b) if
no agreement has been made or if no agreement is in force, the owner of the
work site.
(3) If
a work site is required to have a prime contractor under subsection (1), the
prime contractor shall ensure, as far as it is reasonably practicable to do so,
that this Act and the regulations are complied with in respect of the work
site.
(4) One of the ways in which a prime contractor of
a work site may meet the obligation under subsection (3) is for the prime
contractor to do everything that is reasonably practicable to establish and
maintain a system or process that will ensure compliance with this Act and the
regulations in respect of the work site.
1994 c43 s4
Multiple obligations
4(1) In this section, “function” means the function
of prime contractor, contractor, employer, supplier or worker.
(2) If a person has 2 or more functions under this
Act in respect of one work site, the person must meet the obligations of each
function.
1994 c43 s4
Staff
5(1) In accordance with the Public Service Act, there may be appointed one or more Directors of
Inspection, Directors of Medical Services, Directors of Occupational Hygiene,
occupational health and safety officers and any other employees necessary for
the administration of this Act.
(2) The
Minister may, in writing, designate
(a) any
employee of the Government as a person who may perform all or part of the
duties and responsibilities of a Director of Inspection, a Director of
Occupational Hygiene or an officer, or
(b) any physician employed by the Government or
any other physician as a person who may perform all or part of the duties and
responsibilities of a Director of Medical Services.
RSA 1980 cO‑2
s3;RSA 1980 c15(Supp) s4;
1983 c39 ss4,19;1994 c43 s5
Occupational Health and
Safety Council
6(1) There is to be a council called the
“Occupational Health and Safety Council” that shall consist of not more than 12
persons appointed by the Lieutenant Governor in Council.
(2) The
Minister may designate one of the members of the Council as chair and one or
more of the members of the Council as vice‑chairs.
(3) The
members of the Council shall be appointed for terms not exceeding 3 years.
(4) On
the expiration of a member’s term of office, that member of the Council may be
reappointed.
(5) The
members of the Council shall be paid
(a) any
remuneration that the Lieutenant Governor in Council may prescribe, and
(b) their reasonable travelling and living
expenses while absent from their ordinary places of residence and in the course
of their duties as members of the Council.
RSA 1980 cO‑2
s4;1983 cL‑10.1 s57
Duties of Council
7 The Council shall
(a) advise
the Minister on matters concerning this Act, the regulations and the adopted
codes and potential changes to them, and the regulations and on matters
concerning the health and safety of workers;
(b) hear
appeals in accordance with this Act;
(c) perform any duties and functions assigned to
it by the Minister with respect to the administration of this Act, the
regulations and the adopted codes.
RSA 2000 cO‑2
s7;2002 c31 s4
Inspection
8(1) For the purposes of this Act, an officer may
(a) at
any reasonable hour enter into or on any work site and inspect that work site;
(b) subject
to subsection (2), require the production of any records, books, plans or other
documents that relate to the health or safety of workers and may examine them,
make copies of them or remove them temporarily for the purpose of making
copies;
(c) inspect,
seize or take samples of any material, product, tool, appliance or equipment
being produced, used or found in or on the work site that is being inspected;
(d) make
tests and take photographs or recordings in respect of any work site;
(e) interview
and obtain statements from persons at the work site.
(2) Only
a Director of Medical Services or a person authorized in writing by the Director
may require the production of, or examine and make copies of, medical reports
or records or remove them temporarily for the purpose of making copies.
(3) When
an officer
(a) removes
any records, books, plans or other documents under subsection (1)(b), the
officer shall
(i) give to the person from whom those items were taken a receipt for
them, and
(ii) forthwith make copies of, take photographs of or otherwise record
those items and forthwith return them to the person to whom the receipt was
given,
or
(b) seizes
or takes samples of any material, product, tool, appliance or equipment under
subsection (1)(c), the officer shall
(i) give to the person from whom those items were seized or taken a
receipt for them, and
(ii) on that person’s request, return those items to that person when
they have served the purposes for which they were seized or taken.
(4) If
a person refuses to allow an officer to exercise any powers under subsection
(1) or interferes or attempts to interfere with the officer in the exercise of
those powers, a Director of Inspection may apply to the Court of Queen’s Bench
by way of originating notice for an order restraining that person from
preventing or interfering in any manner with the officer in the exercise of
those powers.
(5) A
statement given under this section is not admissible in evidence for any
purpose in a trial, public inquiry under the Fatality Inquiries Act or other proceeding except to prove
(a) non‑compliance
with this section, or
(b) a
contravention of section 41(3)
in an action or proceeding under this Act.
