Alberta’s Occupational Health and Safety Act (OHS Act) protects workers from unsafe conditions and gives employees important rights when their health or safety is at risk.
Under Alberta OHS law, employers must take reasonable steps to protect workers, address workplace hazards and provide appropriate safety training. Employees have the right to know about dangers, participate in workplace safety and refuse work that presents an undue hazard.
If your employer ignores serious safety concerns or punishes you for raising them, you may have legal options. Samfiru Tumarkin LLP helps non-union employees in Calgary, Edmonton and across Alberta understand their workplace rights and the consequences of workplace retaliation.
⚠️ Fired or disciplined after reporting unsafe work? Alberta’s OHS Act prohibits disciplinary action against employees for exercising their rights under workplace safety legislation. A complaint about prohibited disciplinary action generally must be filed within 180 days.
Facing retaliation or termination? Contact our Alberta employment law team or call 1-855-821-5900.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page:
- 1. About the OHS Act
- 2. Employee Rights
- 3. Employer Responsibilities
- 4. Refusing Unsafe Work
- 5. Reporting Unsafe Conditions
- 6. Workplace Retaliation
- 7. Common Questions
What Is Alberta’s Occupational Health and Safety Act?
The Occupational Health and Safety Act establishes the legal framework for protecting health and safety in Alberta’s provincially regulated workplaces.
Alberta’s workplace safety legislation has three main parts:
- OHS Act: Establishes employee rights, employer responsibilities, enforcement powers and protections against disciplinary action.
- OHS Regulation: Sets additional requirements governing the workplace safety system.
- OHS Code: Contains detailed technical safety requirements addressing specific hazards, equipment and workplace conditions.
Together, these rules apply to most provincially regulated workplaces in Alberta, from offices and warehouses to construction sites and industrial facilities. Some occupations and activities have special rules or exclusions.
You can review the Alberta Occupational Health and Safety Act through the provincial government’s online legislation service.
What Are the Three Basic Employee Rights Under Alberta OHS Law?
Alberta employees have three fundamental workplace safety rights:
1. The Right to Know About Workplace Hazards
Your employer must provide information about known or reasonably foreseeable workplace hazards and the measures used to control them. This includes appropriate training, safety procedures and information needed to perform your job safely.
2. The Right to Participate in Workplace Safety
You can raise safety concerns and participate in activities affecting health and safety at work. Employers must address those concerns in a timely manner.
Many workplaces must also have a health and safety committee or representative to help identify hazards and address employee concerns.
3. The Right to Refuse Dangerous Work
If you reasonably believe work presents an undue hazard to yourself or others, Alberta law provides a right to refuse that work.
An undue hazard involves a serious and immediate threat to health or safety. A dangerous-work refusal must follow the procedures established by the OHS Act.
Read our dedicated guide to the right to refuse unsafe work in Alberta for the steps employees must follow.
What Are an Employer’s Responsibilities Under Alberta OHS Law?
Employers must do what is reasonably practicable to protect the health, safety and welfare of workers. They cannot simply ignore hazards because addressing them would be inconvenient.
Their responsibilities include:
- Identifying workplace hazards and taking appropriate steps to eliminate or control them
- Providing adequate safety training and competent supervision
- Ensuring workers have access to required safety information and protective equipment
- Taking appropriate steps to prevent workplace violence and harassment
- Investigating and addressing reported health and safety concerns promptly
- Following applicable requirements for health and safety committees, representatives and programs
Employees also have responsibilities. They must take reasonable care, use required protective equipment, participate in safety training and report unsafe conditions.
Does your workplace need a safety committee?
Under Alberta’s general requirements, employers with 20 or more regularly employed workers must establish a health and safety committee. Employers with 5 to 19 regularly employed workers must designate a health and safety representative.
Special arrangements apply to some multi-employer worksites, including sites with prime contractors.
Can You Refuse Unsafe Work Under Alberta’s OHS Act?
Yes. Section 17 of Alberta’s OHS Act allows workers to refuse work they reasonably believe presents an undue hazard.
Examples of potential dangers include unsafe machinery, serious fall hazards, hazardous substances, dangerous equipment and certain extreme weather conditions.
If you refuse dangerous work, you must promptly explain the refusal and your reasons to your employer or supervisor. The employer must address the concern, including inspecting an alleged undue hazard that cannot be remedied immediately.
