Before we begin, a quick disclaimer: this is not legal advice. If you need legal guidance, call a lawyer. The information below is meant to help small employers understand the basics of how OHS enforcement works in Alberta. Some of our client base comes from OHS orders and administrative penalties, and we see what is known and unknown to small employers.
To understand how the government enforces health and safety laws, there are a few key concepts you should know:
1. OHS Inspections
There are generally two ways an OHS Officer may show up at your worksite:
a) Compliance Inspections
This could happen when:
- A worker reports a concern
- A member of the public files a complaint
- There is a serious incident or injury
b) Proactive (Random) Inspections
These inspections are based on government-set initiatives and focus areas such as high-risk industries, code changes, or emerging hazards.
You can see the current proactive OHS inspection initiatives here.
What to expect when an officer arrives:
- They will announce who they are and why they are there.
- Under the OHS Act, employers must allow them access to the site.
- They may conduct interviews, meetings, presentations, observe work, and review documentation.
- They may issue orders or tickets (explained below).
Most officers are there to ensure workers are protected—not to “catch you.” However, it’s important to know that you have the right to appeal any enforcement action. You can comply AND appeal at the same time.
2. OHS Orders
If an officer finds a health and safety issue, they may issue an order requiring the employer to correct it by a specific deadline.
Orders can range from simple compliance directives to a Stop Work Order, which shuts down part—or all—of the worksite until the issue is resolved.
Learn more about OHS Orders here.
3. Tickets and Administrative Penalties
Think of this section as minor vs. major consequences.
Tickets (Minor)
Tickets are issued for clear, black-and-white violations that are easily observed—similar to a speeding ticket.
Examples:
- A worker not wearing a harness while working at 15’
Tickets can be issued to:
- Workers
- Supervisors
- Employers
Administrative Penalties (Major)
These carry significant financial consequences and are issued for more serious or repeated non-compliance.
- Up to $10,000 per day, per violation
- Often starts around $2,000 for a first offence
- Can increase to $10,000 for a second or continued offence
A common trigger for administrative penalties is failing to comply with or close out OHS orders.
4. OHS Investigations
If an officer arrives wearing a vest labelled “Investigations”, it typically means OHS is looking into a serious incident, possible negligence, or an offence under OHS.
Our strong recommendation:
Immediately consult legal counsel, even if it seems minor.
If police AND an OHS Investigations Officer are on site together, call a lawyer right away.
Potential consequences if charges proceed:
- Fines up to $500,000 for the first offence
- Up to 6 months imprisonment
To be clear—these cases are not common. But when they do occur, they are serious.
Final Thoughts for Small Employers
- Most enforcement is educational in nature, not punitive.
- You have rights, including the right to appeal. Most employers forget this (even large ones).
- Contact us if you need support or guidance.
