Province providing right to refuse dangerous work

Changes to labour law ‘significant advance for workplace safety’

The Alberta government introduced massive changes to provincial labour law Monday, trumpeting the overhaul as a way to better support injured workers and modernize health and safety rules in the workplace.

Amendments to the Occupational Health and Safety (OHS) Act included enshrining the right for employees to refuse dangerous work, creating work site health and safety committees and expanding rules to prevent workplace violence and harassment.

Proposed changes to the Workers’ Compensation Act included creating a lump-sum fatality benefit worth $90,772 for a worker’s loved ones, increasing benefits for young workers who suffer long-term injuries on the job, as well as launching an office to help people navigate the compensation system.

“With the changes ... we look forward to having a sustainable, fair, effective workers’ compensation system and we hope to see a reduction in injuries and illness through the occupational health and safety side,” Labour Minister Christina Gray said Monday.

OHS rules stipulate employees have a responsibility to refuse dangerous work, but that message doesn’t place enough of the onus for safety on employers, Gray said.

“By creating a right to refuse, we are essentially making it so that the employer becomes more responsible,” she added.

It’s one of the core changes praised by Alberta Federation of Labour president Gil McGowan.

“The new legislation removes all the ambiguity and makes it clear workers will not be harmed in any way; they will not face any reprisals,” he said.

The slew of changes outlined in Bill 30, An Act to Protect the Health and Well-being of Working Albertans, stem from the first comprehensive government review of the OHS act in four decades. An independent review of the WCB system likewise spurred the changes, marking the first overhaul of that legislation in more than 15 years.

“This is such a significant advance for workplace safety that it almost brings tears to my eyes,” McGowan said. “For decades now, Alberta has been a laggard when it comes to health and safety.”

Donna Van Bruggen spoke about the 2012 death of her son David Van Bruggen, 35, in Lethbridge.

“He was struck by a forklift at his work site and killed instantly,” Van Bruggen said, adding he left behind a wife and four young children. “The ripple effect caused by these tragedies is endless.”

The WCB paid out 144 fatality claims in 2016, more than 44,500 disabling injury claims and more than 23,600 lost time claims.

Changes to the WCB system would cost an additional $94.5 million annually, which would come from the agency’s Accident Fund surplus. The fund, established with employer premiums, contained $10.5 billion at 2016 year-end.

“Employers will not see a rate increase this year,” Gray said, adding the WCB maintains responsibility for managing the fund.

Until now, Alberta was the only province without joint work site health and safety committees.

The committees empower workers and help to identify workplace risks, said Energy Safety Canada chief executive John Rhind.

“In terms of smaller organizations that have not had something like this in place ... we really do need to help those employers because this will be a culture change.”

Opposition is reviewing the legislation before commenting, spokeswoman Annie Dormuth said.

If Bill 30 is passed, WCB changes would take effect Jan. 1 and OHS changes would follow June 1. Some of the more complex changes would be rolled out later.