RSA 1980 cO‑2
s6;RSA 1980 c15(Supp) ss5,25;1983 c39 ss5,19
Order to remedy
unhealthy or unsafe conditions
9(1) When an officer is of the opinion that work is
being carried out in a manner that is unhealthy or unsafe to the workers
engaged in the work or present where the work is being carried out, the officer
may in writing order the person responsible for the work being carried out
(a) to
stop the work that is specified in the order, and
(b) to
take measures as specified in the order that are, in the opinion of the
officer, necessary to ensure that the work will be carried out in a healthy and
safe manner,
or either of them,
within the time limits specified in the order.
(2) When
an officer is of the opinion that a person is not complying with this Act, the
regulations or the adopted code, the officer may in writing order that person
to take such measures, within the time limits specified in the order, as the
officer considers necessary to ensure such compliance and specifies in the
order.
(3) Measures
specified in the order referred to in subsection (2), where the order is made
in respect of the failure by a person to comply with section 31(5) or 36, may
require one or more of the following:
(a) that
the disciplinary action cease;
(b) reinstatement
of the worker to the worker’s former employment under the same terms and
conditions under which the worker was formerly employed;
(c) payment
to the worker of money not more than the equivalent of wages that the worker
would have earned if the worker had not been dismissed or had not received
disciplinary action;
(d) removal
of any reprimand or other reference to the matter from the worker’s employment
records.
(4) If the worker has worked elsewhere while the
dismissal or disciplinary action has been in effect, those wages earned
elsewhere shall be deducted from the amount payable to the worker under
subsection (3)(c).
RSA 2000 cO‑2
s9;2002 c31 s5
Danger to persons on
work site
10(1) When an officer is of the opinion that a danger
to the health or safety of a worker exists in respect of that worker’s
employment, the officer may at any time enter into or on any work site and do
any or all of the following:
(a) order
the work or any part of it that is taking place to be stopped forthwith;
(b) order
any worker or other person present to leave the work site forthwith;
(c) in
writing order the prime contractor, the contractor or the employer to take
measures specified by the officer that the officer considers necessary for the
purpose of removing the source of the danger or to protect any person from the
danger.
(2) No
person shall interfere with an officer in the performance of the officer’s
duties under this section.
(3) When requested to do so by an officer, a peace
officer shall assist the officer in carrying out the officer’s duties under
this section.
RSA 1980 cO‑2
s8;RSA 1980 c15(Supp) ss7,25;1994 c43 s6
Order stopping the use
of unsafe tools, appliances, etc.
11(1) When an officer is of the opinion that a tool,
appliance or equipment being used or that may be used by a worker
(a) is
not in safe operating condition, or
(b) does
not comply with the adopted code,
the officer may in
writing order the worker to stop using or to refrain from using that tool,
appliance or equipment.
(2) When
an officer is of the opinion that a supplier is supplying a tool, appliance or
equipment that
(a) is
not in safe operating condition, or
(b) does
not comply with the adopted code,
the officer may in
writing order the supplier to stop supplying that tool, appliance or equipment
for use by any worker.
(3) If
an officer makes an order under this section, the officer may rescind that
order on being satisfied that the tool, appliance or equipment in respect of
which the order was made
(a) has
been repaired or modified so that it is in safe operating condition, or
(b) has
been made to comply with the adopted code,
as the case may be.
RSA 2000 cO‑2
s11;2002 c31 s6
Improper storage and
handling
12(1) When an officer is of the opinion that the
storage, handling or use of a substance or material does not comply with the
adopted code, the officer may in writing order the person responsible for the
storage, handling or use of the substance or material to take the measures specified
in the order that are, in the opinion of the officer, necessary to ensure that
that code is complied with.
(2) When
an officer is of the opinion that a supplier is supplying any substance or
material that does not comply with the adopted code, the officer may in writing
order the supplier to stop supplying that substance or material.
(3) If an officer makes an order under this
section, the officer may in writing rescind that order on being satisfied that
the material or substance is being supplied, stored, handled or used in
compliance with the adopted code.
RSA 2000 cO‑2
s12;2002 c31 s7
Licence
13(1) A licence may be issued in accordance with the
regulations.
(2) A Director may, in accordance with the
regulations, cancel or suspend a licence.
1983 c39 s7
Protection of workers on
a project
14(1) When a person has begun or is about to begin a
project and a Director of Inspection or a Director of Occupational Hygiene is
of the opinion that the health and safety of any worker who is or will be
present at the project is not being or will not be protected, a Director may in
writing order that person to stop that project or to refrain from beginning
that project, as the case may be.
(2) A
Director of Inspection or a Director of Occupational Hygiene shall not rescind
an order made under subsection (1) until the Director is satisfied that the
person to whom the order was made has taken the measures that, in the opinion
of a Director, will protect the health and safety of the workers concerned.
