HCS3000: Workplace Safety Systems

Training Room 3: Safety Legislation

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There are three main sources of legislation related to workplace safety:

• Occupational Health and Safety (OHS) Act, Regulation and Code
• Workers' Compensation Act
• Employment Standards Code

Occupational Health and Safety (OHS)

Occupational health and safety legislation exists at two levels:

Federal Canadian Center for Occupational Health and Safety (CCOHS)

Established in 1978, CCOHS promotes the total well-being—physical, psychosocial, and mental health—of working Canadians by providing information, training, education, management systems, and solutions that support health, safety, and wellness programs. (Find out more by visiting CCOHS.)

Albertal Occupational Health & Safety (OHS)

Occupational Health & Safety (OHS) promotes health and safety through partnerships, resources, education, and enforcement of the Occupational Health and Safety Act. (Find out more by visiting Alberta Occupational Health and Safety.)

What Is Bill C-45?

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Bill C-45 is federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The bill established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives, and those who direct the work of others.

Find out more by searching using the question, "What is bill C-45?".

In Canada, it's the employer's responsibility to provide safety training and equipment, and to ensure worker safety. It's up to the employee, though, to make sure he or she can do the job safely.  This is to ensure that workers have a safe, productive working environment.

Employer Responsibilities

Employers are required, under Bill C-45, to do their best to keep their employees from harm. This means that if there is a safer, or better, way to do a task, they should tell their employees to complete it that way, rather than a faster or more profitable way.

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Employer Responsibilities

1. Provide complete safety-training programs (training, safety equipment, safe environment, and properly maintained and serviced equipment)..
2. Support management and supervisory staff in enforcing these programs.
3. Have procedures in place for reporting unsafe conditions.
4. Establish joint health and safety committees to inspect the work site.
5. Listen to reports from employees.
6. Monitor operations to correct unsafe situations.

Employee Responsibilities

Employees’ involvement in safety is also very important. They have the right, but are not obligated by law, to do anything to maintain their safety. They must also have access to safety equipment and training.

You have three basic rights as a worker:

1. You have the right to know about the hazards of your job. You should know how to recognize and deal with those hazards so that they won’t cause injury or health problems to you or others. Employers must inform employees of foreseeable hazards in the workplace, as well as any prevention measures.
2. You have the right to participate in health and safety in the workplace. Your supervisor and employer should consult with you on matters that affect your safety as a worker. This makes sense because you, as a worker, perform the everyday tasks and face the hazards directly. You can point to health and safety situations you’re concerned about, and your employer or supervisor has to assess them.
3. You have the right to refuse work that you believe to be unusually dangerous to yourself and others. If you have reason to believe that a situation presents a danger, you can refuse to work without disciplinary action provided that the proper reporting procedures are followed. This is one of your most important rights—it can save your life.

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Along with your rights, you have these responsibilities:

1. Demonstrate responsible behaviour. Take care for your health and safety, and also for the health and safety of other workers who are affected by your actions.
2. Practise safe work habits.
3. Wear all appropriate personal protective equipment (PPE).
4. Know how to use equipment properly. Use equipment the way it was intended to be used.
5. Report unsafe conditions.

Workers' Compensation Act

The Alberta Workers' Compensation website provides many details about the benefits and services of the Workers' Compensation Board. Become familiar with this site to answer the many questions you have about this topic. You want to know which injuries are covered, how to make a claim, what to do if you disagree with the Workers' Compensation Board's ruling, and where you can make a telephone call to get answers to your questions.

Students who are participating in work-experience programs at school are covered by Workers' Compensation. Find out more.

Employment Standards Code

Provincial and federal labour legislation outlines the rights of employees and employers. There are many acts, pieces of legislation, and governing bodies that ensure we are all treated fairly. Some of these are the Canada Labour Code, Canadian Human Rights Act, Charter of Rights and Freedoms, Employment Equity Act and the Employment Standards Code.

Employees and employers in Alberta follow employment standards outlined in the Employment Standards Code. The code is administered by the Ministry of Human Services and provides guidelines for consistent employment practices throughout Alberta.