| OCCUPATIONAL HEALTH AND SAFETY APPEALS
The Alberta Labour Relations Board is the Appeal Body for certain matters under the Occupational Health and Safety Act (the “Act”). As the Appeal Body, the Board hears appeals of:
- Compliance orders issued under section 38 of the Act
- Stop work orders issued under section 39 of the Act
- Stop use orders issued under section 40 of the Act
- Notices of administrative penalties issued under section 44 of the Act
- Cancellation or suspension of a license
- Findings in a record relating to an Officer’s investigation of a work refusal under section 17(15) of the Act
- Findings in a report relating to a disciplinary action complaint under section 19(2) of the Act.
- An order under section 19(8) of the Act relating to a contravention of section 18.
The Appeal Body is not an investigator, a regulator or an agency of first instance in Occupational Health and Safety matters. If you have concerns about an occupational health and safety issue about your workplace, your first contact should be with Alberta Occupational Health and Safety (“OHS”).
Parties must cooperate with the original OHS process, and should never deliberately withhold relevant information or evidence from, or refuse to cooperate with, the OHS officer or investigator.
OHS Appeals generally proceed on the Record, which means they be based only upon the information and evidence which was available to OHS, and only in special circumstances will new evidence, not shared with OHS, be permitted in the appeal.
Information about how the Appeal Body conducts OHS Appeals is contained in the Rules of Procedure for OHS Appeals. A link to those Rules can be found below.
Commencing an Appeal
Appeals must be commenced using the Appeal Body’s Occupational Health and Safety Notice of Appeal form. The entire form must be completed and all information required by the form must be provided. The Notice of Appeal must be received by the Appeal Body within 30 days of the Appellant having been served or given notice of the matter being appealed.
Appeals can be sent to the Appeal Body in the following ways:
By mail or delivery to either:
Director of Settlement
Alberta Labour Relations Board
308, 1212 - 31 Avenue NE
Calgary, AB T2E 7S8
or
Director of Settlement
Alberta Labour Relations Board
Commerce Place
Suite 640, 10155 102 Street
Edmonton, AB T5J 4G8
By fax to:
Attention: Director of Settlement
(780) 422-0970 or (403) 297-5884
By e-mail to:
ALRB.OHSAPPEALS@gov.ab.ca (see below re: use of Board’s e-mail filing service)
The regular office hours of the Board are 8:15 to 4:00 pm Monday to Friday, excluding statutory holidays. Appeals received outside office hours of the Board will be deemed to have been received at 8:15 AM the following business day.
Privacy Notice
All parties should be aware that hearings and decisions of the Appeal Body are public. As a result, filed documents and evidence may become public and may be referred to in the Appeal Body’s decisions. The Appeal Body’s decisions are reported on the Appeal Body’s website and may be reported by other legal decision reporting services. An exception to this general practice may be made, at the discretion of the Appeal Body, in cases where sensitive personal information will be disclosed. Individuals wishing to have their names may, at the time of filing or responding to an appeal, request that the Appeal Body not publish their names in a decision.
Use of the Board’s E-mail Filing Service
Appeals and documents may be e-mailed to ALRB.OHSAPPEALS@gov.ab.ca. A document is not submitted unless the sender has received an auto-reply e-mail acknowledging the e-mail has been received. If you do not receive an auto-reply acknowledgement within a few minutes, you must follow-up with a phone call to the Board at (780) 422-5926.
The hours for filing documents are from 8:15 AM to 4:00 PM, Monday to Friday, excluding statutory holidays. Any materials received by this e-mail account after these hours will be treated as received at 8:15 AM the next business day, unless special arrangements were made in advance with the Board.
Please see the Alberta Labour Relations Board’s Guidelines for Email Filing and Email Communications for more information about filing appeal materials via email: http://www.alrb.gov.ab.ca/docs/Guidelines_Email_Filing.pdf.
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Contact Us
Contact Information - Alberta Labour Relations Board
Email: alrb.info@gov.ab.ca
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