Major changes to Alberta''s OHS laws, including an expanded right to refuse, now in effect
By Tyler Bedford, Communications Staff
In 1976, audiences were introduced to the rags to riches boxing saga of Rocky Balboa. Wings topped the charts with Silly Love Songs and brightly coloured polyester and bellbottoms were totally ace on the streets and in the discos.
But that was 42 long years ago and since then film, music and fashion have evolved into new trends as society transformed and peoples'' needs and wants changed.
So it''s hard to believe that with all the progress made since the days of boogie vans and Stretch Armstrong, it took Alberta''s government more than four decades to modernize occupational health and safety and workers'' compensation laws in our province.
They didn''t get there alone, though. AUPE members on worksites across the province have been at the forefront of pushing for change to Alberta''s outdated occupational health and safety laws. Throughout the decades, members have loudly taken to the streets demanding change and more quietly pushed for progress through things like petitions and letter-writing campaigns. At times it seemed impossible, but determination and a belief that every worker deserves to be safe kept the movement going.
The government finally took heed last year, with the passage of Bill 30: An Act to Protect the Health and Well-being of Working Albertans.
Many of the improvements made were recommendations AUPE formally submitted to the government in October 2017 during the province''s review of occupational health and safety laws.
Most changes took effect on June 1 and give workers the power to better protect themselves by assuring three significant rights: the right to refuse dangerous work, the right to know about potential hazards and how to control them, and the right to participate in workplace safety.
"We''re glad the Alberta government finally caught up with the times and brought our province''s labour laws out of the past and into the present," said James Hart, AUPE vice-president and chair of the union''s occupational health and safety committee.
"This bill brings a lot of changes ordinary workers have been asking for, and will help level the playing field for workers with their employers. We''ve taken a big step forward when it comes to workplace safety."
One of the most significant changes union members advocated for is the requirement for worksites with more than 20 employees to form joint employee and employer health and safety committees.
"These committees are an essential component in improving protections by working to identify hazards, helping to resolve cases of unsafe work refusals and helping to develop health and safety policies and training by giving suggestions to employers, without workers having to fear reprisal from bosses," said AUPE Executive Secretary-Treasurer Jason Heistad.
"The employer must then resolve the concerns raised by the committee in a timely manner. Employers must also cooperate with the committees and keep the lines of communication with them open.
"Joint OHS committees are something AUPE has pushed hard for since 1977, the same year our union hired Canada''s first-ever occupational health and safety representative, so we''re pleased to see his and the union''s decades of hard work in this area pay off," Heistad said.
Worksites with five to 19 employees have not been overlooked either. Staff in smaller workplaces are now required to have a worker fill the role of health and safety representative. If there are no joint committees, the responsibility is on the employer to ensure health and safety information is available to all workers or the onsite OHS representative.
Beyond joint workplace health and safety committees, a number of other major changes also took effect on June 1.
"We want to ensure our members are informed and have all the tools they need to protect themselves at work. Everyone deserves to come home safe from a day on the job," Heistad said.
The Big 5 Major Changes to OHS Rules
The right to refuse dangerous work
The new OHS Act establishes a worker''s right to decide if a task is dangerous to their health or safety. If the employer cannot properly eliminate or control a hazard from affecting a worker, the worker may decide that the task is too dangerous for them to conduct, given the lack of proper safety controls. If the worker believes a dangerous condition exists, the worker must notify their supervisor immediately so that the employer can attempt to remove the dangerous condition.
Discriminatory action protection
Under the old legislation, a worker was protected from being disciplined when exercising their OHS rights. Under the new legislation, workers are being protected from "discriminatory action" which encompasses everything from intimidation and coercion to changes in hours of work and demotion, along with protection from discipline. Its goal is to encourage workers to exercise their rights to a healthy and safe worksite.
Improvement to the definition of worksite violence
Previously, the legislation defined violence as physical in nature - whether threatened, attempted or actual conduct. The new legislation encompasses not only physical violence, but also psychological injury or harm, while including domestic and sexual violence. This significant advancement is aimed at better defining violence, and at forcing employers to not only assess and recognize worksite violence as a hazard to workers, but also to put in place elimination or control measures to protect all workers.
Better defined requirements to worksite parties
The new legislation provides better defined obligations and responsibilities for multiple parties within a worksite. Brand new to OHS legislation in Alberta is a defined list of responsibilities for supervisors. The obligations of parties such as suppliers, contractors, prime contractors and service providers is also included. Should any party be found non-compliant in accordance with OHS legislation, they may be liable for penalties as set out in the act.
Mandatory Joint Worksite Health & Safety Committees
As of June 1, all worksites with over 20 workers, where the work will last more than 90 days, will be required by law to have Joint Worksite Health and Safety Committees. These committees will be responsible for everything from receiving and resolving worksite concerns, to participating in hazard assessment processes and participating in investigations of serious incidents. Committee members can receive a minimum of 16 hours of OHS training per year to help in their 10 required duties. Employers have to respond to committee recommendations within 30 days, and committees can then refer a matter to an OHS Officer if they are still concerned.
For more information on the important changes included in Bill 30 email bill30@aupe.org or visit aupe.org/bill30.