Occupational Health and Safety Act
The Occupational Health and Safety Act provides the overall legislative framework for workplace health and safety rules in Alberta.
Part 4 Acceptances, Allowances, Approvals, Inter‒jurisdictional Recognitions and Licences
Contents
Acceptances
20(1)
A Director may issue in writing an acceptance to a person or class of persons if, in the Director’s opinion, an alternative tool, appliance, personal protective equipment, equipment, standards, work process, first aid service or first aid supplies or equipment at a work site provides equal or greater protection than that provided for by the OHS Code for persons affected by the tool, appliance, personal protective equipment, equipment, standards, work process, first aid service or first aid supplies or equipment.
20(2)
A Director may impose any terms and conditions that the Director considers necessary to maintain the health or safety of a worker on the acceptance and those terms and conditions are part of the acceptance.
20(3)
A Director may compel a person to provide the Director with any information that the Director determines is necessary for considering whether to issue an acceptance including, without limitation,
(a) a statement of why it is appropriate to issue an acceptance, and
(b) specific details about the alternative tool, appliance, personal protective equipment, equipment, standards, work process, first aid service or first aid supplies or equipment that a Director needs to determine whether the alternative gives workers equal or greater protection than the original legislative requirement.
20(4)
An acceptance is in effect only during the period prescribed in it and, notwithstanding anything in this Act or the OHS Code, during that period the terms, conditions or requirements set out in it apply with respect to the tool, appliance, personal protective equipment, equipment, standards or work process at the work site to which the acceptance applies.
20(5)
A Director shall prescribe in the acceptance the duration of the acceptance.
20(6)
A person or class of persons who is issued an acceptance shall ensure that the acceptance or the original legislative requirement is complied with.
20(7)
A Director may vary, suspend or revoke the acceptance at any time.
20(8)
The Regulations Act does not apply to an acceptance issued by a Director.
Allowances
21(1)
A Director may, by order, allow a person or class of persons to vary from any provision of the OHS Code if the Director is satisfied that no person’s health or safety is materially affected by the allowance.
21(2)
The Director may impose any terms or conditions in connection with the allowance that the Director considers necessary and those terms and conditions are part of the allowance.
21(3)
The Director shall prescribe in the allowance the duration of the allowance.
21(4)
A person or class of persons referred to in subsection (1) shall ensure that the allowance or the original legislative requirement is complied with.
21(5)
The Director may vary, suspend or revoke the allowance at any time.
21(6)
The Regulations Act does not apply to an allowance issued by a Director.
Approvals
22(1)
A Director may, in accordance with the regulations or the OHS Code, issue an approval to any person provided the person meets any terms or conditions that the Director considers necessary to maintain the health or safety of a person.
22(2)
A Director may compel a person to provide the Director with any information that the Director determines is necessary for considering whether to issue an approval including, without limitation,
(a) a statement of why it is appropriate to issue an approval, and
(b) specific details about the circumstances and work site a Director needs to determine whether the approval should be granted
22(3)
A Director may impose terms and conditions the Director considers necessary on the approval and those terms and conditions are part of the approval.
22(4)
A person who is issued an approval shall ensure that the approval or the original legislative requirement is complied with.
22(5)
The Director shall prescribe in the approval the duration of the approval.
22(6)
The Director may vary, suspend or revoke the approval at any time.
22(7)
The Regulations Act does not apply to an approval issued by a Director.
Inter‒jurisdictional recognition
23(1)
Notwithstanding the standards required to be followed and equipment required at a work site as specified by this Act, the regulations or the OHS Code, a Director may issue a recognition of an alternate standard, personal protective equipment or equipment that complies with the requirements in another Canadian jurisdiction or the requirements under an agreement entered into between Alberta and another Canadian jurisdiction, if, in the Director’s opinion, such an alternate standard, personal protective equipment or equipment is appropriate to the Alberta conditions.
23(2)
The recognition may be subject to such terms and conditions as the Director considers appropriate and those terms and conditions are part of the recognition.
23(3)
A person to whom a recognition applies shall ensure that the recognition or the original legislative requirement is complied with.
23(4)
The Director may vary, suspend or revoke the recognition at any time.
23(5)
The Regulations Act does not apply to a recognition issued by a Director.
Licences
24(1)
A licence may be issued in accordance with the OHS Code.
24(2)
A Director may, subject to the OHS Code, cancel or suspend a licence.