Whether or not the jurisdiction has legislation in place outlining after-hours safety, employers need to ensure safety
Working alone is not always hazardous, but it can be — especially when there is an injury or other emergency that arises. Working alone in public spaces that have a known tendency to attract violence has raised the issue to a new level. While there is no uniform “made in Canada” approach to protecting employees who work alone, various laws and regulations have been pieced together on a jurisdiction-by-jurisdiction basis.
British Columbia legislation
British Columbia has significant protections in place for employees working alone in its occupational health and safety general conditions regulations under section 4.22.1. Until recently, B.C. was the only jurisdiction with actual late-night retail regulations, which fall between the hours of 11 p.m. and 6 a.m.
B.C. requires employees be aged 19 or over and wear an employer provided personal emergency transmitter monitored by the employer, a security company or other person designated by the employer.
Saskatchewan
In 2012, the Saskatchewan government, by way of occupational health and safety amendment regulations ,created protections for late-night retail workers that become effective Jan. 1, 2013. The new regulations are specifically applicable to “late night retail premises,” defined as, “a place of employment open to the public between 11 p.m. and 6 a.m. for the purpose of retail sales to customers.”
Under this regulation, existing employers falling within the definition will be required to conduct workplace hazard assessments as soon as reasonably practicable after the day on which the regulation comes into force.
The new regulations require specific security measures:
• written safe cash handling procedure that minimizes the amount of money accessible to the worker
• video cameras that capture key areas including the cash desk and outdoor gas pumps (if applicable)
• ensuring good visibility into and out of the premises.
It also requires signs to be posted that states:
• the worker has limited accessibility to cash and valuables
• the use of video cameras on the premises.
Where there is only one worker working alone between the hours of 11 p.m. and 6 a.m., employers must also:
• implement a check-in system and a written check-in procedure for that worker
• provide a personal emergency transmitter to be worn by the worker that signals for emergency response when activated.
Arguably, workplace violence regulations in other jurisdictions, Nova Scotia for example, capture the retail sector and require a violence prevention program, but no specific conditions, requirements or standards exist as to what must be in such a program or policy.
Have B.C. and Saskatchewan raised the standard required by late-night retailers in light of the more general provisions existing in other jurisdictions? The key additional requirements of both provinces are mandatory use of signs, video cameras and providing a personal emergency transmitter. Viewing the history in both jurisdictions, the regulation of late-night retail seems mainly aimed at providing criminal deterrence.
Most late-night retailers already have similar systems in place, although it is doubtful that transmitter systems exist in every late-night retail outlet due to size and cost factors. Requiring staff to wear a personal emergency transmitter may ensure help and assistance arrives quickly if an emergency occurs, but it is too early to tell whether the standard is raised on the basis of this alone.
The question remains, “what standard will apply?”
Although the regulations in B.C. and Saskatchewan may be well intentioned, the uncertainty created for employers is unsettling. There is no indication what standard of due diligence will apply or whether a uniform standard will be applied to all employers, large or small. Given the wide range in approaches to protect late night retail workers in Canada, it may have to be demonstrated that late-night retail regulations that include use of personal emergency transmitters have a positive impact before other provinces react.
Rebecca Saturley is a partner at Stewart McKelvey in Halifax. She can be reached at (902) 420-3333 or [email protected].
