According to the OHS Act, injuries and incidents have to be reported to the Government of Alberta if they:

1. result in a death;
2. cause a worker to be admitted to hospital for more than two days;
3. involve an unplanned or uncontrolled explosion, fire or flood that causes or has the potential to cause a serious injury;
4. involve the collapse or upset of a crane, derrick or hoist; or
5. involve the collapse or failure of any component of a building or structure necessary for the structural integrity of the building or structure.

These incidents must be reported to the OHS Contact Centre as soon as possible: 1‑866‑415‑8690, or 780‑415‑8690 in the Edmonton area. If you are unsure, report the injury or incident.

When you report an incident, you will be asked some questions about the work site, such as the employer’s name, where the incident occurred and what happened.  Once the information has been collected and confirmed to fall under the jurisdiction of OHS, an Officer will be assigned, and will contact you as soon as possible.  For more information, see Reporting and Investigating Injuries and Incidents.

An acceptance allows an employer to use a tool, appliance, piece of equipment, process, or first aid service, supplies or equipment different than what is specified in the legislation. The alternative must provide equal or greater protection to workers than what is required by legislation.

An acceptance must be applied for by an employer, and is granted by a Director (of Inspections, Medical Services or Occupational Hygiene, as appropriate).

The acceptance is specific to the employer applying for it, and will have terms and conditions prescribed by the Director.

For more information or to apply, please contact OHS at 1‑780‑427‑2687.

Employers may wish to apply for a permit to either Employment Standards or Occupational Health and Safety. Information for both is provided below:

Employment Standards

An employer may apply to the Director of Employment Standards for a permit in the following situations:

• Adolescent employees (ages 12, 13 and 14)
• Extended Hours of Work
• Extended Days of Work
• Extension to Overtime Banking Period

Occupational Health and Safety

In Alberta, any worker who handles, prepares, fires, burns or destroys an explosive must hold a valid permit issued by the Ministry or a valid inter-provincial permit acceptable to the department.

Employers may file an appeal of an order under the Employment Standards Code or the OHS Act. Information for both processes is provided here:

Employment Standards

An employer may file an Employment Standards appeal with the Umpire in the following circumstances:

• where an employer disagrees with an order of officer;
• where an employer is affected by a single employer declaration issued by the Director of Employment Standards;
• where an employer disagrees with the Director’s collection notice;
• where an employer disagrees with the Director’s reinstatement order of an employee or a compensation order;
• where a director of a corporation disagrees with the certificate issued by the Director of Employment Standards; and
• where an employer is affected by a minimum wage exemption permit.

The notice of appeal must be received by the Employment Standards Registrar within 21 days of the date of service, or be postmarked by the Canada Post Corporation within 21 days from the date of service. To learn more, see the Employment Standards Umpire Hearing Fact Sheet.

Occupational Health and Safety

An employer may file an appeal of an order under the OHS Act. An order issued by OHS can be appealed by serving a notice of the appeal to a Director of Inspection within 30 days from the date the order was served. Once received, the appeal will be heard by the Occupational Health and Safety Council.

An employer who intends to terminate 50 or more employees from a single location is required by law to provide the Minister with four weeks’ written notice of their intention to do so. See Notice to Minister of Group Termination/Layoffs.

Employment Standards staff provide hands-on training designed to provide employers and other participants with a better understanding of their rights and obligations under the Employment Standards Code. For more information on workshops, or to register, see Education and Promotion.

A Certificate of Recognition is awarded through the Partnerships in Injury Reduction Program to employers who develop health and safety programs that meet established standards. Certificates are issued by the Ministry and are co-signed by Certifying Partners.

In order to work with asbestos, workers and employers must follow the OHS Code. The Code requires that employers give advance notification of asbestos projects. A Notification of Project can be submitted by completing a copy of the notification form, and sent either by email or fax.

The Director will then appoint a mediator from a Designated Mediator Roster. The government pays for the first two calendar days of mediation.  After the second day, the costs are shared equally by the parties involved in the mediation. The mediator’s fees and expenses are paid according to the Fee Schedule.

To apply for the appointment of a mediator, complete the Mediation Application Form and submit it, along with the supplemental information requested, by email or mail to the address on the form.

The Labour Relations Code requires each of the parties to a collective agreement to file a copy of the collective agreement with the Director of Mediation. To file a collective agreement, please submit a copy in pdf form by email.

Collective agreements are considered public documents and are available online. To begin searching, go to Collective Bargaining Agreements.

For more information on collective agreements, see Frequently Asked Questions.

When a union or employer cannot agree on a single arbitrator or chair of an arbitration panel, either party can apply to the Director of Mediation to appoint an arbitrator from the Grievance Arbitration Roster.

The Director will also appoint a member or “nominee” to an arbitration panel if either side does not appoint one. For further information on this process please contact Mediation Services.

