Workplace Health and Safety Legislation

Workplace health and safety should be just a priority, not necessarily embedded in the company culture.

In British Columbia, WorkSafeBC uses physical letters and pamphlets to reach cyber-savvy youth.

The Alberta Occupational Health and Safety Act (OHSA) is identical to the British Columbia Workers Compensation Act (WCA).

The internal responsibility system emphasizes government regulation as the most effective means to manage workplace risks.

In British Columbia and Alberta, Joint Health and Safety Committees (JHSCs) are mandatory in all workplaces, regardless of the number of workers.

In British Columbia, a single worker health and safety representative exercises similar powers as a JHSC in workplaces with 9 to 19 workers.

Workers in both British Columbia and Alberta have the right to refuse unsafe work, as well as the responsibility to do so.

The definitions of 'worker' and 'workplace' are narrowly defined in occupational health and safety legislation to only include traditional employees and fixed work locations.

The OHS Code is designed to address workplace accidents once they have occurred.

The BC WCA and the Alberta OHSA place duties and impose accountability on only employers, not workers.

Under the workers compensation act, the worker can only receive medical benefits for a certain time period of treatment.

Under the BC Workers Compensation Act and the Alberta Occupational Health and Safety Act, workers have the core right to know about potential hazards to which they may be exposed.

In British Columbia, the workers' compensation board does business as SafeWorkBC.

Under the BC WCA and the Alberta OHSA, employers have a duty to protect only their employees, not other workers present at the workplace.

Minimum age requirements to be employed are the same across all industries and workplaces.

Under the BC WCA, workers do not have a duty to comply with the statutes and their regulations.

In Alberta, 18 charges were filed against workers who did not comply to OHS legislation

Workers who tamper with safety equipment or commit other serious breaches may be subject to significant discipline.

Under the BC Occupational Health and Safety Regulation, supervisors have a duty to be knowledgeable about the WCA and its Regulations as they apply to the work being supervised.

In Alberta, supervisors do not have a legal duty to advise workers of all known or reasonably foreseeable hazards to health and safety.

In Alberta, a prime contractor is required at every worksite with two or more employers involved in work at the site.

Suppliers of workplace equipment in British Columbia do not have a legal responsibility regarding the equipment's condition.

Corporate directors have some responsibility, but are largely exempt when officers are found negligent and it is a clear accident.

Every JHSC in British Columbia must meet at the workplace at least once per week.

The OHS investigates and has the final say in whether a worker’s reason for feeling that the site was unsafe is claustrophobia or a legitimate worry about the site.

JHSCs should refrain from obtaining health and safety experience and standards information from similar workplaces of which the employer is aware.

In BC, every worker has right to refuse unsafe work but no corresponding duty to do so.

In British Columbia, during the third stage of refusing unsafe work, the supervisor or employer and the worker must immediately contact a personal friend of the worker to act as an officer of WorkSafeBC.

In exercising the right to refuse unsafe work, the worker will likely endure a financial penalty or job consequences if they do not return to work in a relatively short time period.

Employers always have the right to penalize a worker for any way for exercising their rights or carrying out any duty under the BC OHSR or Alberta OHSA, to ensure work is being completed.

An employee can refuse to perform other work of lesser hazard if they are reasonably confident that the alternative work is still unsafe.

In British Columbia, an employer may face substantial penalties for failing to comply to implement proper PPE, provide safety information or training even if no one was actually harmed.

Designated substances provisions in occupational health and safety legislation focus primarily on psychological hazards in the workplace.

WHMIS, Canada's first “right to know” legislation, was designed to make workers liable for workplace hazards

Under WHMIS, employers must maintain an inventory of hazardous materials, but do not need to label them in any way.

Employers are obliged to implement policies to eliminate the hazard of workplace violence, but are rarely obliged to take action when violence does occur.

A worker is not working alone provided they have a direct phone to a dispatch worker, regardless of that worker’s willingness or awareness of the working conditions.

Employers must offer hand sanitizer and implement social distancing before determining essential or not.

