Occupational Health and Safety Act

33(1)

When an injury or incident described in subsection (2) occurs at a work site or an illness described in subsection (2) occurs in connection with a work site, the prime contractor or, if there is no prime contractor, the employer shall report the time, place and nature of the injury, illness or incident to a Director as soon as possible.

33(2)

The injuries, illnesses and incidents to be reported under subsection (1) are

(a) an injury, illness or incident that results in the death of a worker,

(b) an injury, illness or incident in which there is reason to believe the worker has been or will be admitted to a hospital beyond treatment in an emergency room or urgent care facility,

(c) an unplanned or uncontrolled explosion, fire or flood that causes a serious injury or illness or that has the potential of causing a serious injury or illness,

(d) the collapse or upset of a crane, derrick or hoist, and

(e) the collapse or failure of any component of a building or structure necessary for the structural integrity of the building or structure.

33(3)

If an incident specified in the OHS Code occurs at a mine or mine site, the prime contractor or, if there is no prime contractor, the employer shall make a report to a Director of the time, place and nature of the incident as soon as possible.

33(4)

The prime contractor or, if there is no prime contractor, the employer shall make a report as soon as possible to a Director of the time, place and nature of any worker exposure to radiation in excess of the maximum limits prescribed in the OHS Code.

33(5)

If an incident occurs where

(a) the incident had a likelihood of causing a serious injury or illness, and

(b) there is reasonable cause to believe that corrective action may need to be taken to prevent recurrence,

the prime contractor or, if there is no prime contractor, the employer shall conduct an investigation in accordance with subsection (6).

33(6)

If an injury, illness or incident referred to in subsection (2) or (3) or worker exposure referred to in subsection (4) occurs at a work site, the prime contractor or, if there is no prime contractor, the employer shall

(a) carry out an investigation into the circumstances surrounding the injury, illness, incident or worker exposure,

(b) prepare a report outlining the circumstances of the injury, illness, incident or worker exposure and the corrective action, if any, undertaken to prevent a recurrence of the injury, illness, incident or worker exposure,

(c) ensure that a copy of the report is readily available and provided to an officer on demand, and

(d) provide a copy of the report to a Director, the joint health and safety committee, if there is one, or health and safety representative, if there is one, or, if there is no committee or representative, make it available to workers once the investigation is complete.

33(7)

The prime contractor or employer who prepared the report referred to in subsection (6)(b) shall retain the report for at least 2 years after the injury, illness, incident or worker exposure at the work site.

33(8)

A report prepared under this section is not admissible as evidence for any purpose in a trial arising out of the injury, illness, incident or worker exposure, an investigation or public inquiry under the Fatality Inquiries Act or any other action as defined in the Alberta Evidence Act, except in a prosecution for perjury or for the giving of contradictory evidence.

33(9)

Except as otherwise directed by a Director, an occupational health and safety officer or a police officer, a person shall not disturb or conduct work at the scene of an injury, illness or incident required to be reported under subsection (1), including the immediate area where the injury, illness or incident occurred, or alter, move or remove equipment, documents or other information that may be related to the injury, illness or incident, except insofar as is necessary in

(a) attending to persons that are ill, injured or killed,

(b) preventing further injuries, illnesses or incidents, and

(c) protecting property that is endangered as a result of the injury, illness or incident.

34(1)

For the purposes of this Act, an officer may

(a) at any reasonable hour and without warrant, enter into or on any work site and inspect that work site except for a premises used as a private dwelling,

(b) subject to section 31(6), require the production of any records, books, plans or other documents, including electronic documents, that relate to the health and safety of workers and may examine them, make copies of them or remove them temporarily for the purpose of making copies,

(c) use data storage, information processing or retrieval devices or systems that are used by an employer in order to examine records, books, plans or other documents,

(d) require any person to provide the officer with all reasonable assistance, including using any computer hardware or software or any other data storage, processing or retrieval device or system to produce information,

(e) inspect, seize or take samples of any material, product, equipment or other thing being produced, used or found in or on the work site that is being inspected,

(f) cause any material, product, equipment or other thing taken pursuant to clause (e) to be dismantled or subjected to any process or test, but not in such manner as to damage or destroy it, unless under the circumstances damage or destruction thereto is unavoidable or necessary,

(g) bring along equipment or materials needed and be accompanied and assisted by a person who has special, expert or professional knowledge of a matter relevant to the inspection,

(h) make tests and take photographs, measurements or recordings in respect of any work site,

(i) require the employer or a person designated by the employer to demonstrate the use of any machinery, personal protective equipment, equipment, appliance or thing at a work site, and

(j) interview and obtain statements from persons at the work site or persons not located at the work site who have information related to the health and safety of workers at the work site.

