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Duty to Investigate: Occupational Health & Safety

Duty to Investigate: Occupational Health & Safety

Workplace harassment and violence may require an employer investigation under Alberta occupational health and safety law.

Occupational Health and Safety Act

The Act requires an 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.

Where a worker refuses dangerous work, the employer must respond immediately and investigate the refusal in accordance with the OHS process.

OHS enforcement may include orders, administrative penalties, prosecutions, fines, imprisonment in serious cases, and liability for work site parties, including employers and supervisors. For a first offence under the OHS Act, fines may be up to $500,000 and/or imprisonment for up to six months per violation, with additional daily fines for continuing offences.

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 investigate harassment, violence, or safety concerns may also become relevant in later civil litigation, human rights proceedings, arbitration, or wrongful dismissal litigation. In an appropriate case, a flawed or dismissive response may increase the risk of aggravated, moral, or punitive damages.

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.

Once an employer becomes aware of a serious workplace safety, violence, or harassment concern, inaction is rarely a safe option.