Alberta Occupational Health and Safety Act
The Alberta Occupational Health and Safety Act is the primary legislation governing workplace health and safety in Alberta. It establishes the rights and duties of employers, supervisors, workers, and other parties, and gives OHS officers the authority to inspect worksites, issue orders, and investigate incidents.
The Alberta OHS Act is the legal foundation for workplace safety in Alberta. It defines who is responsible for what, what rights workers have, and what powers OHS officers have to enforce compliance. Every Alberta employer needs to understand the basics of the OHS Act — not just the safety program requirements, but the legal framework that governs everything.
Key duties under the OHS Act
The OHS Act assigns duties to multiple parties. Employers must ensure the health and safety of workers and anyone else at the worksite. Supervisors must ensure workers under their direction work safely and comply with the OHS Act. Workers must take reasonable care to protect their own health and safety and the safety of others. Prime contractors must ensure all employers at a multi-employer worksite comply with the OHS Act.
These duties are not optional and cannot be contracted away. An employer cannot transfer their OHS obligations to a subcontractor by contract.
OHS officer powers
OHS officers have broad powers under the OHS Act. They can enter any worksite at any time without notice, inspect any aspect of the worksite, interview workers and supervisors, review records and documents, and issue orders requiring compliance.
Officers can also stop work immediately if they believe an imminent danger exists, and can recommend prosecution for serious violations.
Penalties under the OHS Act
Penalties for OHS Act violations can be significant. Individuals (including supervisors and workers) can be fined up to $100,000 per offence. Corporations can be fined up to $500,000 per offence. In cases of criminal negligence causing death or bodily harm, prosecution under the Criminal Code is also possible.
Penalties are not just financial. A serious OHS violation can result in reputational damage, loss of prequalification status, and increased WCB premiums.
2018 legislative updates
The OHS Act was substantially updated in 2018, introducing formal worksite health and safety committees for larger employers, written harassment and violence prevention policies, and expanded worker rights.
Frequently asked questions
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