During certain time periods, employees may choose to be represented by a different or no union. Employees interested in having no union represent them file a revocation application during an allowed window or “open period”. If an employee-initiated revocation meets the Labour Relation Code’s requirements, the Board orders a vote on the matter. The affected employees are allowed to vote.

Anyone can attend a Board hearing. As hearings do get cancelled or rescheduled on short notice, you should contact the Board to confirm location and time of any hearing. Upcoming hearings are posted on the Board website daily.

An application, complaint or reference must be filed in order for the Board to take action. For example, if a trade union wishes to become the exclusive bargaining agent for a group of employees, they file a certification application. Similarly, if a union and employer cannot determine if an employee should be in a bargaining unit, they may refer the question to the Board.

The Board has created a number of application forms. These are available in the Calgary and Edmonton Board offices. You can also download these forms from the Board’s website. Some applications are, however, made to the Board simply by letter. If you have questions about how to file an application, please contact one of the Board’s officers.

We provide Employment Standards, Occupational Health and Safety and Labour Relations information to employers, workers, workplace consultants and other Albertans. The information helps employers manage their workplaces, and assists workers in getting paid, staying safe at work and resolving labour disputes.

Employment Standards

Employment Standards helps Alberta employers and employees understand and follow employment standards through:

• Telephone counselling services
• Educational programs
• Investigations and compliance initiatives

Telephone Counselling Services

Telephone counselling services are available through the Employment Standards Contact Centre: 1‑877‑427‑3731 or dial 780‑427‑3731 in Edmonton and surrounding areas.

Counsellors can address a broad range of employment standards questions and issues during regular business hours (8:15 a.m. to 4:30 p.m.).

Recorded messages on core employment standards are available 24 hours a day.

Employers and employees who fall under federal jurisdiction should contact the Federal Labour Program of Human Resources and Social Development Canada at 1‑866‑713‑4397 for information about their rights and responsibilities. For more information about workplaces under federal jurisdiction, see Federal Legislation.

Educational Programs

Employment Standards provides hands-on training designed to provide employers and other participants with a better understanding of their rights and obligations under the Employment Standards Code. For more information on workshops, or to register, see Education and Promotion.

Investigations and compliance initiatives

When employees believe they have received less than minimum employment standards and are unable to resolve the matter with their employer, Employment Standards will investigate the matter on receipt of a written complaint.

Employees who want to file a complaint with Employment Standards must file within six months of the date on which their employment terminated. See the Complaint Resolution Process Fact Sheet.

For more information on employer and employee obligations under the Employment Standards Code, and the dispute resolution process, see The Employment Standards Compliance Policy.

Occupational Health and Safety

Occupational Health and Safety promotes health and safety through partnerships, education and enforcement of the OHS Act.

OHS is different than the Workers’ Compensation Board:

• OHS is a branch of the government (part of Employment and Immigration) while the WCB is an independent organization that is entirely funded by employer contributions.
• OHS focuses on prevention of workplace injuries and illnesses while the WCB is an insurance program that helps injured workers return to work and obtain compensation for lost wages.

Labour Relations

The government provides a fair and balanced framework for labour relations and the resolution of disputes.

In addition to developing policy, the government provides information on labour relations trends and issues and on collective bargaining agreements.

Mediation Services appoints mediators to assist parties in resolving collective bargaining disputes and appoints arbitrators to resolve grievance disputes.

Mediators are appointed by the Director of Mediation Services from a Designated Mediator Roster. Once a mediator is appointed, their job is to assist parties in resolving a collective bargaining dispute.

If parties cannot resolve their differences through mediation, the Labour Relations Code describes the processes for strikes and lockouts, and various Dispute Resolution Methods including compulsory arbitration.

Employments Standards, Occupational Health and Safety, and Labour Relations legislation applies in the following circumstances:

Employment Standards

Nearly all employers and their employees in Alberta are subject to the standards set out in the Employment Standards Code and Regulation. The Code applies to employers who employ part-time, full-time, casual, temporary, student, pieceworker, commissioned sales and salaried employees. The legislation also applies to union members or those covered by collective agreements. Collective agreements must meet at least the minimum employment standards.

NOTE: The Employment Standards Code includes sections regarding investigations and inspections that can result from complaints regarding an employer. For further information, see Legislation and Enforcement.

Occupational Health and Safety

The OHS Act applies to most workers and employers in Alberta.  The Act sets standards for the protection of workers throughout the province.

Labour Relations

Labour relations describes the relationships between employers, unions and employees covered by a collective agreement. If an employer has a collective bargaining relationship with a bargaining agent, then the Labour Relations Code or other labour legislation may apply.

The federal government, its agencies and boards, and other federally regulated industries such as banking, telecommunications and interprovincial transportation fall under the jurisdiction of federal employment standards, occupational health and safety and labour legislation. 

To find out if you are a federally regulated business or industry, please contact Federal Employment Standards.

