Who can be charged
A prosecution is initiated when charges are laid against a work site party. Work site parties regulated by the OHS Act include:
- service providers
- prime contractors
- self-employed person
- temporary staffing agencies
Each investigation includes:
- physical and/or photograph evidence
- witness statements
- third party expert analysis, where relevant
- the OHS investigation report summarizing the circumstances of the incident
If an OHS investigation determines that a violation of the OHS Act Regulation or Code has caused a fatality or other serious incident, the incident file may be sent to Alberta Justice for review.
After incident files are reviewed by Alberta Justice, charges will be laid if:
- there’s a reasonable likelihood of a conviction and
- the prosecution is in the public interest
Under the OHS Act, charges must be laid within 2 years of an incident.