EMPLOYEE SAFETY
Employee Safety: Working Alone
Are You Compliant With Provincial & Federal Legislation?
W
ere you aware that
occupational health and
safety (OHS) laws exist
at both the federal and
provincial levels?
Approximately 10 percent of the Canadian
workforce falls under the OHS jurisdiction
of the federal government (Canadian Labor
Code Part II). The remaining 90 percent of
Canadian workers fall under the legislation
of the province or territory where they work.
Though each province is distinct, there are
many similarities in provincial legislation
and the intent of the law.
Not only are there distinct health and
safety regulations in each province and
territory, but organizations can now be held
criminally responsible for serious violations
of OHS regulations. On March 31, 2004,
Bill C-45 officially became law. This
federal legislation amended the Canadian
Criminal Code (CCC), established new legal
duties for workplace health and safety, and
imposed serious penalties for violations
that result in injuries or death. Bill C-45
is separate legislation from existing OHS
acts. It established new rules for attributing
criminal liability to organizations for the
acts of their representatives, and established
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a legal duty for all persons directing the work
of others to take reasonable steps to ensure
the safety of workers and the public. If this
duty is “wantonly” or recklessly disregarded
and bodily harm or death results, an
organization or individual could be charged
with criminal negligence.
WHO DOES IT AFFECT?
Bill C-45 affects all organizations and
individuals who direct the work of others
anywhere in Canada. Employers failing
to comply with the legislation face serious
penalties.
In addition to Bill C-45, a number of
provinces have amended their OHS
legislation to specifically regulate situations
where employees are deemed to be
working alone. As of January 2014, these
jurisdictions include British Columbia,
Alberta, Saskatchewan, Manitoba, Quebec,
New Brunswick, Newfoundland and
Labrador, and Prince Edward Island. There
is also a brief mention of lone workers in
the Northwest Territories and Nunavut
regulations.
Though provincial regulations vary, a
few common principles apply. Employers
must conduct a hazard assessment, take
all reasonable measures to eliminate or
minimise the hazard, and provide an
effective communication system for specific
lone working situations.
It should be noted that while federal
legislation does not mandate the use of a
specific form of communication, it does
require that such communication be
“effective” with regard to the specific lone
working situation and risks. Provincial
legislation is more specific with respect
to communication, and in most cases,
it demands that an effective means of
communication be provided to lone workers
“to signal the need for assistance.” Certain
jurisdictions, like BC, go even further
with legislation that is quite specific with
respect to the employer’s obligations to
conduct interval checks on the well-being
of employees assigned to work alone or in
isolation, and mandates that employees
performing higher risk activities require
shorter check-in intervals.
A 2010 report by the Canadian Centre
for Policy Alternatives titled “Success Is
No Accident” sheds light on the declining
workplace safety concerns related to
employers under federal jurisdiction and
recommends that “all federal departments