Occupational Health and Safety Legislation

Occupational Health and Safety Legislation

• Workplace health and safety is a value for organizations, as the cost of on-the-job accidents is high.

British Columbia and Alberta Legislation

• Statutes and regulations address health and safety in British Columbia(BC) and Alberta workplaces
• In BC, the Workers Compensation Act (WCA) part 3 relates to occupational health and safety
• Also in BC, the Occupational Health and Safety Regulation (OHSR) is rules created under the WCA.
• In Alberta, legislation is codified by:
  • Occupational Health and Safety Act (OHSA)
  • Occupational Health and Safety Regulation (OHSR)
  • Occupational Health and Safety Code (OHS Code)
  • Workers' Compensation Act (WCA) and its regulations
• Alberta legislation focuses on promoting healthy workplaces and preventing work-related accidents and diseases.
• In both provinces, the WCA covers compensation and rehabilitation of workers injured or contracting a disease related to the workplace.
• Alberta's OHS Code was updated in March 2023 to be more accessible and current with best practices, strategies, and technologies. This ensures the OHS Code is kept current.

Workplace Accidents on YouTube

• WorkSafeBC in British Columbia posts real-life videos of tragic workplace accidents on YouTube at https://www.youtube.com/user/worksafebc.
• The videos cover workplace incidents and common hazards, including bullying and harassment.

Internal Responsibility System

• Most provinces' health and safety legislation is based on a system of joint responsibility called the internal responsibility system, described as the “people framework” of an effective occupational health and safety management system.
• It's based on the premise that government alone cannot effectively regulate workplace risks.

Joint Health and Safety Committees (JHSCs)

• In the internal responsibility system, Joint Health and Safety Committees (JHSCs) play an important role
• These committees are mandatory in most provinces, including BC and Alberta, in workplaces with 20+ workers, or where required.
• A JHSC is composed of management and worker representatives who exercise specific powers.
• In BC workplaces with 9 to 19 workers, a single worker health and safety representative exercises most of the same powers.
• For Alberta workplaces with 5 to 19 workers, the OHSA allows a single worker representative to perform the JHSC duties, cooperating with an employer representative.
• The BC OHSR and Alberta OHSA give workers the right and responsibility to refuse unsafe work.
• WorkSafeBC officers in British Columbia and occupational health and safety officers in Alberta may be called if workplace parties are unable to resolve an issue.
• Parties who fail to fulfill their obligations are subject to fines.

Coverage

• BC's OHSR and Alberta's OHSA cover most workers and workplaces in the provinces
• In BC, the OHSR will apply to every employer and worker whose occupational health and safety are ordinarily within the jurisdiction of the government.
• "Worker" has a broad definition in the BC WCA and the Alberta OHSA.
• Alberta legislation has specific exclusions for students in unpaid learning activities, and exclusions for owners, family members, or unpaid workers in farm and ranch operations. Those who perform or supply service even with no compensation are still defined as a worker
• Protection extends to anyone paid to perform work or supply services, including independent contractors.

"Workplace" Definition

• For occupational health and safety purposes, workplace is defined broadly in BC WCA as any place where a worker is or is likely to be engaged in any work, including vessels, vehicles or mobile equipment.
• Alberta legislation uses the term "work site," defined in the Alberta OHSA as a place where a worker is or is likely to be engaged in any occupation and includes any vehicle or mobile equipment.
• Workplaces not covered include those under federal jurisdiction subject to the Canada Labour Code or those where work is done by an owner or unpaid occupant.
• Individuals who directly employ workers at their personal residence must be aware of OHS requirements, so for example a nanny is covered by OHS legislation.

Duties of Workplace Parties

• The BC WCA and the Alberta OHSA place duties and accountability on everyone involved in the workplace like employers, contractors, supervisors, owners, suppliers, licensees, officers of a corporation, and workers.
• IN BC, an "owner" includes a tenant, a trustee, a receiver, etc.
• The Alberta defition of “owner” is the person registered under the Land Titles Act as the owner but does not include a person who occupies land or premises used as a private residence unless a business trade or profession is carried on in that premises.
• If OHS legislation is breached, workplace parties can be personally liable and fined for breaching duties.
• In BC, duties are set out in sections 21-30 of the BC WCA.
• In Alberta, duties are set out in sections 3-12 of the Alberta OHSA setting nine areas of responsibilities.

Key Features of Occupational Health and Safety Provisions

• OHS legislation focuses on prevention of workplace accidents and diseases.
• The workplace parties share responsibility and accountability and are best placed to identify and develop solutions
• A framework of general rights and responsibilities is supplemented by industry and hazard-specific regulations.
• "Workers" covered include independent contractors, workers in subtrades, and employees/workers of other employers in the workplace.