Despite its importance, knowledge of both BC and Alberta OHS sections can be excused by employers as simply too granular to learn on all points.

The defense of due diligence requires an employer to anticipate and solve every possible problem in advance of it arising.

In British Columbia, a single worker health and safety representative exercises the same powers as a joint health and safety committee in workplaces with 3 to 8 workers.

Both the BC WCA and the Alberta OHSA explicitly state that employers must have policies and programs in compliance with the regulations and codes.

In both BC and Alberta, the law specifies that penalties for violating occupational health and safety provisions can only include fines or imprisonment, but not both.

According to the OHSA in Alberta, a worker's right to refuse unsafe work only applies if it involves the use of faulty equipment in the workplace.

Alberta’s OHS Code stipulates that employers must assess hazards at the workplace at reasonably practicable intervals to maintain safe working conditions and prevent unhealthy working conditions.

WorkSafeBC posts real life videos of tragic workplace accidents on YouTube to reach cyber-savvy youth in Manitoba.

The Workers Compensation Act in British Columbia only addresses worker compensation, not occupational health and safety.

In Alberta, the Occupational Health and Safety Code is updated annually to reflect current best practices and technologies.

The internal responsibility system suggests that government alone is responsible for regulating all workplace risks.

Joint health and safety committees (JHSCs) are mandatory in all Canadian workplaces, regardless of the number of workers.

In Alberta, a single worker health and safety representative exercises the same powers as a JHSC in workplaces with between 5 and 19 workers.

In British Columbia, WorkSafeBC officers are called in where workplace parties are unable to resolve an issue.

According to Alberta's OHSA, students engaged in unpaid learning activities within educational institutions are covered under the legislation.

In British Columbia, anyone paid to perform work or supply services, including an independent contractor, is protected under OHS legislation.

The term “work site” is exclusively used in British Columbia.

In British Columbia, an 'owner' in the context of workplace duties excludes a tenant or occupier of the land.

In Alberta, an owner is defined as the person registered under the Land Titles Act as the owner of the land, or the person responsible for meeting the owner's obligations, but includes someone using the land as a private residence.

OHS legislation primarily focuses on compensating workers after workplace incidents rather than preventing accidents.

The worker's right to know only extends to training through WHMIS in Alberta

In BC, occupational health and safety is administered by the Ministry of Jobs, Economy and Trade.

Under both the BC WCA and the Alberta OHSA, employers are only responsible for the safety of their own workers, not other workers present at the workplace.

All workers, regardless of age, can be employed in any workplace as long as they receive proper supervision.

In cases where a worker violates the WCA or OHSA, employers are exempt from any responsibility if they effectively address the non-compliance.

A worker who refuses work due to claustrophobia, rather than safety concerns is protected under OHS legislation.

An employer's consistent enforcement of safety rules is not a relevant factor in determining the disciplinary action for workers who intentionally disable safety devices.

Under Supervisor's Duties within The BC Occupational Health and Safety Regulation includes The duties of supervisors are spelled out in section 23 of the WCA and they include: Ensuring the health and safety of all workers under their supervision.

In Alberta, supervisors are not required to advise workers of known or foreseeable hazards.

An individual must hold the title 'supervisor' to be considered a supervisor under OHS legislation.

Prime contractors' duties within the Alberta OHSA means they are exempt from ensuring that the activities of all parties at the workplace that relate to occupational health and safety are coordinated.

In BC, suppliers of workplace equipment must only ensure that the equipment is in good condition at the time of sale.

Corporate officers and directors face no direct legal duties under OHS legislation; their responsibilities are solely those of the company itself.

In BC, both management and worker members of the JHSC can be chosen from another of the employer's workplaces.

In Alberta, there is no set requirement for the employer to ensurse JHSC members are trained.

A JHSC must comply with all recommendations that are written.

There is no equivalent to the second stage of refusal and therefore if workers belive and undue hazard still existsts or that carrying out the work would create an imminent danger, they would proceed directly to filing a complaint with an occupational health and safety officer

In both BC and Alberta, if an officer finds the situation unsafe, they may issue an order requiring the employer to take the necessary corrective measures, there are no appeals that can be made.