Employment Standards

Yes, certain minimum standards do not apply to farm or ranch employers engaged in certain listed primary production, or primary agricultural employers who produces cultured fish.  Also exempted from certain minimum standards are those who employ:

• ambulance attendants
• caregivers
• construction industry employees
• oilwell servicing industry employees
• taxi cab industry employees
• trucking industry employees
• others listed in the Regulation

To learn more, please see the Employment Standards Regulation.

Occupational Health and Safety

Some industries and occupations are exempt from Alberta’s OHS legislation. They include:

• domestic workers, such as nannies or housekeepers
• farmers and certain agricultural workers

To learn more, please see the Occupational Health and Safety Act and Regulations.

The minimum standards of employment are set out in the employment standards legislation. All Alberta employers are expected to fully comply with them. The core standards are described in the following fact sheets:

• Employees Under Age 18
• Employment Standards Tool Kit for Employer
• General Holidays and  General Holiday Pay
• Hours of Work, Rest Periods and Days of Rest
• Maternity Leave and Parental Leave
• Minimum Wage
• Overtime Hours and Overtime Pay
• Payment of Earnings
• Reservists Leave
• Termination of Employment and Termination Pay
• Vacations and Vacation Pay

For more information, see Alberta’s Employment Standards Code.

Employment and Immigration conducts a periodic review of suggestions for changes to the OHS Code. The process for updating the Code is currently under review. To stay informed about the Code review process, including your opportunity for input into the consultation process, subscribe to Occupational Health and Safety eNews.

A health and safety management system is a proactive approach to minimizing the risk of injury or illness to workers. The elements of a system include:

• management commitment
• hazard identification and assessment
• hazard control
• worker competency and training
• inspections
• emergency response planning
• incident investigation
• system administration

Certifying Partners offer courses on implementing health and safety management systems. Contact your Certifying Partner for more information.

Employers are obligated to ensure, as far as is reasonably practicable, the health and safety of workers on the site. They must identify and control existing and potential hazards at the worksite. In addition, there are specific obligations identified in the OHS Code.

A hazard is any situation, condition or thing that may be dangerous to the safety or health of workers. It has the potential to cause and injury or illness.

The OHS Code requires that the employer assess a work site and identify existing or potential hazards before work begins, and identify methods to control the hazards.

Assessing hazards means looking at anything that could harm workers and asking “what could go wrong”.  This needs to be done in a systematic way to ensure that all hazards have been identified.

Once hazards have been identified they need to be eliminated or controlled.

The OHS Explanation Guide provides more information about assessing and controlling hazards.

Many health and safety associations and consultants offer courses on this as well.

Alberta has several acts and codes that cover labour relations in the province. The Labour Relations Code covers most employers and unions, including those in health care and construction. Several regulations supplement this legislation, including:

• Construction Industry Jurisdictional Assignment Plan Regulation
• Construction Industry Labour Relations Regulation
• Market Enhancement Recovery Fund Distribution Regulation
• Regional Health Authority Collective Bargaining Regulation
• Horizon Oils Sands Project Designation Regulation

The following acts govern labour relations for certain groups:

Public Service Employee Relations Act – covers the bargaining relationships for the provincial government and provincially appointed boards and agencies and their employees.

Police Officers Collective Bargaining Act – covers police working in the province, excluding the RCMP.

Post-secondary Learning Act – governs the bargaining relationship between academic staff and the institutions that employ them.

Burial of the Dead Act  – allows the government to ensure continued service in the event of a strike or lockout that could affect the burial of persons.

A collective agreement is an agreement in writing between an employer or an employers’ organization and a bargaining agent (normally a union or employee association). It contains the terms or conditions of employment, including a grievance process, for a group of employees known as a bargaining unit.

Alberta’s legislation provides Dispute Resolution Methods to assist in resolving collective bargaining disputes including mediation, Disputes Inquiry Boards and Compulsory Arbitration Boards.

The Alberta Labour Relations Board (ALRB) is an independent and impartial tribunal responsible for the day-to-day application and interpretation of Alberta's labour laws. The role of the ALRB is to interpret and apply the legislation governing collective bargaining including:

• how and under what conditions a trade union may claim the status of exclusive bargaining agent for a group of employees;
• how the employer and union must bargain to reach or renew a collective agreement;
• what kinds of union and employer conduct is prohibited; and 
• when the parties to a labour dispute have recourse to a strike or lockout.
  

The Board website provides information on Strikes, Lockouts and Picketing including definitions of terms and answers to questions like, “Do my benefits continue when I am on strike or locked out?” and “What happens during an illegal strike or lockout?”

Employment Standards’ complaints, investigations or general inspections follow a standardized process to ensure all parties are informed and aware. Depending on the violations observed, Employment Standards Officers may use a variety of enforcement actions. For a full explanation of the Compliance Enforcement Process followed by Employment Standards, see How the Employment Standards Enforcement Process Works.