Field Law lists labour, employment and occupational health and safety among its practice areas. This guide is our own general overview.
Alberta’s occupational health and safety framework, made up of the Act, the Regulation and the Code, was substantially updated in late 2021. Employers of every size have duties under it, and failures can lead to serious penalties.
Core employer duties
Employers must take reasonable steps to protect the health and safety of workers and others at the worksite. That starts with identifying hazards, assessing the risks and putting controls in place, then training workers and supervising work.
Larger worksites may need a joint health and safety committee or representative, depending on the rules and the size of the workforce.
Worker rights
Workers have the right to know about hazards, to participate in health and safety and to refuse work they reasonably believe is dangerous, without penalty. Employers need a process for handling a refusal properly.
Serious incidents must be reported and investigated, and certain scenes must be preserved.
Enforcement
Inspectors can issue orders, and violations can lead to penalties or prosecution. Employers and their supervisors can be exposed, so documenting due diligence, through policies, training, inspections and corrective action, is an important defence.
Employer safety checklist
- Complete and update hazard assessments for each type of work.
- Document training and toolbox talks.
- Have a written process for work refusals and incident reporting.
- Keep inspection and corrective action records as proof of due diligence.
Firm spotlight: Field Law
Field Law is a western and northern regional business law firm with offices in Edmonton, Calgary and Yellowknife. Its Edmonton office traces its roots to 1915 and a firm called Woods, Sherry, Collison & Field, and its Calgary office to 1921. In 2015 it expanded into Northern Canada and says it became the largest law firm serving the Northwest Territories. See the full Field Law profile. Read more from Field Law’s website.
Frequently asked questions
What law governs workplace safety in Alberta?
The Occupational Health and Safety Act, Regulation and Code.
Do small employers have safety duties?
Yes. All employers have duties, though some requirements depend on size and industry.
Can a worker refuse unsafe work?
Yes, if they reasonably believe it is dangerous, and they are protected from reprisal.
Which incidents must be reported?
Serious incidents as defined in the legislation, which must be reported and investigated.
What is due diligence?
Documented steps an employer took to prevent an incident, which can be an important defence.
General information for readers in Alberta, not legal advice for any specific situation. Laws, thresholds and deadlines change, so confirm current rules with a lawyer before relying on anything above. LawDB is an independent directory and is not affiliated with Field Law; firm details come from the firm’s own published descriptions and public listings.