Understanding Alberta's Health and Safety Requirements | CFIB
In Alberta (AB), the Department of Jobs, Economy, Trade and Immigration oversees Occupational Health and Safety (OHS) and enforces the Occupational Health and Safety Act, the Occupational Health and Safety Code, and the Occupational Health and Safety Regulations.
A worker is anyone that is regularly employed full time, part time or seasonal.
Employer’s duties under OHS
To successfully manage safety and health in your workplace, you should first understand that as a business owner, you have obligations under the law. You must ensure:
- The health, safety and welfare of workers and others at the worksite
- That workers are aware of their rights and duties under OHS Act, the regulations and the OHS Code,
- No workers are subjected to or participate in harassment or violence at the work site,
- Workers are supervised by a person who is competent, and familiar with the OHS Act, the regulations and the OHS Code that apply to the work performed at the work site,
- The joint health and safety committee, if there is one, or the health and safety representative, if there is one, complies with all requirements imposed on the joint health and safety committee or the health and safety representative under the OHS Act, the regulations or the OHS Code,
- Health and safety concerns raised by workers, supervisors and the joint health and safety committee, if there is one, or the health and safety representative, if there is one, are resolved in a timely manner.
- Workers are adequately trained in all matters necessary to perform their work in a healthy and safe manner.
- Work is done by a worker who is competent to do the work, or by a worker who is working under the direct supervision of a worker who is competent to do the work.
- Keep readily available information related to work site hazards, controls, work practices and procedures and provide that information to the joint health and safety committee, if there is one, or health and safety representative, if there is one, at the work site, the workers, and the prime contractor, if there is one.
- Current paper or downloaded or stored electronic copies of the OHS Act, the regulations and the OHS Code are readily available for reference by workers, the joint health and safety committee, if there is one, and the health and safety representative, if there is one.
- You cooperate with any person exercising a duty imposed by the OHS Act, the regulations and the OHS Code.
OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment, & Bullying
Orientation & Training
Young Workers
Working Alone
Accessibility
First Aid
Emergencies, Hazards, & Communicable Disease
GHS (WHMIS)
Return to work
OHS POLICY
In Alberta, a health & safety policy is a required part of the health & safety program. A health & safety program is required by employers that have 20 or more workers.
Even if you are not required to have a health and safety program your business would benefit from having a health and safety policy.
The policy should be:
- created in consultation with the Joint Health and Safety Committee, representative or workers.
- written and signed by senior management or business owner.
- posted in a prominent location in the workplace.
You should review the OHS policy whenever job functions and business activities change. Keep your policy current by reviewing at least annually.
The province of Alberta offers a sample OHS policy here.
CFIB members can access a template Health and Safety policy in the Member Portal.
OHS PROGRAM
An Occupational Health and Safety (OHS) Program is required in Alberta when you have 20 or more regularly employed workers.
For employers with multiple work sites, the total number of workers at all works sites count towards the 20 workers.
Under OHS legislation, there are no mandatory elements for the health and safety program. Employers have the flexibility to develop programs that best suit their workplace. Mandatory requirements within OHS legislation, including hazard assessment, health and safety committees and worker training, should be part of a health and safety program.
Guidance on elements that can help form a program can be found in Alberta’s Health and safety programs.
COMMITTEES & REPRESENTATIVES
Health and Safety Representative
In Alberta you are required to have a Health and Safety Representative when you have between 5 and 19 regularly employed workers in your workplace. Regularly employed is not defined as a specific period. Count anyone on the payroll that is reasonably expected to stay employed.
Each workplace should:
- Post the name of the representative in a prominent location
- Ensure the representative is not connected with management
- Ensure the representative is chosen by the workers or union
The representative is responsible for:
- Any function that a Joint Health and Safety Committee (JHSC) may typically do.
- Participating in regular inspections and investigating incidents.
- Making recommendations to the employer to address health and safety issues.
- Encouraging workers to report hazards and concerns to their supervisor.
- Keeping records of any meetings between the representative and employers regarding safety.
Employers can develop and provide health & safety training themselves or use an outside training provider.
Joint Health and Safety Committee
In Alberta you are required to establish a Joint Health and Safety Committee (JHSC) when you have 20 or more regularly employed workers in your workplace. Regularly employed is not defined as a specific period. Count anyone on the payroll that is reasonably expected to stay employed.