Workers' Core Rights:

• Right to participate in identifying and resolving health and safety concerns.
• Right and responsibility to refuse dangerous work.
• Right to know about potential hazards.

Administration

• BC, occupational health and safety is managed by WorkSafeBC, which reports to the minister of labour.
• Alberta, occupational health and safety is managed by the Ministry of Jobs, Economy and Trade.

Employer Duties:

• Comply with the BC WCA or the Alberta OHSA, regulations, and specific orders.
• Ensure workers are aware of health and safety hazards and their rights/duties.
• Prevent workplace harassment/violence.
• Establish compliant health and safety policies/programs.
• Provide and maintain proper protective equipment.
• Provide necessary information, training, and supervision.
• Supervise workers with competent and familiar personnel.
• Post copies of applicable legislation and regulations.
• Help JHSCs and health/safety representatives carry out duties.
• Cooperate with WorkSafeBC and Alberta workplace health/safety officers.
• Refuse employment to underage workers, where age requirements depend on the workplace
  • 16 to work on construction or logging project
  • 15 to work in a factory,
  • 14 to work elsewhere
• Keep accurate records of regulated agents.
• Report accidents, injury, or illness.

Workers' Duties:

• Comply with statutes and regulations.
• Refrain from harassment/violence.
• Participate in training.
• Use required equipment, protective devices, or clothing.
• Report missing/defective equipment and, in BC, report proposed changes to equipment/machinery.
• Report workplace hazards.
• Refuse dangerous horseplay or similar conduct, ensure fitness to work, and cooperate with health and safety initiatives.

Employer Response to Safety Violations

• Employers must address employee non-compliance with health and safety requirements.
• Serious breaches may warrant stricter corrective action.
• The North American Mining Inc case highlights consistent disciplinary actions.

Employee Dismissal Based on Tampering with Seat Belt

• In the North American Mining Inc v International Union of Operating Engineers case, an employee was dismissed after tampering with a seat belt.
• The arbitrator initially considered upholding the dismissal but determined that the penalty was too severe because of the disparity of treatment between that employee and another one.
• Financial restitution was ordered instead.

Supervisor's Duties

• BC Occupational Health and Safety Regulation applies to employers, workers and other persons including supervisors, prime contractors, owners, suppliers, and officers of a corporation.
• Supervisors must ensure health and safety, be knowledgeable about the WCA, comply with regulations/orders, ensure awareness of hazards, and cooperate with JHSCs.
• Alberta, every supervisor must:
  • Take all precautions to protect worker safety, ensure compliance with regulations and advise on hazards
  • Must also report any concerns to the employer.
• An individual need not have the title “supervisor” or “manager” to be a supervisor.
• A lead hand who is covered by a collective agreement may qualify if they have supervisory functions.

Prime Contractor Responsibilities

• Section 24 of the BC WCA and section 10 of the Alberta OHSA make reference to obligations for a prime contractor
• In Alberta, every worksite with 2 or more employers must have a prime contractor, pursuant to s 10(1)
• The directing contractor is called the prime contractor at workplaces where workers of two or more employers are working at the same time
• The prime contractor coordinates activities related to occupational health and safety

Duties of Owners

• Ensuring the health and safety through premises maintenance.
• Providing necessary information for hazard identification.
• Complying with relevant regulations and orders.

Suppliers' Duties

• Suppliers must ensure workplace tools/equipment are in good condition and comply with regulations.

Corporate Officers Responsibilities

• Corporate officers and directors must reasonably ensure company compliance with health and safety regulations
• Legislation encourages senior management to take safety seriously.

Workers' Rights:

• Right to participate in health and safety processes/representation
• Right to refuse unsafe work
• Right to be informed about workplace hazards.

JHSC and Health and Safety Representatives Responsibilities

• Division 5 of the BC WCA and section 13 of the Alberta OHSA sets out regulations around a JHSC
• The JHSC meets regularly to discuss health and safety concerns, review progress, and give recommendations, also can't interfere with worker health and safety representatives
• The union selects a representative when workers are unionized

Structure of the JHSC

• In BC, JHSC with 20 or more workers must have at least 4 members.
• Alberta, the employer determines how many members are needed.
• Workers must be employed in the workplace covered by the JHSC. BC allows management members to be chosen from another of the employer’s workplaces if there are no managerial employees at the workplace covered by the JHSC.

