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Changes to Alberta Occupational Health and Safety Code Take Effect March 31 2025 Stikeman Elliott LLP

The amendments aim to enhance workplace safety and reduce the risk of accidents and injuries.

  • Enhanced penalties for non-compliance with safety regulations
  • Increased emphasis on workplace training and education
  • New requirements for hazard reporting and incident investigation
  • Improved protections for workers in high-risk industries

    • Impact on High-Risk Industries

    The amendments have significant implications for industries that are considered high-risk, such as retail, explosives handling, and the oil, gas, and geothermal sectors.

    Understanding the Changes

    The recent amendment to Part 27 of the Code has significant implications for employers and employees alike. The changes aim to strengthen workplace violence and harassment prevention measures, ensuring a safer and more respectful work environment.

  • Employers must provide training on workplace violence and harassment prevention to all employees.
  • Employers must establish a clear policy on workplace violence and harassment prevention.
  • Employers must investigate all allegations of workplace violence and harassment promptly and thoroughly.
  • Employers must take disciplinary action against employees who engage in workplace violence and harassment.The Importance of Training

    • Training is a crucial aspect of workplace violence and harassment prevention. It enables employees to recognize the signs of violence and harassment, understand their rights and responsibilities, and know how to report incidents.

    prevention policies, the new regulation will now enforce a single policy that encompasses both violence and harassment prevention. This change is intended to reduce complexity and improve coordination between departments responsible for implementing these policies. The current approach of maintaining two separate policies has been criticized for being inefficient and resulting in duplication of efforts, which has led to the repeal of the previous sections 390.1, 390.2, and 390.4 – 390.6. The new policy will be guided by the principles of the Violence Against Women Reauthorization Act (VAWA) and the Occupational Safety and Health Administration (OSHA) guidelines on workplace violence. The policy will focus on prevention through education, training, and reporting mechanisms. Education and training programs will be designed to raise awareness of workplace violence and harassment, and to promote a culture of respect and inclusivity. These programs will be conducted by trained facilitators and will be tailored to the specific needs of each workplace. The goal of these programs is to empower employees to recognize and report incidents of violence and harassment, and to provide a safe and respectful work environment. The new policy will also establish clear reporting mechanisms and protocols for investigating and addressing incidents of violence and harassment. These mechanisms will be designed to ensure that incidents are thoroughly investigated, and that victims receive support and protection. The new policy will also incorporate the principles of the OSHA guidelines on workplace violence, which emphasize the importance of prevention through education, training, and reporting mechanisms.

    Training and Development: Programs to educate workers on the measures to be taken to prevent violence and harassment.

  • Physical violence, such as assault or battery
  • Verbal harassment, such as verbal abuse or intimidation
  • Psychological harassment, such as bullying or stalking
  • Sexual harassment, such as unwanted advances or comments
  • Hazard control measures may include:
  • Implementing security cameras and monitoring systems
  • Providing training on conflict resolution and de-escalation techniques
  • Establishing clear policies and procedures for reporting and addressing incidents
  • Conducting regular workplace audits to identify and address potential hazards

    • Communication with Workers

    Effective communication with workers is crucial in preventing and addressing violence and harassment in the workplace. Workers need to be informed about the nature and extent of the hazards, as well as the measures being taken to prevent and address them.

    Workplace Violence and Harassment: A Comprehensive Approach

    Understanding the Risks

    Workplace violence and harassment are serious issues that can have devastating consequences for employees, employers, and the organization as a whole. These incidents can occur in various forms, including physical, verbal, and psychological abuse, as well as unwelcome behavior such as bullying, harassment, and discrimination. • Physical violence can take many forms, including assault, battery, and threats of violence. • Verbal violence can manifest as verbal abuse, intimidation, and threats. • Psychological violence can involve emotional manipulation, gaslighting, and control.

    Amendments to the Violence and Harassment Policy

    The amendments to the Violence and Harassment Policy aim to strengthen the organization’s commitment to providing a safe and respectful work environment for all employees.

  • Employers must now provide a copy of the investigation report to the employee who was the subject of the investigation, as well as to the employee’s supervisor and HR representative.
  • The policy now requires employers to provide a copy of the investigation report to the Director, but this is no longer a requirement for the employee who was the subject of the investigation.
  • Employers must still prepare a report outlining the circumstances of, and the corrective action taken in response to, violence and harassment incidents.Impact on Employers

    • The amendments to the Violence and Harassment Policy will have a significant impact on employers, particularly in terms of their reporting obligations. • Employers must now provide a copy of the investigation report to the employee who was the subject of the investigation, as well as to the employee’s supervisor and HR representative.

    Workplace Safety in Late-Night Retail Environments

    The Code amendments aim to enhance workplace safety in late-night retail environments, where workers are more vulnerable to robbery and violence.

    The new regulations aim to reduce the risk of accidents and injuries in the industry.

  • Providing personal protective equipment (PPE) to workers who are at risk of exposure to hazardous materials
  • Ensuring that workers are properly trained on the safe handling and use of explosives
  • Implementing procedures for emergency response and evacuation in the event of an accident
  • Conducting regular safety inspections to identify and address potential hazards

    • Stricter Storage, Transport, and Handling Protocols

    The new regulations also introduce stricter protocols for the storage, transport, and handling of explosives.

    Enhanced security measures for the use of electric detonators in confined spaces.

    New requirements for the use of personal protective equipment (PPE) and the implementation of a comprehensive safety management system (SMS) for all oil and gas work sites.

  • New safety requirements for wind direction indicators and atmospheric monitoring at all oil and gas work sites.
  • New requirements for the use of personal protective equipment (P.E.P.E.) and the implementation of a comprehensive safety management system (SMS) for all oil and gas work sites.
  • Enhanced safety requirements for geothermal energy work sites.Impact on the Industry

    • The renaming of Oil, Gas, and Geothermal Worksite Safety Part 37 to Oil, Gas, and Geothermal Energy reflects the growing importance of these energy sources in the global energy mix.

    Improved safety standards for well control, including the use of positive displacement pumps and pressure-activated valves.

    Understanding the Amendments

    The amendments aim to address the evolving nature of the workplace, where technological advancements and changing employee needs have led to a reevaluation of traditional employment laws. Employers must now take a more proactive approach to managing risks and ensuring compliance with the new regulations.

  • The amendments introduce new provisions that require employers to provide employees with clear information about the risks associated with their work.
  • Employers must also take steps to mitigate these risks and provide employees with adequate training and support.
  • The amendments emphasize the importance of a proactive approach to risk management, rather than simply reacting to incidents after they have occurred.Employer Accountability

    • The amendments signal a significant shift in the balance of power between employers and employees.

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