Unpaid volunteers are not included in the count of regularly employed workers, for the purposes of determining if a JHSC or HS representative is required. Volunteers are workers with the same rights and protections under OHS legislation. Although they do not count as regularly employed, volunteers can still serve as a JHSC member or an HS representative.
For multi-employer work sites with no prime contractor, a site based JHS committee or representative must be established if the worker number thresholds are met.
For multi-employer work sites with a prime contractor, a site based JHS committee or representative is not required. Instead, prime contractors will be required to coordinate health and safety issues between workers and employers. Prime contractors must also designate a person to ensure cooperation between employers and workers.
The committee needs to:
- Determine the number of members it is to have
- Have at least half of the members be elected by the workers and union
- Have the other half selected by the employer
- Have two co-chairs – one to represent the management and one to represent the workers
- Elected members for a three-year term
- Be paid and given time away from regular duties to fulfill the role of the committee
The JHSC is required to:
- Develop written terms of reference
- Keep a record of and post member names and contact information
- Hold regular meetings
- Record the minutes of every meeting, have the co-chairs sign, and post in a conspicuous location
- Keep the minutes on file at the workplace for at least 2 years
- Participate in regular inspections and investigations of incidents
- Make recommendations to the employer for improvements on health and safety issues
- Encourage workers to first report hazards and concerns to their supervisor
Training
Employers can develop and provide Health & Safety training themselves or use an outside training provider. Employers must ensure Committee members or Representatives are trained in:
- The roles and responsibilities of co-chairs, members and representatives
- Work site party obligations
- Worker’s rights under the OHS Act
More information about JHS Committees and representatives can be found here. And more information about worker representatives can be found here.
POSTERS, SIGNAGE, PRINTABLES
Alberta businesses 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
It is also possible to purchase the OHS Act, Regulations, and Code Handbook.
In addition, employers must post:
- The name of the prime contractor at any work site
- Any order made under the Act to the employer, self-employed person, owner, or prime contractor that is relevant to the work site
- Signs indicating the location of first aid services, equipment and supplies
- Names and contact information of the joint work site health and safety committee members or health and safety representative at every work site
VIOLENCE, HARASSMENT & BULLYING
An employer must develop and implement a violence and harassment prevention plan, in consultation with the Joint Health and Safety Committee/Health and Safety Representative, that includes the following:
- measures to eliminate or control the hazards of violence and harassment to workers;
- procedures to inform workers of the nature and extent of the hazard of violence and harassment, including information related to specific or general threats of violence or harassment that exist or may exist;
- procedures to report violence or harassment;
- procedures to investigate complaints and incidents of violence or harassment;
- commitment to protect the confidentiality of all parties involved in a complaint or incident, except where disclosure is necessary to:
- investigate the complaint or incident, take corrective action, or inform the parties involved in the complaint or incident of the results of the investigation and of any corrective action to be taken to address the complaint or incident,
- inform workers of a specific or general threat of violence or potential violence, or
- required by law.
The violence and harassment prevention plan must be reviewed by the employer, in consultation with the Joint Health and Safety Committee/Health and Safety Representative:
- when an incident of violence or harassment indicates a review is required.
- where there is a change to the work or work site that could affect the potential for violence or harassment to occur.
- if the joint health and safety committee or the health and safety representative requests a review.
- at least every 3 years.
CFIB members can access template Violence and Harassment Prevention Policies in the Member Portal.
ORIENTATION & TRAINING
Employers have a duty to ensure the health and safety of their workers this includes training workers to:
- perform their tasks safely
- use equipment and machinery safely
- use and maintain any personal protective equipment (PPE)
While the training will vary depending on the location, industry, job tasks of the position, there are 3 topics that must always be covered in training:
- Rights and Responsibilities
- Workplace Hazards
- Safe work procedures
For new employees, orientation should include:
- An overview of each task, including any safety precautions and safe work procedures.
- Demonstration of the task, going through the steps slowly.
- Observing workers on the job and checking their progress.
New employees are those new to the workplace, those returning after an extended absence, and those who have moved to a different part of the workplace and will face new hazards.
YOUNG WORKERS
Young workers are defined as workers under 25 years of age.
There are specific employment rules for young workers. Workers aged 14 and under must have parent or guardian permission to work. There are restrictions on when workers under 18 can work. More information can be found on the Alberta Employment Standards page.
The government also has a guide and info-posters relating to young workers that are available for download.
WORKING ALONE
If working alone is necessary, use a buddy system to check in with the worker whenever possible.