JHSC Members

• At least half of the JHSC members must be worker representatives selected by the workers
• Must be co-chaired with one member selected by the worker representatives, and one management representative.
• There is no maximum number of members
• Their names and work locations must be posted conspicuously
• A copy of the report must be available for employers

JHSC Meetings are Essential

• In BC, JHSC must meet at the workplace once each month, unless ordered by a regulation or order
• In Alberta, JHSC determines its own meeting frequency, unless required by a special meeting from an OHS officer
• Employers must give JHSC members time to prepare, pay them for meetings, and other duties during working hours

JHSC Educational Leave

• BC, all JHSC members are entitled to annual educational leave to attend occupational health and safety courses if necessary.
• Alberta, the employer is simply required to ensure the trained.

The JHSC's Role

• spot workplace dangers, and look for solutions to safety problems
• obtain information on hazardous and safety experience
• review the employers documentation, and hazard and safety assessments
• give advice on implementing effective systems for responding to such situations.

When JHSC Recommended

• Although an employer need not comply with JHSC recommendations, it must respond to any written

Duty to Refuse Unsafe Work

• Under section 3.12 of the BC OHSR and section 31 of the Alberta OHSA, every worker has the right to refuse unsafe work.
• The right is restricted in certain occupations or situations, such as it represents inherent danger in a job like police officer or firefighter
• In BC, any worker may refuse work when they have reasonable cause to believe that:
• the equipment they are to use,
• the physical condition of the workplace, or
• a contravention of the legislation relating to the equipment or workplace would “create an undue hazard to the health and safety of any person” (s 3.12 of the OHSR).
• In Alberta, section 17 of the OHSA establishes a worker’s right to refuse work where the worker believes, on reasonable grounds, that there is an undue hazard at the site or that the work constitutes an undue hazard to the worker’s health and safety or to the health and safety of another worker.

Fougere v Alberta

• Employers are prohibited from retaliating against an employee who refuses work
• However, it is imperative the employee clearly state that they are refusing.

Employee Obligated to state OHS concerns

• an employee refused to enter a confined space, saying it was due claustrophobia

Co-Worker With COVID-19 Justifies Work Refusal Case

• A2300736 (Re), 2024 CanLII 22783 (BC WCAT)
• In a Co-Worker With COVID-19 case, it was conceded that it's not relevant whether the employee was actually safe or unsafe but whether:
• The worker had a reasonable belief when reporting the safety issue and the employer failed to properly conduct further investigation or notify WorkSafeBC if the employee does not agree

Stages of Refusal

• a worker must suffer negative employment consequences as described in section 47 of the OHSA
• Secondly, That worker must have engaged in the safety activities protected under section 48 of the Act.
• There must be a casual connection between the negative employment consequence and the safety activity in question to be a prohibited action

Unsafe Work Stages of Refusal

• Initially, any BC Worker has the right to refuse work if they believe that their work creates a hazard
• The supervisor or employer must investigate to make sure it's remedied
• Secondly, if BC, and the worker is legitimately unsatisfied, they have to conduct a further investigation, involving a JHSC
• No second step in Alberta -The inspecting officer must investigate and provide a record
  • Provide a record to the:
    • employer and the JHSC
    • worker -This should include:
    • the cause of the work refusal -the findings -what was done in response
• Thirdly, the supervisor, employer, and worker BC,
  • person “must investigate the matter without undue delay” and then issue whatever order is necessary. -The perceived workplace hazard will be removed or rectified -or the worker will be asked to resume their duties.

Limits to Right

• In BC and Alberta the worker needs to remain near their workstation
  • There will be no loss of pay for alternative work until the matter is resolved.
  • If the parties don't agree, the matter must be appealed

Due Process

• Employees cannot refuse work to pressure union collective bargaining, there has to close relationship to be dangerous with some honest, proven belief

Workplace

• Section 6 for Alberta gives all general supplier to prevent providing safe environment

WHMIS details

• Section 5.3 makes certain products are controlled within a safe environment and 5.18 of the OHSA

Alberta OHS code

• Part 2 details that employers keep a record report to control eliminate hazards Part 4 also mentions schedules and schedules for OHS as well

OHSA Rules

• 4 things that employers must do is:
  • Prepare and maintain an inventory of hazardous materials
  • labels -Product safety data sheets
  • Training -This all should be in English as well

Violence and Harassment

• Violence means the threatened, attempted, or actual conduct of a person that causes or is likely to cause physical or psychological injury
• Harassment is any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying, or action by a person
• Excludes reasonable conduct of an employer or supervisor to manage the workplace. The philosophy of the OHS Code regarding violence and harassment is that prevention is preferable to intervention.

