The Act never specified that each and every worksite
needed a committee or representative. However, the Act permits
the Director to issue a Director’s Order at any time to
designate specific worksites as those requiring an employer
to have joint worksite health and safety committees. It was
under this mechanism that the previous government issued
a Director’s Order on June 1, 2018, requiring that all worksites
where the employer has 20 or more employers with work
expected to last 90 days or longer must have a site-specific
committee. This also required employers to have site-specific
representatives where they had five to 19 workers with work
expected to last 90 days or longer. The effect of the Order is
to repeal the previous Director’s Order from 2018 and bring
things back to what is set out in the Act itself.
That stated, the Order does not affect those worksites
where there are 20 or more workers in total from two or
more employers where work is expected to last 90 days or
more. In this circumstance, the prime contractor or, where
there is no prime contractor, all employers shall co-ordinate
the establishment of a site-specific joint worksite health and
safety committee.
Under the Act, the joint worksite health and safety committee
and the health and safety representative are responsible
for several things, including:
• Receiving, considering and dealing with concerns and
complaints respecting the health and safety of workers;
• Meeting quarterly to discuss health and safety concerns;
• Participating in the identification of hazards at
the workplace;
• Developing and promoting measures to protect the health
and safety of persons at the worksite;
• Developing and promoting health and safety education
and information programs;
• Making recommendations to the employer, prime
contractor or owner respecting the health and safety
of workers;
• Inspecting the worksite at regular intervals;
• Participating in investigations of serious workplace
injuries and incident; and
• Maintaining records relating to health and safety matters.
The Order may portend more significant changes to come
in 2020 as the newly elected Alberta government continually
states it will “cut red tape.” Compliance with the Act can
be intimidating. Employers are encouraged to seek legal
guidance with respect to their obligations under the Act and
the Occupational Health and Safety Code.
This publication is intended to convey general information
about legal issues and developments as of the indicated
date. It does not constitute legal advice and must not be
treated or relied on as such. Please read our full disclaimer at
www.stikeman.com/legal-notice.
Sheena Owens is a senior counsel in
the Employment and Labour Group.
She is an experienced employerside
employment lawyer and acts
for a wide variety of employers
in industries such as energy, construction,
financial services and
professional services. Over the course
of her career, Owens has built trusted
relationships with in-house counsel and human resources
managers through assisting them with the employment issues
their organizations face. She acts as a workplace investigator
when allegations of harassment and discrimination are
raised. She has provided advice on Canada’s Anti-Spam
Legislation, Personal Information Protection Act, Freedom
of Information and Protection of Privacy Act, and the Health
Information Act. Owens is currently completing her occupational
health and safety diploma at the University of Calgary
so she can better assist her clients with OHS issues.
David Price is an associate in the
Employment and Labour Group.
His practice focuses on employment,
labour relations, human rights and
privacy law. He represents union
and non-union employers on issues
relating to labour and employment
standards compliance, employment
agreements, workplace policies, discipline
and grievances, termination practices and procedures,
restrictive covenants, human rights matters, collective bargaining
and litigation arising from employee terminations.
He regularly advises on drug and alcohol testing policies and
practices, including in the emerging area of law surrounding
the legalization and use of cannabis. Price also provides advice
to clients on employment and labour matters in the context of
corporate transactions.
VIKVAD/123RF
LEGAL
The effect of the Order
is to repeal the previous
Director’s Order from
2018 and bring things
back to what is set
out in the Act itself.
80 Q1 2020 www.pilingcanada.ca
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/legal-notice
/legal-notice
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