Recent amendments to Alberta’s Occupational Health and Safety Code simplify the requirements for workplace health and safety policies

Alberta has recently updated its Occupational Health and Safety Code (Code) as part of an ongoing review of the Code. These most recent amendments were set out in Ministerial Order No. 2024-12 filed December 4, 2024, as Alberta Regulation 202/2024 (Alta Reg 202).

Alta Reg 202 amends Part 27 (Violence and Harassment), including the requirements relating to policies and procedures employers must have in place. The amendments remove duplication, simplify the requirements and give employers more flexibility.

The following are some of the key changes to Part 27 of the Code:

• Repeals section 389. Section 389 expressly stated that violence and harassment are considered hazards for the purpose of Part 2 (Hazard Assessment, Elimination and Control). While violence and harassment are no longer expressly stated to be hazards, other sections of the amended Code (for example, section 390, discussed below), continue to recognize that violence and harassment are workplace hazards.
• Repeals sections 390, 390.1, 390.2, 390.4, 390.5 and 390.6, which previously set out the requirements for violence prevention plans and harassment prevention plans. Those requirements are replaced with simplified, integrated requirements.
  • Previously, employers had to develop and implement a violence prevention plan that included a violence prevention policy and violence prevention procedures, as well as a harassment prevention plan which included a harassment prevention policy and harassment prevention procedures, including established complaint and investigation procedures. The Code contained specific requirements for what had to be included in each component, including a number of specific statements. This resulted in duplication and created a greater administrative burden on employers. These requirements also increased the likelihood that employers would be offside of the technical requirements of the Code.
  • The amendments now require that employers develop and implement a consolidated violence and harassment prevention plan. The plan must include the following:
    • measures to eliminate or, if not reasonably practicable, control, the hazards of violence and harassment;
    • procedures to inform workers of the nature and extent of violence and harassment hazards, including specific or general threats;
    • procedures to report violence or harassment;
    • procedures to investigate complaints and incidents of violence or harassment;
    • provisions to protect confidentiality of all parties involved, except where disclosure is:
      • necessary to investigate the complaint or incident, take corrective action, or inform the parties involved in the complaint or incident of the results of the investigation and of any corrective action to be taken to address the complaint or incident;
      • necessary to inform workers of a specific or general threat of violence or potential violence; or
      • required by law.
• Employers are still required to consult with the joint health and safety committee, health and safety representative or affected workers, as the case may be, when developing and implementing the plan, although the reference to consulting with affected workers is stated to be “as far as reasonably practicable to do so.”
• Under the amended version, employers are still required to review the violence and harassment prevention plan and revise it as necessary, but, again, the requirements are simplified.
  • Previously, employers had to review the violence prevention plan and harassment prevention plan every three years or sooner if an incident of violence or harassment occurred, or if the joint health and safety committee or health and safety committee recommended a review.
  • Now, employers must review the violence and harassment prevention plan in the following circumstances:
    • When an incident of violence or harassment indicates a review is required (not necessarily after every incident as previously required);
    • Where there is a change to the work or work site that could affect the potential for violence or harassment to occur;
    • if the joint health and safety committee or the health and safety representative requests a review;
    • at least every three years.
  • When conducting the review, employers must still consult with the joint health and safety committee, health and safety representative or affected workers, as the case may be, but, again, the reference to consulting with affected workers is stated to be “as far as reasonably practicable to do so.”
• The substantive requirements for training of workers remain largely the same. Employers must ensure workers are trained in:
  • the recognition of violence and harassment;
  • the violence and harassment prevention plan the employer has developed and implemented, including when revisions are made to the plan;
  • the appropriate response to violence and harassment, including procedures for obtaining assistance; and
  • the procedures for reporting, investigating and documenting complaints and incidents of violence and harassment.
• The requirements relating to the investigation and reporting of incidents have been revised to better align with what has been set out in a Director’s Order as an allowance. In particular, the amendments confirm that an employer does not need to provide the investigation report to the Director, joint health and safety committee, health and safety representative or workers.
• The amendments clarify that when a worker reporting an injury or adverse symptom from an incident of violence or harassment is treated or referred by a physician during regular work hours, the worker is deemed to be at work during that treatment. This is consistent with the previous requirements, but simplifies the language and confirms the employee will not suffer a loss of wages or benefits when seeking medical treatment during work hours.
• Additional amendments were made to the requirements for gas stations, other retail fuelling outlets and convenience stores where workers are ordinarily present during business hours, including specific components which must be included in those employers’ violence and harassment prevention plan.

Alta Reg 202 also amends a number of definitions and other sections of the Code, with more extensive amendments for Part 33 (Explosives) and Part 37 (now named Oil, Gas and Geothermal Energy).

Ministerial Order No. 2024-16, filed on December 10, 2024, as Alberta Regulation 210/2024 gives employers a transitional period for compliance with the Alta Reg 202 changes. Until March 31, 2025, employers can either comply with the previous Code requirements in place as of December 3, 2024, or the requirements in Alta Reg 202. However, as of March 31, 2025, employers must comply with the requirements of Alta Reg 202.

Takeaways

Employers should review their harassment and violence policies, procedures and/or plans to ensure compliance with Alta Reg 202 well in advance of the March 31, 2025 compliance date. As of the date of this blog post, the Alberta.ca website addressing workplace harassment and violence did not yet reference the amendments in Alta Reg 202. Similarly, the version of the Code available on the King’s Printer did not include these most recent amendments. As such, employers will need to be cautious when referencing the legislation and websites to ensure they are looking at the most current versions.

If you would like assistance in developing, implementing, reviewing or revising your workplace violence and harassment plan for compliance with Alta Reg 202, please reach out to the authors, Cristina Wendel or Tari Hiebert, or any member of the Dentons’ Employment and Labour group in Alberta.