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Duty to Investigate: Occupational Health & Safety

Duty to Investigate: Occupational Health & Safety

Occupational Health and Safety Act

The Act requires and investigation of certain workplace incidents and hazards. The employer must investigate any incident that results in a fatality, a serious injury that requires hospitalization, an unplanned explosion, fire, flood, crane collapse, structural collapse or release of a hazardous substance, and any incident which could have caused a serious injury or fatality.

Also such a worker refuse to work given an allegation of danger, this also must be investigated immediately.

The penalties for failing to do so include stop work orders and fines up to $500,000 and personal liability on corporate officers or supervisors.

The Code

The Alberta government passed the Occupational Health & Safety Code as a regulation under the Act. This mandates an investigation of workplace violence and/or harassment. It must be prompt, impartial and thorough and conducted by a person qualified to investigate. This must be documented in writing and include findings and recommendations and then followed by corrective measures, should there be a finding of violence or harassment.

A failure to follow the obligation as set out above would likely result in an award of aggravated damages and/or punitive damages in a civil case.

As is the case with respect to human rights concerns, the employer has a duty to investigate whether or not a formal complaint has been made.