The employer may temporarily assign you other work you are capable of performing, without a loss of pay.
⚠️ Don’t simply abandon your shift. If you believe work presents an undue hazard, follow the dangerous-work refusal process. Your employer must investigate the concern, and you can contact Alberta OHS if the danger remains unresolved.
For the full process, see Refuse Unsafe Work Alberta: Your Rights and the Steps to Follow.
What about extreme heat or cold?
Alberta does not set one general maximum or minimum workplace temperature that automatically makes all work illegal.
Employers must assess temperature-related hazards and implement suitable protections. Whether workers can refuse a task depends on the actual danger, not simply the temperature displayed on a thermometer.
Learn more about working in extreme temperatures in Alberta, including heat, cold and unsafe workplace conditions.
How Do You Report Unsafe Working Conditions in Alberta?
If you notice an unsafe condition that does not present an immediate serious danger, Alberta OHS guidance recommends taking these steps:
- Report the concern. Tell your supervisor or employer what is unsafe and explain the risk.
- Keep a record. Document when you raised the issue, who you spoke with and what happened afterward.
- Raise the issue with your safety representative or committee. If your employer does not address the concern, involve the workplace safety representative or committee, where one exists.
- Contact Alberta Occupational Health and Safety. If the concern remains unresolved, you can ask the provincial OHS Contact Centre for assistance.
You can report unsafe work through Alberta OHS or call its toll-free contact centre at 1-866-415-8690.
If there is a serious and immediate threat, the dangerous-work refusal rules may apply. Do not wait for an ordinary workplace complaint to be processed before taking appropriate steps to protect yourself and others.
Can Your Employer Fire You for Reporting Unsafe Work in Alberta?
Alberta’s OHS Act prohibits disciplinary action – also known as a reprisal – against employees for exercising their workplace safety rights or complying with OHS requirements.
Prohibited disciplinary action can include:
- Termination, suspension or demotion
- Reduced wages, shifts or working hours
- Threats, intimidation or reprimands
- Adverse changes to job duties or workplace location
- Other negative employment actions connected to the exercise of OHS rights
⚠️ You generally have 180 days to file an OHS disciplinary-action complaint. If your employer punished you for following workplace safety legislation, get advice promptly. Other employment-law claims can have different deadlines.
If Alberta OHS confirms prohibited disciplinary action, an officer may order remedies such as reinstatement, lost wages and benefits, or removal of disciplinary records.
If you were dismissed, you may also have separate employment law rights. An employment lawyer can assess your termination, any severance entitlement and how the available legal options interact.
Learn more about wrongful dismissal in Alberta and severance pay in Alberta.
Alberta Occupational Health and Safety Act: Common Questions
Does the OHS Act apply to office workers?
Yes. Alberta OHS legislation covers most provincially regulated workplaces, including offices, retail stores and other workplaces that may not appear physically dangerous. Workplace violence, harassment and other health and safety risks can arise in these settings.
Is Alberta OHS the same as Employment Standards?
No. OHS law focuses on workplace health and safety. Employment standards legislation addresses minimum employment conditions such as wages, hours of work, vacation and statutory termination entitlements. Some employment disputes involve both areas of law.
Does Alberta OHS legislation apply to federally regulated employees?
Generally, no. Federally regulated workplaces, including many banks and telecommunications employers, follow occupational health and safety rules under the Canada Labour Code instead of Alberta’s provincial OHS Act.
Can you be compensated if your employer violates OHS law?
It depends on what happened. OHS enforcement addresses safety violations, and its disciplinary-action complaint process can provide remedies for prohibited retaliation. An employee who was dismissed or forced to resign may also have separate employment-law claims.
What if you’re unionized?
Unionized employees retain workplace safety protections, but disputes involving discipline for exercising OHS rights generally must be pursued through their collective agreement’s grievance process. Contact your union representative promptly. Samfiru Tumarkin LLP can’t represent unionized individuals in employment law matters.
Get Legal Advice About Your Workplace Safety Rights in Alberta
If your employer has punished you for reporting unsafe work, refusing dangerous duties or exercising your workplace safety rights, you may have legal options.
Samfiru Tumarkin LLP helps non-union employees in Calgary, Edmonton and across Alberta understand their rights following workplace retaliation, termination and other serious employment disputes.
Before you resign, accept a severance package or sign a release, always check first.
Or call 1-855-821-5900.