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Can Your Company be Targeted by Workplace Health and Safety?

Posted 16-Jun-2009 by Adam.Neave  and filed under:
The short answer is, "yes".

The targeted employer program in Alberta was introduced in 2002 and thanks to its success in reducing the injury rates of targeted employers it will be continuing for the 2009/10 fiscal year.

Targeted employers have disabling injury rates of at least 2.5 times the provincial average.  This year, 550 employers with disabling injury rates of about 9.7 and higher will be targeted in the following industries:  Commercial/Industrial Construction, Residential Construction, and Oil & Gas.  Small employers (between 40 and 59 full-time employees) will be subject to at least 2 inspections by an OHS Officer while large employers (60 or more full-time employees) will undergo at least 5 inspections over a twelve month period.  While OHS Officers will focus on different types of contraventions in each targeted industry, the common focus appears to be on fall hazards and fire and explosion hazards, which are covered by Parts 9 and 10 of the OHS Code, respectively.

The likely result of these inspections is the issuance of orders.  An order can be issued when an OHS Officer identifies a contravention of OHS Laws.  An order is not a friendly reminder to correct a minor problem.  It is a stern direction to comply with the minimum requirements of the law.  An order can even require a work site, or part thereof, to shut down until a contravention is corrected.  It is an offence to fail to comply with an order.  An order indicates the possibility of a prosecution as a result of the legal contravention(s).  Any orders received should be thoroughly reviewed for accuracy and appealed, if necessary. 

Legal counsel specializing in OHS can assist - and should be sought - when reviewing and appealing orders.

Here are the results of the 2007/08 fiscal year targeted employer program:   

 Program  Targeted Employers  Site Visits Orders Issued 
 Upstream Oil and Gas                341       1357          644
 Residential Construction                610       1680          970
 Commercial / Industrial Construction                731       2341         1258
 Strategic Insepction                 86        227          191
 Totals:
              1768       5605         3063

As you can see, each targeted employer was visited about 3 times and almost half of all site vists resulted in the issuance of orders.

If you are not a targeted employer, you should ensure that none of your subcontractors are targeted, as having targeted subcontractors on your work sites increases the likelihood of an OHS Officer attending to carry out an inspection.

For more information on the targeted employer program, click here.

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