(3) A Director of Inspection or a Director of
Occupational Hygiene may require any person who has begun or is about to begin
a project to furnish to a Director, within the time specified by a Director,
the plans, drawings and specifications that are reasonably necessary for
determining whether the health and safety of the workers concerned is being or
will be protected.
RSA 1980 cO‑2
s10;RSA 1980 c15(Supp) s10;1983 c39 ss19,20
New project
15 A person who intends to begin a new project may
be required to file notice in accordance with the regulations.
1983 c39 s8;1988 c36 s15
Appeal
16(1) A person
(a) to
whom an order is issued under section 9, 10, 11, 12, 14, 25 or 33, or
(b) whose
licence has been cancelled or suspended,
may appeal the order,
cancellation or suspension to the Council.
(2) An
appeal under subsection (1) shall be commenced by serving a notice of the
appeal on a Director of Inspection within 30 days from the date that the order
being appealed from was served on the person making the appeal.
(3) After
considering the matter being appealed, the Council may by order
(a) confirm,
revoke or vary the order being appealed,
(b) confirm
the cancellation or suspension,
(c) reinstate
the cancelled licence, certificate or permit,
(d) substitute
a suspension for a cancellation, or
(e) remove
or vary a suspension.
(4) When
an appeal is made to the Council under subsection (1), the Council shall hear
the appeal and render a decision as soon as practicable.
(5) An
appeal lies to the Court of Queen’s Bench from an order of the Council on a
question of law or a question of jurisdiction and on hearing the matter the
Court may make any order, including the awarding of costs, that the Court
considers proper.
(6) An
appeal under subsection (5) shall be made by way of originating notice within
30 days from the date that the order of the Council is served on the person
appealing the order of the Council.
(7) When
an appeal is commenced under subsection (1), the commencement of that appeal
does not operate as a stay of the order, cancellation or suspension being
appealed from except insofar as the chair or a vice‑chair of the Council
so directs.
(8) When an appeal is commenced under subsection
(5), the commencement of that appeal does not operate as a stay of the order of
the Council being appealed from except insofar as a judge of the Court of
Queen’s Bench so directs.
RSA 1980 cO‑2
s11;RSA 1980 c15(Supp) s11;1983 c39 ss9,19
Hearing of appeal
17(1) When the Council hears appeals under this Act,
it may, at the direction of the chair, sit in one or more divisions and the
divisions may sit simultaneously or at different times.
(2) For
the purpose of hearing appeals under this Act, 3 members constitute a quorum of
the Council or of a division of the Council.
(3) A
division of the Council may exercise and perform all the jurisdiction, powers
and duties of the Council with respect to the hearing of appeals under this Act
and an order of a division is an order of the Council and binds all members of
the Council.
(4) The
chair may designate a member of a division of the Council to preside at any
sitting of a division at which the chair is not present.
(5) When
the Council or a division of the Council is hearing an appeal and one or more
members of the Council or division, as the case may be, do not for any reason
attend on any day or part of a day, the remaining members present may, if they
constitute a quorum under this section, exercise and perform all the
jurisdiction, powers and duties of the Council with respect to that hearing.
(6) A
decision of a majority of the members of the Council or a division of the
Council present and constituting a quorum is the decision of the Council or of
the division and in the event that there is a tie vote the chair or the
presiding member, as the case may be, may cast a 2nd vote.
(7) The Council may establish rules of procedure
respecting the hearing of appeals before it or before a division.
RSA 1980 cO‑2
s12;1988 c36 s4
Serious injuries and
accidents
18(1) If an injury or accident described in
subsection (2) occurs at a work site, the prime contractor or, if there is no
prime contractor, the contractor or employer responsible for that work site
shall notify a Director of Inspection of the time, place and nature of the
injury or accident as soon as possible.
(2) The
injuries and accidents to be reported under subsection (1) are
(a) an
injury or accident that results in death,
(b) an
injury or accident that results in a worker’s being admitted to a hospital for
more than 2 days,
(c) an
unplanned or uncontrolled explosion, fire or flood that causes a serious injury
or that has the potential of causing a serious injury,
(d) the
collapse or upset of a crane, derrick or hoist, or
(e) the
collapse or failure of any component of a building or structure necessary for
the structural integrity of the building or structure.
(3) If
an injury or accident referred to in subsection (2) occurs at a work site or if
any other serious injury or any other accident that has the potential of
causing serious injury to a person occurs at a work site, the prime contractor
or, if there is no prime contractor, the contractor or employer responsible for
that work site shall
(a) carry
out an investigation into the circumstances surrounding the serious injury or
accident,
(b) prepare
a report outlining the circumstances of the serious injury or accident and the
corrective action, if any, undertaken to prevent a recurrence of the serious
injury or accident, and
(c) ensure
that a copy of the report is readily available for inspection by an officer.
