Canadian workplace safety law is built on three legal roles: employer, supervisor, and worker. Each has specific duties defined by the applicable provincial or federal Occupational Health and Safety Act. This guide summarises those duties, explains how they interact, and identifies where failure to meet them creates personal legal liability.
The Three-Level Framework
Every Canadian OHS system, provincial or federal, works on the same structure:
- The OHS Act — the enabling legislation. In Alberta this is the Occupational Health and Safety Act.
- The OHS Regulation — specific requirements passed under the Act (workplace inspections, JHSC rules, incident reporting thresholds).
- The OHS Code — the detailed technical requirements (fall protection, confined space, hazardous chemicals, cranes, etc.). Alberta’s OHS Code has 41 parts covering every industrial hazard category.
Federally regulated industries (banking, telecommunications, interprovincial trucking, aviation) follow the Canada Labour Code Part II, which has an equivalent Act-Regulation-Code structure.
Employer Duties (Alberta OHS Act Section 3)
The employer — the corporate entity or individual who employs workers — must:
- Ensure, as far as reasonably practicable, the health and safety of workers
- Ensure workers are aware of their rights and duties under the Act, Regulation, and Code
- Provide information, instruction, training, and supervision necessary to protect health and safety
- Maintain a health and safety program (mandatory in Alberta for workplaces with 20 or more regular workers for 90+ consecutive days)
- Establish a joint health and safety committee (JHSC) for workplaces of 20+, or appoint a health and safety representative for 5–19 workers
- Report serious injuries and fatalities to Alberta OHS immediately (via 1-866-415-8690)
- Cooperate with OHS officers, joint committees, and representatives
Supervisor Duties (Alberta OHS Act Section 6)
A supervisor is anyone in charge of a worksite or worker — foreman, lead hand, project manager, shift supervisor. Legal duties:
- Take all reasonable steps to protect the health and safety of workers under their supervision
- Ensure workers use required PPE, follow safe work procedures, and comply with the Act, Regulation, and Code
- Advise workers of any known or reasonably foreseeable hazard
- Cooperate with the joint health and safety committee or representative
Supervisors are personally liable for OHS violations occurring under their supervision. Alberta OHS routinely names supervisors as respondents in prosecutions, and Bill C-45 extended criminal liability to “persons directing work” under the federal Criminal Code.
Worker Duties (Alberta OHS Act Section 5)
Every worker must:
- Take reasonable care to protect their own health and safety and that of others who may be affected by their actions
- Use required personal protective equipment and follow safe work procedures
- Cooperate with the OHS system — supervisor, JHSC, OHS officers
- Report hazards and incidents to the supervisor
- Not initiate or participate in workplace violence, harassment, or bullying
Worker Rights — The Other Half of the Contract
Alongside duties, every Alberta worker has three fundamental rights:
- Right to know about workplace hazards — this drives WHMIS, SDS access, and safety training requirements.
- Right to participate in workplace safety decisions — through JHSCs and representatives.
- Right to refuse unsafe work without reprisal — protected by OHS Act Section 31 (see our Section 31 guide).
WCB, OHS, and How They Interact
OHS and WCB are two separate systems:
- Alberta OHS is the enforcement body for workplace safety law. It investigates incidents, issues orders and administrative penalties, and prosecutes violations.
- WCB Alberta is the no-fault compensation system. It pays medical costs and wage replacement for injured workers, and it prices employer premiums based on industry rate and claim history.
An incident may trigger both. WCB pays the worker regardless of fault. OHS separately investigates whether the incident could have been prevented and whether legal duties were met.
Penalties for OHS Violations in Alberta
Alberta OHS can issue:
- Compliance orders requiring specific fixes within a defined timeframe
- Stop-work orders halting the work until the hazard is controlled
- Administrative penalties up to $10,000 per contravention (increased in recent years)
- Ticketable offences with set fines for specific violations
- Prosecutions for serious violations — corporate fines up to $500,000 for first offence, $1,000,000 for subsequent; individual fines up to $150,000 plus possible imprisonment
Bill C-45 criminal charges can additionally apply where death or serious harm results from wilful disregard of safety duties.
Building a Compliant Workplace
The employer’s health and safety program is the anchor. Elements include: written policy signed by senior leadership, hazard identification and assessment procedures, safe work procedures, training and competency records, PPE program, emergency response plan, incident investigation process, and JHSC minutes with follow-up. See our detailed guide on the benefits of a safety management program including COR certification through Alberta’s Partnerships in Injury Reduction (PIR).
