The document compares and contrasts occupational health and safety legislation in Ontario and Alberta. Both provinces have Occupational Health and Safety Acts and require employers to ensure worker health and safety. However, there are some differences in requirements for joint health and safety committees, training, incident reporting, emergency preparedness, and penalties. Additional resources are provided for more information on emergency response planning in Alberta.

1. Differences and similarities in Occupation health legislation in Ontario and Alberta
November 2012
Ontario Alberta
Relevant legislation:
Occupation Health & Safety Act
Workplace Safety & Insurance Act
Regulations made under Occupational Health & Safety Act
Human Rights Code
Relevant legislation:
Occupation Health & Safety Act
Occupation Health & Safety Regulations
Occupational Health & Safety Code (2009)
Availability of the Copy of Act
Legislation requires that a copy of the OHS Act and health &
safety posters be avilable at the worksite for easy reference
of employees
Availability of the legilation
Legislation requires a paper or electronic copy of OHS Act,
OHS Regulations, OHS Code must be readily available for
workers
Duties of Employers
Under the OHS Act (Section 25), employers shall ensure:
- workplace including building, materials and equipment, is
free of health hazards
- Ensure that prescribed measures of safe work place are
carried out in the workplace
- Provide information about any workplace hazards, proper
safety equipment, employee training and competent
supervision
- Provide information, instruction and supervision to the
employees to protect health and safety at workplace
- Provide cooperation and assistance to the JHSC
- Post a copy of the OHS Act in the workplace where it is
easily accessible to employees
- Prepare and Review at least once annually an
occupational health and safety policy and develop and
maintain a program to implement it
- Take all possible measures for the protection of employees
from illness and /or injury
Duties of Employers
Under the OHS Act,
-employers are responsible for ensuring the health and
safety of
• all workers at the worksite
• workers not engaged in the work of the employer
but present at the worksite where work is being
carried out
-employers are responsible that the workers are aware of
their repsonsibilites and duties under the OHS Act,
Regulations and the adopted code
Duties of Managers (Section 27)
- Ensure employees work in a prescribed and safe manner
- Provide safe work and ensure safety against any injury
and/or illness
- Inform employees on any potential danger or health hazard
and providing training to them to ensure safe work
- Provide supervision and take every precaution, reasonable
in the circumstances for the protection of the employee
Duties of Workers / Employees (Section 28)
- Work in compliance with the OHS Act
- Report any prospective danger to employer /manager
immediately
- Not operate anything that might endanger the employee
himself or others
Duties of Workers / Employees
- Take responsible care to protect the health & safety of the
worker and of other workers
- Cooperate with the employer for protecting health & safety
of workers

2. Ontario Alberta
Penalties and Fines
* Every person who fails to comply with
- a provison of OHS Act
- an order ore requirement of Inspector or Director
- An order of the Minister
is liable to a fine of upto $25,000, or imprisonment upto 12
months or both
• Corporation may be fined upto $500,000
Penalties and Fines
Maximum Fines
Maximum fine for violation of OHS Act has increased to
$500,000/- or a prison term of upto 6 months or both
Maximum fine for second or subsequent offence is now
$1,000,000 and/or a prison term upto 12 months
Other penalities can be imposed by court including fine and
jail
Joint Health & Safety Committee (Section
In accordance with the OHS Act, Joint Health and Safety
Committee will be formed in an organization to ensure
implementation of occupational health standards in
workplace
Required at a workplace where 20 or more workers are
regulalry employed
Joint Worksite Health & Safety Committee
Under OHS, Minister may order a worksite to have a Joint
Worksite Health & Safety Committee: Designation of
worksite is by ministirial order (Section 13 of OHS Act);
Mandatory for only those ordered by Minister
Certified members
Employer shall ensure that at least one member
representing employer and atleast one member
representing workers are certified members.
In case there is a healthand safety represntative, the
employer shall ensure that he/she is provided training to
effectively perform the duties as a health and safety
representative
Duties of Committee
Duties of the Joint Health and Safety Committee are as
follows:
- Ensure implementation of the health and safety policy at
the workplace
- Advice management on improving health and safety
- Report accidents or incidences
- Ensure periodic assessment
Duties of Committee
(a) identify situations at the work site that may be As
described in section 31 of the OHS Act, a committee is
required to unhealthy or unsafe,
(b) make recommendations to prime contractors,
contractors, employers and workers that improve the health
and safety of workers at the health & safety of workers at the
work site,
(c) establish and maintain educational programs regarding
site, and
(d) carry out those duties and functions required by the OHS
Code
Meetings
The Joint Health & Safety Committee members will hold a
meeting at least every three months. The company will
provide for the space and time to arrange for the meetings.
Timings and agenda of the meeting will be circulated in
advance for information of meetings. Minutes of the meeting
will be recorded and kept for record and review by an
inspector
Meetings (section 203)
Committee meetings must take place at least once in each
calendar month
Committee co-chairs (section 11)
Two member of the Committee shall co-chair the meeting:
one member to be selected by the members who represent
workers; and the other to be selected by members who
exercise managerial functions
Committee co-chairs (section 201)
The committee must have two co‐chairs. Worker members
must select one co-chair from among themselves. Employer
members must select one co-chair from among themselves.