34(2)

Notwithstanding subsection (1)(a), an officer may enter and examine a room or place used as a private dwelling that is a work site only if

(a) the owner or person in possession of it consents to the entry and examination, or

(b) the entry and examination is authorized by a judge under subsection (3).

34(3)

Where a judge of the Provincial Court is satisfied on an officer’s evidence under oath that there are reasonable grounds for an officer to exercise a power under this section and that

(a) in the case of a room or place actually used as a private dwelling, the officer cannot obtain consent under subsection (2)(a), or

(b) having obtained consent under subsection (2)(a), the officer has been obstructed or interfered with,

the judge may make any order the judge considers necessary to enable the officer to exercise the powers under this section.

34(4)

When an officer

(a) removes any records, books, plans or other documents under subsection (1)(b), the officer shall

(i) give to the person from whom those items were taken a receipt for them, and

(ii) forthwith make copies of, take photographs of or otherwise record those items and forthwith return them to the person to whom the receipt was given,

or

(b) seizes or takes samples of any material, product, equipment or other thing under subsection (1)(e), the officer shall

(i) give to the person from whom those items were seized or taken a receipt for them, and

(ii) on that person’s request, return those items to that person when they have served the purposes for which they were seized or taken.

34(5)

If a person refuses to allow an officer to exercise any powers under subsection (1) or interferes or attempts to interfere with the officer in the exercise of those powers, a Director may apply to the Court of Queen’s Bench for an order restraining that person from hindering or interfering in any manner with the officer in the exercise of those powers.

34(6)

A statement given under this section is not admissible in evidence for any purpose in a trial, public inquiry under the Fatality Inquiries Act or other proceeding except

(a) to prove non‑compliance with this section in an action or proceeding under this Act,

(b) to prove the commission of an offence under section 47(d) in an action or proceeding under this Act,

(c) to prove the giving of contradictory evidence in an action or proceeding under this Act, or

(d) as evidence in an appeal under section 45(2)(a), (c), (d) or (e).

35(1)

Every person at a work site shall, on request by an officer, provide proof of identity satisfactory to the officer, including the name of the person’s employer and the person’s role at the work site.

35(2)

Every employer involved in work at a work site shall, on request by an officer, identify to the officer the workers and supervisors employed by that employer at the work site.

36(1)

If an injury or incident occurs at a work site or an illness occurs in connection with a work site, an officer may

(a) initiate an investigation of the injury, illness or incident,

(b) attend at the scene of the injury, illness or incident and make any inquiries that the officer considers necessary to determine the cause of the injury, illness or incident and the circumstances related to the injury, illness or incident,

(c) enter any place or area at a work site where the injury or incident occurred or in connection with which the illness occurred where the officer believes information relating to the injury, illness or incident exists,

(d) require the production of any records, books, plans or other documents, including electronic documents, and examine them, make copies of them or seize them,

(e) use data storage, information processing or retrieval devices or systems that are used by an employer in order to examine records, books, plans or other documents, including electronic documents, and

(f) exercise any authority under section 34.

36(2)

Every person present when an injury or incident occurred or who has information relating to the injury, illness or incident shall, on the request of an officer, provide to the officer any information respecting the injury, illness or incident that the officer requests.

36(3)

An officer may, for the purposes of determining the cause of the injury, illness or incident, seize or take samples of any substance, material, product, equipment or other thing that was present at, involved in or related to the injury, illness or incident.

36(4)

If an officer seizes or takes samples of any substance, material, product, equipment or other thing under subsection (3), the officer shall

(a) give to the person from whom those items were seized or taken a receipt for those items,

(b) on that person’s request, return those items to that person when those items have served the purposes for which they were seized or taken, and

(c) dispose of or destroy the seized items if the person from whom the items were seized cannot be located or declines to take receipt of the items.

36(5)

Notwithstanding subsections (1)(b) and (c), an officer may enter and examine a room or place used as a private dwelling only if

(a) the owner or person in possession of it consents to the entry and examination, or

(b) the entry and examination is authorized by a judge under subsection (6).

36(6)

Where a judge of the Provincial Court is satisfied on an officer’s evidence under oath that there are reasonable grounds for an officer to exercise a power under this section and that

(a) in the case of a room or place actually used as a private dwelling, the officer cannot obtain consent under subsection (5)(a), or

(b) having obtained consent under subsection (5)(a), the officer has been obstructed or interfered with,

the judge may make any order the judge considers necessary to enable the officer to exercise the powers under this section.

36(7)

A statement given under this section is not admissible in evidence for any purpose in a trial, public inquiry under the Fatality Inquiries Act or other proceeding except

(a) to prove non‑compliance with this section in an action or proceeding under this Act,

(b) to prove the commission of an offence under section 47(d) in an action or proceeding under this Act,

(c) to prove the giving of contradictory evidence in an action or proceeding under this Act, or

(d) as evidence in an appeal under section 45(2)(a), (c), (d) or (e).

