Occupational health and safety in Alberta is governed by three linked documents: the OHS Act, the OHS Regulation and the OHS Code. Together they require employers to ensure, as far as reasonably practicable, the health and safety of workers and others at the work site. In practice that means assessing hazards, controlling them, training and supervising workers, involving workers in safety, and reporting serious incidents.
How the three documents fit together
| Document | What it does |
|---|---|
| OHS Act | Sets out general duties for employers, supervisors, workers, prime contractors, owners, suppliers and others; worker rights; committees and representatives; enforcement powers. |
| OHS Regulation | Adds administrative detail, such as certain reporting and record requirements. |
| OHS Code | The technical rules, organized into parts by topic: hazard assessment, first aid, fall protection, confined spaces, chemical hazards, noise, working alone and many more. |
The Act and Code are amended from time to time. Always work from the current consolidated versions published by the province, and check for any industry-specific requirements.
Who has duties
The Act assigns duties to many parties, not just employers:
- Employers must ensure the health and safety of their workers and others at the site, provide competent supervision, train workers, and maintain a health and safety program where required.
- Supervisors must take all precautions reasonable in the circumstances, ensure workers follow the rules, and report concerns.
- Workers must take reasonable care, cooperate, use required equipment, and report hazards and concerns.
- Prime contractors coordinate health and safety where there are two or more employers on one site and must ensure everyone complies.
- Owners, suppliers, contractors and service providers each have their own obligations.
Read more about how responsibilities are shared on multi-employer sites in managing contractor safety.
Core employer obligations
Hazard assessment and control
The OHS Code requires a written hazard assessment before work begins, with workers involved, and a review when conditions change or new work starts. Hazards are to be eliminated where reasonably practicable, or otherwise controlled using engineering controls, administrative controls and PPE, in that order. See the hierarchy of controls.
Health and safety program
Employers above a certain size must have a written health and safety program with set elements, developed in consultation with the committee or representative. Smaller employers still need to meet all their duties and are well served by a simpler written program.
Committees and representatives
Depending on the number of workers, employers must establish a joint health and safety committee or designate a health and safety representative. See health and safety committees and representatives.
Training and competence
Work must be done by competent workers, or by workers under the direct supervision of a competent worker. Competence means adequately qualified, suitably trained and with sufficient experience to work safely.
Harassment and violence
Workplace harassment and violence are treated as hazards. Employers need policies and procedures to prevent them and to respond to complaints.
Specific hazards
The Code includes detailed rules for first aid, emergency response, fall protection, confined spaces, chemical exposure, noise, working alone, lockout, PPE and other topics. Each applies where the hazard exists at your site.
Worker rights
Alberta's legislation sets out three core rights: the right to know about hazards, the right to participate in health and safety, and the right to refuse dangerous work. Workers are also protected from disciplinary action for exercising these rights. Our guide to worker rights under OHS law explains how they work in practice.
Reporting and investigation
Certain serious injuries and incidents must be reported to Alberta OHS promptly, and the scene generally must not be disturbed except to help injured people or prevent further harm, until an officer allows it. The employer must investigate and prepare a report. Check the current list of reportable events, since it is set in the legislation and has changed over time.
Enforcement
OHS officers can inspect work sites, interview people, take samples and issue orders, including stop-work orders. Administrative penalties and tickets can be issued for certain contraventions, and serious cases can be prosecuted. In a prosecution, an employer's main defence is usually due diligence: showing that it took every reasonable precaution.
Due diligence is built before the incident. Written assessments, training records, inspection reports, corrective actions and evidence of supervision are what show that reasonable precautions were taken. If it is not recorded, it is hard to prove.
How ehZee can help
ehZee is headquartered in Edmonton and works with Alberta employers to build and review safety programs against the OHS Act and Code, with attention to the real work on site. See safety program development and review.
Common questions
Does the OHS Code apply to small businesses?
Yes. The duties apply to employers of all sizes. Some specific requirements, such as a formal written program or a committee, depend on the number of workers, but hazard assessment, training and the other core duties apply to everyone.
Are federally regulated workplaces covered?
No. Federally regulated employers, such as banks, interprovincial transportation and telecommunications, fall under the Canada Labour Code instead.
Where do I find the current rules?
The Government of Alberta publishes the OHS Act, Regulation and Code, along with explanation guides. Use the current consolidated versions.