Occupational Health and Safety Act of Alberta

Question: Discuss about the Occupational Health and Safety Act of Alberta. Answer: Introduction: In Alberta there has been an Occupational Health and Safety Act, Regulation and the Code. The Occupational Health and Safety Act (OHS) came into effect July 1, 2009 (Health Sciences Association of Alberta, 2012). But the OHS Act has been the enabling legislation, which was applicable on all the individuals of the state. The OHS regulation on the other hand, includes administrative general requirements, and the Code includes some practical facts. The OHS Act which was provided under the Act of Alberta has been observed to be applied to all the workplaces which were under the provincial jurisdiction. But at the same time it has an exception that it does not apply to the family farming and ranching and domestic servants (Government of Alberta, 2017). Recently, an (OHS) Regulation Amendment was established in 2013 after a wide-ranging evaluation of public at large. The amendments in the Act have incorporated: New necessities on taking action on hazardous work circumstances; Regulations on delivering commands by electronic way or messenger; Definitions and Standards were modified, etc (Government of Alberta, 2017). Also in 2016, Bill 208 was introduced and an Occupational Health and Safety (Protection from Workplace Harassment) Amendment Act, 2016 came into being (Wendel, 2016). This Bill was introduced to address workplace harassment by making provisions which deals with aggravation which were mentioned in the OHS Act of Alberta (Government of Alberta, 2017). A definition of harassment was incorporated by the amendment as there has been an immense increase in the occurring of such events. So, the employers were required to establish and manage a workplace aggravation policy and examine grievances of office aggravation (Zurbrigg, 2013). The scope of the OHS Act has been wide as it covers most of the workers and the employers which has been there in the province of Alberta. The Alberta OHS Act covers all employees who were mentioned above but it do not include the workers who work in the industries such as: Domestic Workers such as servants and housekeepers of the house; Employees of the Federal government; Employees who work in a federally regulated organizations such as Radio stations, Television, etc (Government of Alberta, 2017). Bank sector such as Chartered Banks of Canada; Marine distribution; Providing services of the Ferry and Port; Air transportation services which include Airports, Aerodromes and flights; Railway sector; Transportation of goods and services by way of road that includes going out of the regional or International boundaries of the state; Building of Dams; Business of making pipelines, etc (Government of Alberta, 2017). At the same time, as per the new innovative and novel amendments which have been made in 2016. As from todays time now farms and ranches of the workers which were with at least one waged, family worker were also covered by the elementary standards which were outlined in the OHS Act (Government of Alberta, 2017). The province was presently in consultation with the industry to inculcate detailed rules and standards for the industry. So, from now OHS standards would only be applicable to an operation if a paid employee was present on the farm or ranch, and then only in connection to those waged people (Government of Alberta, 2017). Purpose and Overview of the Act The purpose of the legislation was the security of the health and safety of the employees in Alberta (Government of Alberta, 2017). It dispenses the everyday jobs of the employees, institute minimum standards; grant permission for enforcement, and outlines penalties for the non-compliance of the rules. More particularly, these laws: The aim of the Act was also to avoid harms, diseases and deaths of the employee were which was caused due to workplace hazards (Government of Alberta, 2017). This legislation was managed by Alberta Human Resources and Employment (AHRE) and is enforced by OHS Officers (Mullen, 2012). It has certain major sections such as: Section 2: Obligations of employers, workers etc.; Section 9: Order to remedy unhealthy or unsafe conditions, etc. Identify and describe two employment related situations A person X was working in the industry and at the site when he was working got himself injured severely as a result of which he died as a pully of goods broke down and fell upon his head. In this case section 18 of the OHS Act which states serious injuries and accidents would be applicable. As, it was specifically stated that if a person got himself injured or accidents including death if caused at the work place then the director would be notified as soon as possible about the injury. And then there would be an investigation which should be made and a report for the same should be made. If the main contractor or the regulated person i.e. employer who had a obligation to safeguard the employees have contravened his duty then there would be penalty not exceeding: In the matter of a violation or a failure to comply stating that it the same behavior continues for more than one day then $10 000 for each day or part of a day on which the violation or failure to comply takes place or continues. A an employee was working without using the tools which were controlled and for these no training was provided to make use of the machines as a result of which he or she caused severe injury. In this case section 80 of the Act would be applicable which includes controlled products as if a worker was indulged in making use of controlled goods then it has been the duty of the prime contractor or employer to make sure that: A worker who works with a controlled good or in immediacy to a controlled good get adequate education, lessons or training. Such training must be given with reverence to the controlled good as per the requirements of the code which has been adopted. So, it could be stated that in this case the employer violated not only section 30 but also have contravened section 2 which clearly states the obligations of the employer. Therefore, if an officer was of the belief that a regulated person i.e. the employer: Has violated a section of this Act, the rules or an adopted code then he may, by give a notice in writing given to the employer. The notice may require the employer to pay to the Crown an administrative fine in the sum which was set out in the notice and would also bear the consequences and costs which were specified above. References Alberta Municipal Health Safety Association. (2017). OHS LEGISLATION. Retrieved on 18th January 2017 from: https://www.amhsa.net/resources/faqs/ohs-legislation/ Government of Alberta. (2017). Employers Guide to Occupational Health and Safety. Retrieved on 18th January 2017 from: https://work.alberta.ca/documents/OHS-bulletin-LI009.pdf Government of Alberta. (2017). Legislation. Retrieved on 18th January 2017 from: https://www.learnalberta.ca/content/kes/pdf/or_os_am_wss_04_leg.pdf Government of Alberta. (2017). Occupational Health And Safety Act. Retrieved on 18th January 2017 from: https://www.qp.alberta.ca/documents/Acts/O02.pdf Health Sciences Association of Alberta. (2012). Understanding the Legislation. Retrieved on 18th January 2017 from: https://www.hsaa.ca/effective-representation/understanding-legislation Mullen, L. (2012). Alberta Employers and Workers Who Violate Albertas Safety Laws Face Stiffer Penalties. Retrieved on 18th January 2017 from: https://www.occupationalhealthandsafetylaw.com/alberta-employers-and-workers-who-violate-alberta%E2%80%99s-safety-laws-face-stiffer-penalties Wendel, C. (2016). New Alberta Bill 208 seeks to provide protection against workplace bullying. Retrieved on 18th January 2017 from: https://www.occupationalhealthandsafetylaw.com/new-alberta-bill-208-seeks-to-provide-protection-against-workplace-bullying Zurbrigg, T.S. (2013). Canada: Legislative Update: A Primer On The Recent Changes To Alberta's Occupational Health And Safety Act. Retrieved on 18th January 2017 from: https://www.mondaq.com/canada/x/228696/Health+Safety/Legislative+Update+A+Primer+On+The+Recent+Changes+To+Albertas+Occupational+Health+And+Safety+Act