Important to know

This process is not to be used for an appeal of a Discriminatory Action complaint or an Administrative Penalty.

The Alberta Labour Relations Board (ALRB) is responsible for hearing appeals of decisions arising from a Director Review, Administrative Penalty, Discriminatory Action investigation, or suspension / cancellation of a licence.

For Information specific to an appeal of this type under section 71(1) of the OHS Act, see Appeal an OHS action.

Overview

Within 30 days of receiving an order or decision of an OHS Officer, you can request a review of that order or decision by filing a request for a Director Review.

Who can make the request for a Director Review

Under the Occupational Health and Safety Act, the request can be made by any person to whom an order has been issued under section 59, 60 or 61, or who has received a decision issued under section 32.

Before requesting a review

Occupational Health and Safety (OHS) encourages you to contact the OHS Officer, or Manager to discuss the rationale and reasoning for the order or decision.

This may resolve any misunderstandings or communication issues, and may lead to a resolution.

How to request a review

Step 1. Write the request

When requesting a review of an order or decision made by an OHS Officer, refer to the following bulletin to assist you in filling out the request:

The request for review must be made in writing using the Request for Director Review of an Order/Decision form.

Ensure you include names and contact information of any person(s) you feel is directly affected by the order or decision.

The request and accompanying documents must be submitted by email or Canada Post. Regular mail must be postmarked within 30 days of receiving the order or decision, to be considered received within the legislated 30-day window.

Please ensure the form is fully completed, and signed as any missing or incomplete information may delay processing of the request.

Stay of Order or Decision

Once a request for Director Review is undertaken, you may also request a stay of the order or decision that is under review.

You can apply to stay an order or decision made by an Officer by filling out section ‘B’ of the Request for Director Review of an Order/Decision form.

You must provide written reasons for the stay request and, additionally, provide:

  • how the health and safety of workers will be assured if a stay is granted
  • what impact(s) will occur if the order/decision is not suspended
  • reasons as to why the order or decision should be stayed prior to review or appeal
  • any other comments or information you think may be helpful

The request for a stay of the order or decision will be shared with the affected/interested parties.

The decision made to approve or deny the stay request will be made on the analysis of the submissions and will be shared with the affected / interested parties.

Step 2. Attach supporting documents

Ensure a copy of the order or decision is attached to the request along with a written statement containing:

  • the parts of the order or decision requested to be reviewed
  • the reasons for the request for review
  • the outcome or remedy you are seeking (confirm, vary, revoke the order/decision)
  • a list of persons directly affected by this order/decision

You may also attach any additional supporting documents you wish to be considered.

Step 3. Submit the form(s) and supporting documents

Submit the form(s) and all supporting documents by email or mail:

Email: LBR.OHSDirectorofInspectionReview@gov.ab.ca

Mail:
Occupational Health And Safety, Director Reviews
Director of Inspections
J.G. O’Donoghue Building
Main Floor, 7000 113 street
Edmonton, AB  T6H 5T6

Requests sent by regular mail must be postmarked within 30 days of receiving the order or decision to be considered received within the legislated 30-day window.

After you request a review

The Director will review all documents, submissions and evidence presented to them, and make a decision in a timely fashion based on the information presented.

Decision

The decision will be communicated in writing to the requestor and all affected/interested parties.  The Director of Inspection is not required to hold a hearing before making their decision.

Appeal the Director review decision

If you have received a decision from a Director of Inspection Review, you can appeal that decision through the Alberta Labour Relations Board (ALRB) within 30 days of being served or given notice of the decision.

All forms, templates and guides are available through ALRB.

Information and privacy laws

As per privacy provisions of the Freedom of Information and Privacy Protection Act of Alberta, Alberta OHS will only use personal information for the purpose for which the data was obtained or complied.

Contact

To connect with OHS:

Phone: 780-415-8690 (Edmonton)
Toll free: 1-866-415-8690 
TTY: 780-427-9999 (Edmonton)
TTY: 1-800-232-7215

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