New rules coming into force involve first-aid kits, site orientation, noise protection
In order to bring about a “modernization” of safety codes in Alberta, the government is mandating a raft of new rules for many workplaces.
The main purpose is modernization of the code, which hasn’t been significantly updated since 2009, according to John Agioritis, partner at MLT Aikins in Saskatoon.
“In this round, the government seems to have focused their amendments to the areas which they determined required the most immediate updates.”
When it comes to the impact of the mandated changes, “generally, they’re quite niche and related to specific industries and sectors within those industries,” says Chris Boettcher, associate in the labour and employment group of McCarthy Tétrault in Calgary.
“By and large, there’s not a lot of new areas being raised by these changes. The changes themselves are largely administrative and mainly aimed at removing duplication and clarifying certain requirements in the legislation.”
The government, in making these changes, is enacting a “red-tape reduction method”, he says, “to remove that duplication [and] make these things easier to understand for people who have to follow these obligations.”
B.C. also put recently some teeth into its new OHS regime and “WorkSafeBC is now making a concerted effort to get in the face of those employers,” says another lawyer.
First-aid rules revamped
For most employers in the province, first-aid requirements are being subjected to change, says Agioritis.
“The government of Alberta has indicated their top guiding principles in the review process relating to these updates were to protect the health and safety of workers, that the changes are necessary, as demonstrated by evidence.”
A transportation plan for injured workers will have to be implemented by March 31, he says, and safety education efforts and kits will have to meet new standards.
“All employers are going to be required to update their first-aid kits and determine whether they’re compliant as of March 31, as well as ensuring that the training that they’ve given their employees and first aiders meets the requirements of the new CSA standard.”
“That was a pretty significant change,” he says.
In the oil and gas sector, educating new employees at the work site will become more formalized, says Boettcher.
“For example, if it’s an employer or a prime contractor dealing with oil and gas wells, they have a new obligation to provide orientation to workers that are coming onto that site.”
That orientation could be quite extensive, according to Agioritis.
“It needs to include a number of specific components that have been outlined in the new code, including site-specific hazards, work procedures that need to be followed; hazard controls — having an emergency response plan, for instance, and processes for reporting hazards, and other processes for addressing undue hazards.”
Noise protection for workers is another key area that will have to be addressed by employers.
“The key changes in that component of the code include a reduced threshold for conducting a noise-exposure assessment from 85 decibels to 82 decibels and so, where that hasn’t been done before, or isn’t part of your requirements, that’s going to be a new change,” he says.
‘Broad-based consultation’
In coming up with the new regime, the government made a concerted effort to speak with the affected stakeholders.
“There was an online survey that was conducted regarding the updates in spring of 2021, when Alberta received 1,200 responses from employers, industry, labour groups and workers and so there has been broad-based consultation in respect of the changes. It appears that a number of the respondents approved of the proposed changes so there’s been some consultation,” says Agioritis.
Quebec also made major changes to its safety regime, which hadn’t been done for decades.
For HR departments, workplaces must become compliant by the end of March.
“I think to the extent that they have joint responsibility with occupational health and safety in the workplace, there definitely will be an impetus to go see if these changes apply to them, specifically the first-aid requirements, and then to implement any changes that are required,” says Boettcher.