The employer should identify risks to the worker when working alone and develop a safe work procedure in consultation with the worker. The employer must set up a communication system, using a reliable communication device, to monitor the worker's safety. The employer must determine how frequently the worker should be monitored based on the risks involved.
Emergency situations should be considered when identifying risks to the worker and the control measures that should be in place.
It is the responsibility of the employer to provide information, instruction, and training to ensure, as far as is reasonably practicable, the safety, health and welfare of the worker. The safe work procedure should be reviewed at least annually, and more often if there is a change in working conditions, or the procedures are not effective.
More information is available on the Working Alone factsheet.
ACCESSIBILITY
There is no specific accessibility legislation in Alberta; however, there are things that can be done to make your business more accessible.
Recommended steps for small businesses:
- Review your premises for physical barriers (entrances, washrooms, aisles).
- Train staff on accessible customer service.
- Develop a process for accommodating employees and customers with disabilities.
FIRST AID
In Alberta, your first aid requirements are based on the level of hazard of your work. The Occupational Health and Safety Code can help you determine your hazard level.
First Aid Kits
Alberta requires all workplaces to follow the CSA Z1220-17 standard for first aid kits. CSA Z1220-17 “First aid kits for the workplace” sets out the type, size (including a contents list) and number of first aid kits required, based on various aspects of the workplace. The definition of a workplace includes a vehicle, boat, or aircraft used by an employer to transport one or more workers.
There are 3 types of kits:
- Personal first aid kits are for workers who work alone, in isolation, or who do not otherwise have readily available access to a workplace first aid kit.
- Basic first aid kits are more common and are suitable for most workplaces with a low-moderate risk work environment.
- Intermediate first aid kits are suitable for workplaces with a higher risk work environment.
Visit CSA Group to purchase a copy or access a free, view-only copy of the standard.
First Aid Providers
The number of first aid trained providers depends on the number of workers during the shift, the type of work you do and the travel time to emergency services.
A list of Alberta’s approved first aid training providers is available here.
Other employer responsibilities
Employers in Alberta must:
- Ensure that first aiders, first aid supplies, equipment, and kits are located at or near the worksite they are intended to serve and readily available
- Provide Signage indicating how to contact first aiders and post the location of supplies
- Ensure an emergency communication system is in place to summon first aiders
- Prepare a transportation plan for ill or injured workers to the nearest healthcare facility
- Record every illness or injury that occurs at the worksite including:
- The name of the worker that has the illness or injury
- A description of the illness or injury
- The first aid given to the worker
- The name and qualifications of the person giving first aid
- The date and time of the illness or injury
- The date and time the illness or injury was reported, or the employer otherwise became aware of the illness or injury
- Where at the work site the illness or injury occurred
- The work-related cause of the illness or injury if any
- Keep the above records for 3 years
You can read more in the Alberta Occupational Health and Safety Code: Part 11 First Aid.
EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE
Alberta’s occupational health and safety laws require all worksites to have an emergency response plan. Part 7 of the Occupational Health and Safety Code sets out employer obligations related to emergencies that require rescue and evacuation.
The emergency response plan should be developed in consultation with the workers, and must:
- identify potential emergencies
- detail procedures for dealing with identified emergencies
- identify location of and operational procedures for emergency equipment and personal protective equipment
- detail the emergency response training requirements
- provide the location and use of emergency facilities
- provide fire protection requirements
- provide alarm and emergency communication requirements
- provide the first aid services required
- detail procedures for rescue and evacuation
- name the designated rescue and evacuation workers.
For more information about your requirements as an employer, please see Alberta’s Emergency Response Planning: An Occupational Health and Safety toolkit.
GHS (WHMIS)
WHMIS (Workplace Hazardous Materials Information System) and GHS (Globally Harmonized System) are world-wide systems providing information on hazardous materials used in the workplace. Employees need to know how to work safely, but that doesn’t necessarily mean you need to implement costly training programs.
You can find information on our website and the Canadian Centre for Occupational Health and Safety website.
RETURN TO WORK
Return to work is a standardized process for when an injured employee is ready to reintegrate back into the workplace. Returning to work is an essential part of the recovery process and can also help limit the impact a workers’ compensation claim has on your business if the injury is received at work.
It is best practice to have a Return-to-Work Policy that clearly lays out the rights and responsibilities of both the employer and employee when injury occurs.
CFIB Article: Return to Work: Be prepared. Save your business
Information and resources are also available on the Workers’ Compensation Board of Alberta website.