Bill C-45 — When Workplace Safety Failure Becomes Criminal
Federal Bill C-45 (in force since 2004) amended the Criminal Code to impose a legal duty on all persons directing work to take reasonable steps to prevent bodily harm. Under Section 217.1 of the Criminal Code:
Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.
Breach of this duty resulting in death or serious injury can be prosecuted as criminal negligence causing death (maximum life imprisonment) or criminal negligence causing bodily harm (maximum 10 years). Charges can be laid against individuals (supervisors, managers, executives, directors) and against corporations. Corporate criminal fines have no statutory maximum — Metron Construction paid $750,000 in Ontario’s landmark 2013 Bill C-45 case, plus a $250,000 forfeiture and court surcharges.
Bill C-45 charges are rare compared to OHS prosecutions but their existence changes the calculation for organisations at every level. A documented, implemented safety program is the primary evidence of “reasonable steps” that a defence relies on.
The COR / SECOR System — Alberta’s Voluntary Certification
Alberta’s Certificate of Recognition (COR) is a voluntary safety-program certification issued through Certifying Partners (Energy Safety Canada, Alberta Construction Safety Association, Alberta Municipal Health & Safety Association, etc.). Employers with 11+ workers pursue full COR; employers with 10 or fewer pursue SECOR.
Certification requires:
- A written safety program meeting Certifying Partner standards
- Documented implementation across all worksites and workers
- An external audit conducted by a qualified auditor
- Annual maintenance audits (internal in most years, external every third year)
Financial benefits:
- WCB Alberta Partnerships in Injury Reduction (PIR) premium refunds up to 20%
- Reduced commercial general liability insurance rates for many carriers
- Eligibility to bid on prime contracts requiring COR/SECOR (increasingly common in oil & gas, construction, and government)
- Positioned as evidence of “reasonable steps” under Bill C-45
Federal vs Provincial Jurisdiction — Which OHS Applies to You?
Most workplaces are provincially regulated. Federal jurisdiction applies to approximately 6% of Canadian workers, in specific industries:
- Banking, credit unions (federal), securities
- Broadcasting, telecommunications
- Interprovincial and international transportation (trucking, rail, air, shipping)
- Federally-regulated Crown corporations
- First Nations reserves for certain worker categories
- Uranium mining and nuclear facilities
These employers follow the Canada Labour Code Part II and the Canada Occupational Health and Safety Regulations, enforced by Employment and Social Development Canada’s Labour Program. The structure mirrors provincial OHS but with distinct reporting and enforcement.
Related Reading
- Basic Safety Training — Alberta Workplace Fundamentals
- Refusing Unsafe Work — Section 31 Explained
- Benefits of a Safety Management Program
Frequently Asked Questions
Who is legally responsible for workplace safety in Canada?
Employers, supervisors, and workers all have legal duties. Employers must provide a safe workplace. Supervisors must take all reasonable steps to protect workers under their supervision. Workers must protect themselves and co-workers, use PPE, and follow safe procedures.
What is a supervisor’s personal legal liability under Alberta OHS?
Supervisors are personally liable for OHS violations under their supervision. Alberta OHS routinely prosecutes supervisors as respondents, and Bill C-45 extended criminal liability to anyone directing work.
When do I have to report a workplace injury?
In Alberta, serious injuries and fatalities must be reported to Alberta OHS immediately at 1-866-415-8690. WCB claims must be filed within specific timeframes depending on injury type.
What is the difference between OHS and WCB?
OHS is the enforcement body for workplace safety law. WCB is the no-fault compensation system paying medical costs and wage replacement for injured workers. An incident may trigger both.
How large is my workplace before I need a joint health and safety committee?
In Alberta, workplaces with 20 or more regular workers need a joint health and safety committee (JHSC). Workplaces with 5–19 workers need a health and safety representative.
What is Bill C-45?
Federal legislation (in force since 2004) that added Section 217.1 to the Criminal Code, imposing a legal duty on anyone directing work to take reasonable steps to prevent bodily harm. Breach resulting in death or serious injury can be prosecuted as criminal negligence.
Which workplaces are federally regulated vs provincially regulated?
About 6% of Canadian workers fall under federal jurisdiction: banking, broadcasting, telecommunications, interprovincial transportation, federally-regulated Crown corporations, uranium mining, and certain First Nations workers. Everyone else is provincially regulated.