For the Alberta employer has the duty to:

• Train workers on recognizing violence and harassment policies and procedures In BC, a BC employer has a further obligation to develop a policy and procedures -instruct workers in how to recognize workplace violence -communicate the organization's policy
• BC has expanded obligations to help Banning all high hells, and ensure the general clothing is not uncomfortable

Injury reporting

• In BC, Workers compensation is mandated to know as soon as practicable of these measures after an incident:
  • a first aid attendant recommended that an employee seek medical treatment
  • the injury required medical treatment or the employee received medical treatment
  • the employee is unable to work after the injury, or Workplace Hazardous Materials

Accident investigation

• An OHS can file fines to any from 10-500k and a violation
• They arrange medical first aid and lock down and secure, it as needed

Employer Fined for Failing in Alberta

• Westcon should have not only a cage but ensured the worker was free and clear of drug impairments

Alberta OHS Code

• Part 28 , section 393 of the Alberta OHS Code detail that a worker should get help readibly, and will other person assist

Liability of Organization

• Individuals can be criminally active but the new law is based on many workers and senior levels accountable.
• Fines and punishment, can be a person put in jail, with now 100 k in fines, now there is also life in jail.
• factors, include if what was the injuries cause and how was pre medicatiated

OHS Legislation Learning Outcomes

• Understand the internal responsibility system underlying health and safety legislation in British Columbia and Alberta.
• Outline the health and safety duties of workplace parties.
• Identify worker rights under workers’ compensation legislation in BC and occupational health and safety legislation (OHS legislation) in Alberta, including refusal of unsafe work, participation through the joint health and safety committee, and knowledge of workplace hazards.
• Understand the legal requirements surrounding workplace violence and harassment.
• State accident-reporting requirements under the health and safety legislation of BC and Alberta.
• Explain the administration and enforcement of legislation and regulations and the test of due diligence.
• Identify provisions in the Criminal Code related to the employer’s health and safety obligations.

Lonkar Well Testing Duties

• it was sufficiant that Lonkar had foreseen a hazard and trained workers

Employee Dismissal Case Study

• An employee was dismissed because they were in violation of safety rules
• wide diparity persuded the dismissal was too severe
• Financial restitution was ordered instead.

Supervisor's Duties

• BC Occupational Health and Safety Regulation applies to all employers, workers, and “all other persons working in or contributing to the production of any industry within the scope of Part 2 of the Workers Compensation Act” (s 2.1 of the OHSR). These “other persons” include supervisors, prime contractors, owners, suppliers, and directors and officers of a corporation. The duties of supervisors are spelled out in section 23 of the WCA
• In Alberta, section 4 of the OHSA mandates the supervisor to take necessary precautions to protect worker safety, ensure regulation compliance, advise on hazards, and report concerns to the employer. Also every supervisor must ensure is complied with to do so
• An individual need not have the title “supervisor” or “manager” to be a supervisor and a "lead hand" who is covered by an agreement with qualifying

Prime Contractors’ Duties

• Section 24 of the BC WCA makes reference to obligations of a "prime contractor". Also Section 10 of the Alberta OHSA
• Every worksite with two or more employers involved must have a "prime contractor"
• Duties include ensuring occupational health/safeties is coorindatated. Doing eveything to maintain a a system towards the law

Owners

• Providing/ Maintaining safe at all
• Providing information / help
• Obeying applicable orders

Suppliers

• Is in good condition and with the WCA Regulations

Corporate and Officers

• To help ensure safeness by the WCA

WorkSafe Details

• Workers will have to paricipate, refuse unsafe, as well in knowledge based.

Structure of HOHSC

• A jHSC with 4 or more people, or in the Alberta side, the employer makes it
• must be in jHsc and there has tobe multiple managment
• Can be a workers rep, also has to co chained to be equal

Workers

• Is not absolute but with great communication and respect with safe issues. If needed can get fined

4 Steps

• A workers has to have the consequence for a safe environment
• protected under sec
• Casusal
• if not safe to move back

Duty of Refusal

• Every workers HAS to

Fougere v alberta details

• The Fougere v Alberta case shows the point is for employers to help stop retaliation by refusal, still

Right To report what going on

• In BC, every person in the WCA Is for safety and is not safe in the area with reasonable time

Other cases with the issue of workers and employees at a unsafe environment

• The employee cannot just complain and complain the right in a legal sense

WHIMIS

• The national system of products where safety has to make sense, and has to be to be uniform

4 Steps for employers to help to keep safe

• All has to be in English

Workplace violence

• A set of violent steps will be met to prevent.

What to get from the list

• All list on how the employer was bad based on the employee

In this case

• Will result with everything listed with a violation

Section 73

= Everything here with the time and how safe and secured

2023 in Alberta the rate has greatly improved

Safety First

• The trial should have helped. The workers. Safety and health

Workers in safety

• Has to be to do a dangerous and safe to work

High heels are not ok.