(4) The
prime contractor, contractor or employer who prepared the report referred to in
subsection (3) shall retain the report for 2 years after the serious injury or
accident.
(5) A
report prepared under this section is not admissible as evidence for any
purpose in a trial arising out of the serious injury or accident, an
investigation or public inquiry under the Fatality
Inquiries Act or any other action as defined in the Alberta Evidence Act except in a prosecution for perjury or for the
giving of contradictory evidence.
(6) Except
as otherwise directed by a Director of Inspection, an occupational health and
safety officer or a peace officer, a person shall not disturb the scene of an
accident reported under subsection (1) except insofar as is necessary in
(a) attending
to persons injured or killed,
(b) preventing
further injuries, and
(c) protecting property that is endangered as a
result of the accident.
RSA 1980 cO‑2
s13;RSA 1980 c15(Supp) s12;
1983 c39 ss10,19;1994 c43 s7
Investigation of
accident
19(1) If an accident occurs at a work site, an
officer may attend at the scene of the accident and may make any inquiries that
the officer considers necessary to determine the cause of the accident and the
circumstances relating to the accident.
(2) Every
person present at an accident when it occurred or who has information relating
to the accident shall, on the request of an officer, provide to the officer any
information respecting the accident that the officer requests.
(3) An
officer may, for the purposes of determining the cause of the accident, seize
or take samples of any substance, material, product, tool, appliance or
equipment that was present at, involved in or related to the accident.
(4) If
an officer seizes or takes samples of any substance, material, product, tool,
appliance or equipment under subsection (3), the officer shall
(a) give
to the person from whom those items were seized or taken a receipt for those
items, and
(b) on
that person’s request, return those items to that person when those items have
served the purposes for which they were seized or taken.
(5) Any
statement given under this section is not admissible in evidence for any
purpose in a trial, public inquiry under the Fatality Inquiries Act or other proceeding except to prove
(a) non‑compliance
with this section, or
(b) a
contravention of section 41(3)
in an action or
proceeding under this Act.
(6) A peace officer may assist an officer in
carrying out the officer’s duties under this section if the officer so
requests.
RSA 1980 cO‑2
s14;RSA 1980 c15(Supp) s13
Medical examination
20(1) A Director of Medical Services may, for the
purposes of determining
(a) the
extent of any injury suffered by a worker injured in an accident that occurred
in respect of that worker’s occupation, or
(b) whether
a worker is suffering from an occupational disease that is related to that
worker’s occupation,
require that worker to
be medically examined by a Director of Medical Services or by the worker’s
physician.
(2) The employer shall pay for a medical
examination of a worker under subsection (1).
RSA 1980 cO‑2
s15;1983 c39 ss19,20;1988 c36 s5
Time of medical
examination
21(1) A medical examination carried out under section
20 shall, when practicable, be performed during the normal hours of employment
of the worker being examined.
(2) When
a worker examined under section 20
(a) is
examined during the worker’s normal hours of employment, or
(b) spends
time in going to or returning from that examination during the worker’s normal
hours of employment,
the employer of that worker shall not deduct from that
worker any wages, salary or other remuneration or benefits that that worker
would have received for working during those normal hours of employment that
were spent by that worker in being examined or going to or returning from that
examination.
RSA 1980 cO‑2 s16
Notice of findings
22 When a physician, in the course of the
physician’s practice as a physician, finds that a person examined by the
physician is affected with or is suffering from a notifiable disease, the
physician shall, within 7 days after the diagnosis of that disease, notify a
Director of Medical Services in writing of the name, address and place of
employment of that person and the name of the notifiable disease.
RSA 1980 cO‑2
s17;RSA 1980 c15(Supp) s14;1983 c39 s19
Medical report
23(1) A physician who performs or supervises a
medical examination of a worker as required under this Act, the regulations or
the adopted code shall, on the request of a Director of Medical Services,
furnish any medical reports that a Director may require.
(2) A physician, nurse or first aid attendant who
attends a worker who became ill or was injured while engaged in an occupation
shall, on the request of a Director of Medical Services, furnish any reports
that a Director may require.
RSA 2000 cO‑2
s23;2002 c31 s8
Hazards
24(1) If a worker is employed in a hazardous
occupation or at a hazardous work site, a Director of Medical Services may
(a) require
that the worker’s employer shall, within 30 days after the commencement of the
worker’s employment, register with a Director the worker’s name and the
location of the work site where the worker is employed,
(b) require
the worker to have regular medical examinations,
(c) prescribe
the type and frequency of the medical examinations,
(d) prescribe
the form and content of medical records to be compiled with respect to that
worker, and
(e)
