Employer obligations for the safety of employees on their own
Question: What are an employer's health and safety obligations for employees who work alone?
Answer: Many workers routinely work alone at their worksites, for instance convenience store clerks, truck drivers and security guards. Those workers are subject to enhanced workplace health and safety risks, as assistance is often not readily available in the event of an emergency or if the worker is injured or ill.
An employer's health and safety obligations toward workers who work alone are governed by Occupational Health and Safety (OHS) legislation. Five Canadian provinces have specific “working alone” provisions in their OHS legislation, specifically Alberta, British Columbia, Manitoba, New Brunswick and Saskatchewan. While the “working alone” provisions vary between the jurisdictions, the common purpose is to mandate measures and safety precautions to ensure the safety of workers working by themselves. Further, while the remaining provinces and the federal government do not have specific legislative provisions regarding “working alone,” the Canada Labour Code and OHS legislation in all provinces require that employers maintain a safe working environment for their workers. As such, workers in all jurisdictions should be afforded a similar degree of protection when working alone.
In Alberta, Part 28 of the Occupational Health and Safety Code, 2009, sets out specific rules governing situations where employees work alone. To fall under the “working alone” protections in Part 28, a worker must be working alone at a work site where assistance is not readily available if there is an emergency or the worker is injured or ill. Once a worker meets that definition, the code imposes special obligations on the employer. First, the employer must assess the work site to identify existing and potential hazards as well as measures needed to correct any hazards. Second, the employer must establish an effective communication system to provide the worker with a method of signaling need for assistance. This communication system can consist of radio communication, landline or cellular telephone communication or some other effective means of electronic communication. The key is to ensure that workers who require assistance have the ability to contact someone capable of providing such assistance.
Even with effective communication equipment, there may be times when a worker is unable to use such equipment to signal for help. As such, the employer must establish a system where regular contact is initiated by the employer or the employer's designate at intervals appropriate to the nature of the hazard associated with the work. Further, In the event effective electronic communication is not practicable at the particular work site, the employer must ensure that the employer or its designate visits the worker or the worker contacts the employer at intervals appropriate to the nature of the hazard associated with the work.
