A few high-level comments on these legal obligations as found in Alberta’s Occupational Health and Safety Act <thread>

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#ableg #abpoli #COVID19 https://twitter.com/tim4hire/status/1251840288936603649

It is the obligation of every employer to ensure “as far as it is reasonably practicable to do so” the health and safety and welfare of workers engaged in the work of that employer”. To this end, the employer has to ensure there are supervisors who are competent and trained.

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As soon as #COVID19 was identified as something dangerous to health and safety, the owner must communicate that information to employees and the employer. This can include notifying employees if any worker has tested positive for the disease.

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Employees have the right to refuse to work in unsafe conditions and cannot be disciplined for exercising that right. Employers must make sure employees are aware of that right and that there are procedures in place for investigating and addressing concerns regarding safety.

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A joint work site health and safety committee, composed of workers and employer representatives. These representatives must receive training and participate in the identification of hazards to workers.

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If either of the employer or worker representative co-chairs of the joint committee request it, a special meeting of the committee must be held to deal with urgent concerns at the work site. There are rules regarding, inter alia, quorum and minutes for these meetings.

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Any violation of the above can result in administrative penalties. These are in the nature of fines and do not carry the same moral culpability of offences. The maximum penalty is $10,000 per day or part thereof the contravention continues.

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Those who violate the Act can also be liable for offences for more serious contraventions. In the case of a first offence, the maximum penalty is $500,000 plus $30,000 for each day the offence continues and to imprisonment for up to six months.

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In addition, the Criminal Code provides that any person directing work has a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work. Omitting to perform this duty is criminal negligence.

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Anyone guilty of criminal negligence is liable to imprisonment for up to 10 years if that criminal negligence causes bodily harm. If the result is death, the maximum imprisonment is life.

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Obviously, the mere fact that a worker is injured or becomes sick at or because of work doesn’t mean the employer is automatically liable. The obligation under the Occupational Health and Safety Act is “reasonably practicable.” This will depend on the specific facts.

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Guidance given by public health will, of course, be highly relevant to determining what is reasonably practicable. But it is entirely possible that simply following public pronouncements by health officials on appropriate measures is not adequate.

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The measures an employer takes, both proactively and reactively, matter. How the employer responded to any news of #COVID19, especially to any concerns raised by workers and when it learned one or more employees were infected, matters.

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Also, anything the employer did in advance matters. Was public health or relevant experts consulted on how best to ensure safety for its workers? Were measures put in place, such as to increase social distancing, disinfecting, testing workers or providing PPE, proactively?

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An investigation can and should confirm if employers have met their obligations. The consequences for failure, as we have seen, could include not just serious illness and death to workers but also contribute to the broader public health emergency.

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It is very unfortunate that the Government, including the Minister of Agriculture and officials from the Premier’s Office, had downplayed the seriousness of an employer potentially failing to meet its legal obligations. The Government must not prejudge investigations.

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It is particularly unfortunate because the best way to protect worker health and safety is to make sure that this is a priority for employers. Deterrence—the expectation that a failure to comply with obligations will result in serious liability—is an important tool.

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On 28 April, Canada observes the National Day of Mourning to remember those who have lost their lives, or suffered injury or illness on the job due to a work-related tragedy.

Let’s all commit to a country where the list of people to remember grows as slowly as possible.

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