3. Ontario Alberta
Membership
Committee shall consist of at least two members for a
workplace where fewer than 50 workers are regularly
employed or at least four persons where 50 or more
workers are regularly employed
At least half the members of the committee shall be workers
employed at the workplace
Membership (section 197)
Subsections 31(3) of the OHS Act states that the number of
employer representatives on the committee must not exceed
the number of worker representatives. The number of
members required is Worker representatives: 2-6 members
Employer representatives: 1-6 members
Duty to inspect work site
The committee must perform inspections at the work site at
least once before
each regular committee meeting
Quorum (section 204)
To be able to hold an official meeting, one-half of the
committee’s members must be present at the meeting. Of
the members attending the meeting,
(i) both worker and employer members must be present
(ii) at least one-half of those present must be worker
members
First Aid
All employers who are subject to the Occupational Health
and Safety Act must comply with Regulation 1101 under
Section 3 of the Workplace Safety and Insurance Act. The
Regulation states what each employer is obligated to
provide in the workplace.
First Aid
Section 179 requires first aid services, equipment and
supplies to be available at the work site
Reporting injury
Employers are required to report an injury to WSIB with in 3
days if it involves
- Health care treatment
- Time away from work
- Lost wages
Reporting injury
If an acute illness or injury occurs at the work site, section
182 requires the affected worker to report the illness or
injury to the employer as soon as practical. Section 183
requires that a written record be kept of every illness or
injury reported
Section 177 Training standards
The employer is responsible for ensuring that individuals
designated to provide first aid services to workers at a work
site are appropriately trained. Workers successfully
completing an approved first aid course are issued a first aid
certificate by an approved training agency. This card should
be shown to the employer when individuals are asked to
provide proof of their first aid qualifications.
Location of First Aid
The employer is responsible for ensuring that first aid
services, equipment and supplies are available at the work
site. A first aid room need only be provided in
cases where
(a) there are 200 or more workers per shift performing
medium hazard work (see Table 6 of Schedule 2), or
(b) There are 100 or more workers per shift performing high
hazard work (see Table 7 of Schedule 2).
Emergency preparedness
Section 115 requires employers to establish an emergency
response plan for responding to an emergency that may
require rescue or evacuation. (Section 8 of the OHS
Regulation requires that the plan be in writing and available
to workers.)

4. - Section 116 specifies the minimum elements to be
included in an emergency response plan.
- Section 117 requires employers to ensure designated
rescue and emergency workers receive appropriate and
adequate training.
- Section 118 requires employers to provide designated
rescue and emergency workers with personal protective
clothing and equipment appropriate to the work site and the
potential emergencies identified in the emergency response
plan.
Contents of emergency Plan
Emergency response items such as first aid and fire
protection are common to all work sites. Items (a) to (j) of
this subsection are the minimum requirements to be
addressed in an emergency response plan. It is essential
that the emergency response plan be site specific. Individual
work sites may need to add additional items that are specific
to their operation.
Accident Reporting
If a person, whether a worker or not, has been critically
injured or killed at the workplace, the employer must
immediately notify the Ministry of Labour Health & Safety
Contact Centre, the joint committee (or health and safety
representative) and the union, if there is one. This notice
must be by telephone or other direct means. Within 48
hours, the employer must also notify, in writing, a director of
the Ministry of Labour, giving the circumstances of the
occurrence and any information that may be prescribed
[section 51(1)].
Reporting an accident
Serious incidents, as defined under the Alberta Occupational
Health and Safety Act, must be reported to the OHS Contact
Centre. This notification is separate from any that are
required to be given to the Workers’ Compensation Board or
police. The employer is required to carry out an investigation
of the incident and make the report available to an OHS
Officer upon request. To learn more about incident reporting
and investigation, refer to the Occupational Health and
Safety Bulletin: Reporting and Investigating Injuries and
Incidents.
• When you report an incident, you will be asked
some questions about the work site (e.g. location of
the work site, name of the employer, number of
workers involved, and nature of the incident).
Important documents/websites for Alberta:

5. Additional information about emergency preparedness and response can be found
in the following documents:
CSA Standard CAN/CSA‐Z731‐03 (R2009), Emergency Preparedness and Response
CSA Standard Z1600‐08, Emergency management and business continuity programs
www.osha.gov/Publications/osha3088.pdf
How to Plan for Workplace Emergencies and Evacuations (OSHA Publication
3088, revised in 2001)

6. Additional information about emergency preparedness and response can be found
in the following documents:
CSA Standard CAN/CSA‐Z731‐03 (R2009), Emergency Preparedness and Response
CSA Standard Z1600‐08, Emergency management and business continuity programs
www.osha.gov/Publications/osha3088.pdf
How to Plan for Workplace Emergencies and Evacuations (OSHA Publication
3088, revised in 2001)