In Alberta, a non-unionized worker has 365 days to file a compliant.

The BC OHSR and Alberta OHS Code include detailed safety regulations for the workplace that are rarely amended.

The 2017 amendment by the BC government permitted employers to require employees to wear high-heeled shoes.

In the case of occupational disease, the worker (or their surviving dependant) must provide all information as soon as possible after learning of its occurrence and this is part 8, division 10 of the BC WCA

In the case of a serious accident or injury, the employer should ensure that no one tampers with the scene and in Alberta, fines for first-time violation of the OHSA can range from $50,000 to $1,000,000 in particularly egregious cases.

In regards to inspections, it is good idea for a senior manager to accompany the inspector during the inspection to explain health and safety efforts and obtain feedback for the employers benefit.

In BC, sections 90 and 91 of the WCA authorize WorkSafeBC to order that work at all or any part of a workplace come to a stop until the stop-work order is cancelled by WorkSafeBC, and this can include multiple workplace locations. Such orders will be made whenever WorkSafeBC has “reasonable grounds for believing there is a risk of serious injury, serious illness or death to a worker in the workplace.”

Alberta's OHSA specifically addresses due diligence.

Offences under the BC WCA and the Alberta OHSA, OHS Code, and Regulations are strict liability offences, proving the employer intended to violate the regulation.

A Joint Health and Safety Committee (JHSC) is mandatory in all workplaces with 15 or more workers.

In British Columbia, Workers' Compensation Board (WorkSafeBC) officers may be called in where workplace parties are unable to resolve an issue.

The Alberta OHSA defines a worker as a person engaged in an occupation, including someone performing services without compensation for an organization.

In the event of a worker's refusal of unsafe work, the employer is permitted to assign the task to another worker without informing them of the refusal and reasons.

Under WHMIS guidelines, employers must ensure that hazardous materials in the workplace are labeled solely with the supplier's label, without the option of a workplace label.

The legal framework of OHS implicitly suggests that governmental bodies possess the exclusive regulatory capacity to mitigate all potential workplace hazards.

WorkSafeBC is responsible for administering and reporting occupational health and safety findings to the Minister of Advanced Education and Skills Training.

An employer's duty to protect health and safety extends only to direct employees, excluding independent contractors or sub-trades.

A 'strict liability offense' necessitates that the ministry demonstrates the party knowingly or negligently violated legislation to secure conviction.

In British Columbia, the WCA mandates employers to post a copy of the WCA and Regulations only if requested by a majority vote of employees.

The “due diligence defense”, as it pertains to OHS violations, is exclusively codified in provincial statutes and is not recognized under common law principles.

The Alberta OHS Code stipulates that the frequency of JHSC meetings is determined by the Ministry of Jobs, Economy and Trade to ensure regulatory oversight.

Under no circumstances may a worker be delegated to perform tasks beyond the removal of the initial 12 bolts in preparing equipment while awaiting experts.

According to Alberta OHS legislation, an employer's responsibilities for worker safety are satisfied upon articulating the potential for death resulting from not following instructions.

The legislation in BC mandates that JHSCs must include at least one management representative, irrespective of the number of workers.

In regards to workplace safety, an employer's responsibilities are negated when a worker deviates from explicit instructions, especially when the employer has taken precautions.

Fougere's plea of work refusal was substantiated only when they explicitly outlined their apprehension of an impending, unsafe condition to each attending official.

If an employer sends a worker home while awaiting the results of investigation of an unsafe work environment, they may do so as long as it doesn't violate or appear like a form of reprisal.

If JHSC recommendations are presented in writing, employers must adhere to each provision, thereby affirming the committee's legal authority.

In Alberta, during a work refusal, workers directly file complaints to an occupational health and safety officer, foregoing any prior internal investigation.

Under OHS legislation, employers must always ensure that workers are protected from all potential hazards. There are no instances where worker action are outside of the regulations of the employer.

Under the Safety and Health Act, any work-related activities that pose a remote or unreasonable possibility to any employee's safety shall be ceased pending official certification of workplace order.

