Lone Worker Legislation & Policy Blog

Lone Working Legislation & Policy for Alberta

As Canada is divided into federal, provincial and territorial jurisdictions here is the legislation and policy pertaining to workers and lone workers in Alberta, including the associated work alone regulations.

Banff, Alberta.

As working alone is considered a hazard in Alberta, employers of workers who work alone must meet the hazard assessment and control requirements specified in Part 2 of the Occupational health and safety code (OHS).

Within Alberta the OHS code requires the employer to conduct a hazard assessment, implement safety measures, maintain contact at intervals appropriate to the nature of the work and have an effective way of communicating with their employer during an emergency.

Canada Occupational Health and Safety Code, Alberta Regulation 191/2021

Part 28 Working Alone Application

393(1)

This Part applies if
(a) a worker is working alone at a work site, and
(b) assistance is not readily available if there is an emergency or the worker is injured or ill.

394(1)

An employer must, for any worker working alone, provide an effective communication system consisting of
(a) radio communication,(b) landline or cellular telephone communication, or(c) some other effective means of electronic communication that includes regular contact by the employer or designate at intervals appropriate to the nature of the hazard associated with the worker’s work.

394(1.1)

Despite subsection (1), if effective electronic communication is not practicable at the work site, the employer must ensure that
(a) the employer or designate visits the worker, or
(b) the worker contacts the employer or designate at intervals appropriate to the nature of the hazard associated with the worker’s work.

Occupational Health and Safety Act (OHS Act) 2020

Part 1 General Obligations

Obligations of employers

3 (1)
Every employer shall ensure, as far as it is reasonably practicable for the employer to do so,
(a) the health, safety and welfare of
(i) workers engaged in the work of that employer,
(ii) those workers not engaged in the work of that employer but present at the work site at which that work is being carried out, and
(iii) other persons at or in the vicinity of the work site whose health and safety may be materially affected by identifiable and controllable hazards originating from the work site,
(b) that the workers engaged in the work of that employer are aware of their rights and duties under this Act, the regulations and the OHS Code,
(c) that none of the employer’s workers are subjected to or participate in harassment or violence at the work site,
(d) that the employer’s workers are supervised by a person who
(i) is competent, and
(ii) is familiar with this Act, the regulations and the OHS Code that apply to the work performed at the work site,
(e) that the joint health and safety committee, if there is one, or the health and safety representative, if there is one, complies with all requirements imposed on the joint health and safety committee or the health and safety representative under this Act, the regulations or the OHS Code, and
(f) that health and safety concerns raised by workers, supervisors and the joint health and safety committee, if there is one, or the health and safety representative, if there is one, are resolved in a timely manner.

(2)
Every employer shall ensure that workers engaged in the work of that employer are adequately trained in all matters necessary to perform their work in a healthy and safe manner.

(3)
If work is to be done that may endanger a worker, the employer shall ensure that the work is done
(a) by a worker who is competent to do the work, or
(b) by a worker who is working under the direct supervision of a worker who is competent to do the work.

(4)
Every employer shall keep readily available information related to work site hazards, controls, work practices and procedures and provide that information to
(a) the joint health and safety committee, if there is one, or health and safety representative, if there is one, at the work site,
(b) the workers, and
(c) the prime contractor, if there is one.

(5)
Every employer shall ensure that current paper or downloaded or stored electronic copies of this Act, the regulations and the OHS Code are readily available for reference by workers, the joint health and safety committee, if there is one, and the health and safety representative, if there is one.

(6)
Every employer who is a self-employed person engaged in an occupation but is not in the service of an employer for that occupation shall comply with all requirements imposed on an employer, with any necessary modifications.

(7) Every employer shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

Obligations of Workers

5 (1)
Every worker shall, while engaged in an occupation,(a) take reasonable care to protect the health and safety of the worker and of other persons at or in the vicinity of the work site while the worker is working,(b) cooperate with the worker’s supervisor or employer or any other person for the purposes of protecting the health and safety of
(i) the worker,
(ii) other workers engaged in the work of the employer, and
(iii) other workers not engaged in the work of that employer but present at the work site at which that work is being carried out,(c) at all times, when the nature of the work requires, use all devices and wear all personal protective equipment designated and provided for the worker’s protection by the worker’s employer or required to be used or worn by the worker by this Act, the regulations and the OHS Code,
(d) refrain from causing or participating in harassment or violence,
(e) report to the employer or supervisor a concern about an unsafe or harmful work site act that occurs or has occurred or an unsafe or harmful work site condition that exists or has existed,
(f) participate in any training provided by the employer, and
(g) cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

(2)
A worker who is not competent to perform work that may endanger the worker or others shall not perform the work except under the direct supervision of a worker who is competent to perform the work.

This post was last modified on November 7, 2024 3:25 pm

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Stacey Manclark

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