36(8)

A police officer may assist an officer in carrying out the officer’s duties under this section if the officer so requests.

37

No person shall interfere with or in any manner hinder an officer or a police officer who is exercising powers or performing duties or functions under this Act.

38

When an officer is of the opinion that a person is not complying with this Act, the regulations or the OHS Code, the officer may in writing order the person to take such measures specified in the order, within the time limits specified in the order, as the officer considers necessary to ensure such compliance.

39(1)

When an officer is of the opinion that a danger to the health and safety of a worker exists in respect of that worker’s employment, the officer may do one or more of the following:

(a) order the work or any part of it that is taking place to be stopped forthwith;

(b) order any worker or other person present to leave the work site forthwith;

(c) in writing order the worker, prime contractor, contracting employer, supervisor, employer, supplier or service provider to take measures specified by the officer that the officer considers necessary for the purpose of removing the source of the danger or to protect any person from the danger.

39(2)

When an officer is of the opinion that activities that involve, or are likely to involve, a danger to the health and safety of workers are being carried on, or are about to be carried on, by workers of the same employer at more than one work site, the officer may order one or more of the following:

(a) the cessation of those activities;

(b) that all or part of any of the employer’s work sites be vacated;

(c) that no resumption of those activities be permitted by the employer at any of the employer’s work sites while the order is in effect;

(d) that the employer take measures specified by the officer that the officer considers necessary for the purpose of removing the source of the danger or to protect any person from the danger.

39(3)

When requested to do so by an officer, a police officer shall assist the officer in carrying out the officer’s duties under this section.

40(1)

When an officer is of the opinion that personal protective equipment, equipment, a harmful substance or an explosive being used or that may be used at a work site

(a) is not safe, or

(b) does not comply with the regulations or the OHS Code,

the officer may in writing order the prime contractor, contracting employer, owner, employer, supervisor or worker to take measures specified by the officer that the officer considers necessary for the purpose of removing the source of the danger or to protect any person from the danger.

40(2)

No person shall sell, rent, lease or otherwise transfer personal protective equipment, equipment, a harmful substance or an explosive that is subject to an order under subsection (1).

40(3)

When an officer is of the opinion that a supplier is supplying personal protective equipment, equipment, a harmful substance or an explosive that

(a) is not safe, or

(b) does not comply with the regulations or the OHS Code,

the officer may in writing order the supplier to stop supplying that personal protective equipment, equipment, harmful substance or explosive for use by any worker.

41

A Director may revoke or vary an order made under section 38, 39 or 40 or an administrative penalty issued under section 44.

42

When

(a) an order has been made under this Act, the regulations or the OHS Code by a Director or an officer, and

(b) the person to whom that order has been made is carrying on the work without complying with that order,

a Director may, notwithstanding that the person to whom the order was made may or may not have been prosecuted under this Act for not complying with that order, apply to the Court of Queen’s Bench for an order of the Court requiring that person to comply with the order made by a Director, a Director of Medical Services, or an officer, as the case may be.

43

On an application under section 34(5), 42, 45(10) or 64(6)(a)(v), b(v) or (c)(v), the Court of Queen’s Bench may make any award as to costs that it considers proper.

44(1)

If an officer is of the opinion that a person

(a) has contravened a provision of this Act, the regulations or the OHS Code,

(b) has failed to comply with an order made under this Act, the regulations or the OHS Code,

(c) has failed to comply with a term, condition or requirement of an acceptance issued under this Act,

(d) has failed to comply with a term, condition or requirement of an allowance issued under this Act,

(e) has failed to comply with a term, condition or requirement of an approval issued under this Act,

(f) has failed to comply with a term, condition or requirement of an inter‑jurisdictional recognition issued under this Act, or

(g) makes a false statement or gives false or misleading information to an officer,

the officer may by notice in writing given to that person require that person to pay to the Crown within the time specified in the notice an administrative penalty in respect of each contravention in the amount set out in the notice.

44(2)

The amount of the administrative penalty must not exceed

(a) $10 000 per incident listed in subsection (1)(a) to (g);

(b) for a contravention or a failure to comply with subsection (1)(a) to (f) that continues for more than one day, $10 000 for each day or part of a day on which the contravention or failure to comply occurs or continues.

44(3)

A person who pays an administrative penalty in respect of a contravention or a failure to comply shall not be charged under this Act with an offence in respect of the same contravention or failure to comply that is described in the notice of administrative penalty.

44(4)

A notice of administrative penalty may be given within 2 years after the alleged contravention or failure to comply occurs, but not afterwards.

44(5)

Subject to the right to appeal, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and this Act, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court of Queen’s Bench.