Under the regulations of Alberta, an employer's obligations for safety of their workers are absolved upon the worker's demonstration of relevant safety training.

Alberta's OHS requirements mandate that training on a company's workplace violence policies encompasses strategies for recognizing violence and appropriate methods to procure help.

The Worker Compensation Act stipulates the specific conditions under which worker accidents, injuries or illnesses resulting from exposure to biological, chemical, or environmental factors must be accounted and recorded for.

The intent of the occupational health and safety legislation is to foster a shared responsibility and accountability among workplace parties, not merely emphasize government supervision.

In BC and Alberta, workers are given the unfettered right to refuse any work they deem unsafe, without limitation or consideration for specific occupational exceptions.

Under section 3(2) of the Alberta OHS legislation, employers are obliged to supply a thorough education that enables their employees to execute their task in an environment that is both healthy and safe, but this excludes the right to know about potential hazards.

Alberta, like other Canadian provinces, has exclusively adopted the 'controlled product' designation within their OHS Code, eliminating any parallel terminology.

Alberta OHS Code prescribes that employers must perform hazard assessments only when they have reason to suspect unsafe working environments.

An employer is obligated to grant each JHSC member in British Columbia an eight-hour annual educational leave to pursue health and safety training courses, or longer is necessary.

According to the legislative framework for Workplace Hazardous Materials Information System, concerns about divulging confidential trade secrets in the SDS cannot be overruled in medical emergencies.

Across all Canadian provinces, employee claims of perceived mistreatment are legally sufficient to justify actions against their employers.

Following the line of reasoning provided in RJR-MacDonald Inc v Canada (AG) (1994), the three-part test is satisfied when harm is only economical, because no amount of money can account for lost clients.

Under OHS regulations, the employer is required to demonstrate their employee's safety in all situations and need not demonstrate that a worker's unauthorized actions resulted in said unsafety.

Given the detail present in the BC OHSR codes, employers failing to meet these criteria will be excused should they not have the resources to fulfill said parameters.

As of 2023, fewer than half of total fatalities within work environments were those related to occupational diseases, showing improvements in the handling and prevention of such circumstances.

The legislative amendments, enacted in light of the Westray disaster in Nova Scotia, hold both the organization and any combined impacts of action from implicated parties liable.

According to the legislation in British Columbia, anyone—even those without decision-making power—can be charged with occupational health and safety violations.

During a workplace inspection, the Alberta OHSA grants inspectors unrestricted access to any area, including those designated as personal dwellings, to ensure full compliance with safety regulations.

In Alberta, all JHSCs are co-chaired by one member picked by representatives of the workers and one picked by the administrative staff representatives.

In British Columbia, a JHSC in a workplace with a minimum of twenty employees must be structured to include precisely four members, without exception.

In cases of a serious workplace injury, illness, or incident, OHS protocols allow for immediate tampering with the scene if it is deemed necessary to prevent further disruption of business operations.

If the OHS officer agrees with the positions of both the employer and the employee regarding the presence of immediate danger at a worksite, they may issue a singular instruction to allow work to proceed, mandating no corrections for a period.

In British Columbia, supervisors are obligated to report any known or foreseeable health and safety hazards exclusively to their direct managers, who then determine the appropriate course of action.

Under Alberta's OHS Code, employers are mandated to reassess workplace hazards at intervals determined solely by the employer's discretion, irrespective of the frequency or nature of the work being performed.

In Alberta, an OHS officer's order to comply can only be enforced by seeking judicial intervention from the Court of King's Bench.

The concept of 'presenteeism,' wherein ill employees report to work, has no bearing on workplace health and safety interventions under the legislated OHS schemes in British Columbia and Alberta.

Under both the BC WCA and Alberta OHSA, a worker's right to refuse unsafe work extends to situations where there is a potential hazard to the environment, even if no immediate threat to human health or safety is evident.

The Alberta OHSA stipulates that all records of biological, chemical, and physical agents be retained for a minimum of 10 years post-employment to facilitate epidemiological tracking.