Changes to the Occupational Health and Safety Act and revised regulations take effect on December 1, 2021. Read more about the changes to OHS laws.
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
- contracting employers
- prime contractors
- 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 and Solicitor General for review.
After incident files are reviewed by Alberta Justice and Solicitor General, charges will be laid if:
- there is 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.
Active OHS charges
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