BILL 30 - Legislative Assembly of Alberta

1 2017 bill 30 Third Session, 29th Legislature, 66 Elizabeth II THE Legislative Assembly OF Alberta bill 30 AN ACT TO PROTECT THE HEALTH AND WELL-BEING OF WORKING ALBERTANS THE MINISTER OF LABOUR First Reading .. Second Reading .. Committee of the Whole .. Third Reading .. Royal Assent .. 1 bill 30 bill 30 2017 AN ACT TO PROTECT THE HEALTH AND WELL-BEING OF WORKING ALBERTANS (Assented to , 2017) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta , enacts as follows: 1 The Occupational Health and Safety Act as set out in Schedule 1 is enacted and may be cited as Chapter of the Statutes of Alberta , 2017.

2 2 The Workers Compensation Act is amended as set out in Schedule 2. 1 Explanatory Notes Explanatory Notes 1 Enacts the Occupational Health and Safety Act. 2 Amends the Workers Compensation Act. 2 Schedule 1 OCCUPATIONAL HEALTH AND SAFETY ACT Chapter Table of Contents 1 Definitions 2 Purposes of this Act Part 1 Obligations of Work Site Parties 3 Obligations of employers 4 Obligations of supervisors 5 Obligations of workers 6 Obligations of suppliers 7 Obligations of service providers 8 Obligations of owners 9 Obligations of contractors 10 Obligations of prime contractors 11 Obligations

3 Of self-employed persons 12 Obligations of temporary staffing agencies 13 Multiple obligations Part 2 Availability of Information 14 Duty to provide information 15 Posting orders and notices Part 3 Joint Work Site Health and Safety Committees and Health and Safety Representatives 16 Establishment of joint work site health and safety committee 17 Designation of health and safety representative 18 Determination of number of workers 3 19 Duties of a joint work site health and safety committee 20 Duties of a health and safety representative 21 Employer and prime contractor to work with committee or representative 22 Membership of joint work site health and safety committee 23 Posting names of committee members and representative 24 Term of office 25 Inspection of work site with officer 26 Quorum 27 Meetings of joint work site health and safety committee 28 Meetings of employer and health and safety representative 29 Training of committee members and representatives 30 Time away for committee or representative

4 Work and entitlement to pay Part 4 Dangerous Work and Discriminatory Action 31 Right to refuse dangerous work 32 Report of dangerous condition to an officer 33 Worker entitled to be paid despite refusal 34 Employer not to make worker work in dangerous conditions 35 Prohibition of discriminatory action 36 Discriminatory action complaint Part 5 Program and Practice 37 Health and safety program 38 Occupational Health and Safety Advisory Council 39 Duties of Council 40 Serious injuries and incidents Part 6 Minister and Staff 41 Duties of the Minister 42 Staff 43 Powers of a Director 44 Duties of officers 45 Confidential information 4 Part 7 Medical Assessments 46 Medical examination 47 Notice of findings 48 Medical reports used for enforcement 49 Occupational health surveillance 50 Examination of workers exposed to hazards Part 8 Compliance and Enforcement 51 Inspection 52 Identification 53 Investigation of injury or incident 54 Prohibition from interference 55

5 Acceptances 56 Approvals 57 Interjurisdictional recognition 58 Licence 59 Order to ensure compliance 60 Stop work orders 61 Stop use orders 62 Code of practice 63 Order to establish a health and safety program 64 Regular inspection of work sites 65 Protection of workers on a new project 66 Report on compliance 67 Enforcement of compliance with order 68 Administrative penalties 69 Awarding of costs Part 9 Review and Appeals 70 Director review 71 Appeal 72 Hearing of appeal 5 Part 10 Offences and Penalties 73 Offences 74 Penalties 75 Additional powers of court to make directions 76 Effect of non-payment Part 11 Information Collection and Exchange 77 Agreements re research and educational programs 78 Consultants 79 Exchange of information 80 Publication of information about employers 81 Board of inquiry 82 Funded organizations 83 Designated organizations 84 Furthering occupational health

6 And safety Part 12 Regulations and Administration 85 Lieutenant Governor in Council regulations 86 Ministerial orders and codes 87 Provisions affecting the regulations and OHS codes 88 Notice to a Director 89 Service of documents 90 Administration costs 91 Liability of officials 92 Act binds Crown Part 13 Related and Transitional Provisions, Consequential Amendments, Repeal and Coming Into Force 93 Dissolution of Occupational Health and Safety Council 94, 95 Consequential amendments 96 Transitional appeals and reviews 97 Transitional regulations 98 Transitional regulations, OHS code and adopted codes 99, 100 Consequential amendments 6 101 Repeal 102 Coming into force Definitions 1 In this Act, (a) administrative penalty means an administrative penalty required to be paid under section 68(1); (b) appeal body means the appeal body referred to in section 71(1).

7 (c) code of practice means a code of practice described in section 62; (d) competent in relation to a person, means adequately qualified, suitably trained and with sufficient experience to safely perform work without supervision or with only a minimal degree of supervision; (e) consult or any similar term or word means (i) the sharing of relevant information with or seeking information or advice from affected persons, (ii) giving affected persons a reasonable opportunity to express their views, and (iii) taking those views and that information and advice into account; (f) contractor means a person, partnership or group of persons who, through a contract, an agreement or ownership, directs the activities of one or more employers or self-employed persons involved in work at a work site.

8 (g) Council means the Occupational Health and Safety Advisory Council appointed under section 38; (h) custodian means a person defined as a custodian under the Health Information Act; (i) Director means a Director of Inspection, a Director of Medical Services or a Director of Occupational Hygiene; 7 (j) Director of Inspection means a person appointed under section 42 as a Director of Inspection; (k) Director of Medical Services means a physician appointed under section 42 as a Director of Medical Services; (l) Director of Occupational Hygiene means a person appointed under section 42 as a Director of Occupational Hygiene.

9 (m) discriminatory action means any action or threat of action by a person that does or would adversely affect a worker with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of a worker, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty; (n) employer means (i) a person who employs or engages one or more workers, including a person who employs or engages workers from a temporary