How the process works

Step 1: Investigation

Occupational Health and Safety or Employment Standards officers investigate work sites following an incident or complaint regarding workplace health, safety or fairness. These investigations typically take several months. If the officers conclude there are variations from the Occupational Health and Safety (OHS) Act, or the Employment Standards Code, the file is sent to Alberta Justice Crown Prosecutors for review.

Step 2: Laying charges

Following the legal review of the available evidence, charges will be laid if there is a reasonable likelihood of securing a conviction and if a prosecution is in the public interest. These charges must be laid within one year of the incident under the Employment Standards Code, and within two years of the incident under the OHS Act.

Step 3: Conviction and sentencing

Through the court process, an individual or company could be acquitted, found not guilty, or found guilty. Charges could also be withdrawn or stayed. If a judge determines the defendant is guilty, fines under the OHS Act can be up to $500,000 and/or imprisonment for six months. For an Employment Standards Code offence this could be a fine of up to $100,000 for a company or up to $50,000 for an individual.

OHS convictions may also result in creative sentences. Creative sentences under Section 41.1 of the OHS Act are paid to third parties that promote workplace health and safety. They may benefit post-secondary institutions, training programs, rescue societies and other organizations advancing workplace safety.

Beginning of Forever (MP4 Format)
Note: This is a 140 MB file and may take a few minutes to download.

This moving documentary, featuring Alberta judges, Crown Prosecutors, victims and their families, describes the investigation process through to potential charges and prosecution (2008, 22 minutes).

To order a DVD version with additional features, contact Occupational Health and Safety at 1‑866‑415‑8690.