OCCUPATIONAL HEALTH AND SAFETY APPEALS
The Alberta Labour Relations Board has authority to hear appeals of certain types of decisions made by Alberta Occupational Health and Safety under the Occupational Health and Safety Act (the “Act”). The Board hears appeals of:
- orders under sections 36, 62, 63, 64 or 65 of the Act;
- administrative penalties under section 68 of the Act;
- cancellations or suspensions of licences under section 58(2) of the Act;
- reports concerning disciplinary action complaints pursuant to section 36(2) of the Act;
- decisions from a Director’s review pursuant to section 70(6) of the Act; and
- matters referred to it by a Director pursuant to section 70(5)(c) of the Act.
The Board is not an investigator, or a regulator or 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”).
The Board is only an appeal body. In appeals, the Board decides whether an order, administrative penalty, cancellation, suspension, or decision issued by OHS was reasonable based on the facts and the applicable law. 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. Appeals to the Board will generally 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.
Certain types of OHS orders and decisions cannot be directly appealed to the Board, but the party can apply for review by a Director of Inspection of OHS. This is the case for compliance orders under section 59 of the Act, stop work orders under section 60, stop use orders under section 61, and decisions in officer’s reports under section 32 of the Act. Information about filing for review by a Director of Inspection of OHS can be found on OHS’s website at https://www.alberta.ca/request-review-ohs-order-decision.aspx.
Information about the Board’s process for handling Occupational Health and Safety appeals can be found in the Board’s Transitional Rules of Procedure for OH&S Appeals. A link to those Rules can be found below.
Commencing an Appeal
Appeals must be commenced using the Board’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 Board within 30 days of the Appellant having been served or given notice of the order, administrative penalty, cancellation or suspension, report or reasons being appealed.
Appeals can be sent to the Board in the following ways:
By mail or delivery to either:
Director of Settlement
Alberta Labour Relations Board
501, 10808 - 99 Avenue
Edmonton, Alberta T5K 0G5
Director of Settlement
Alberta Labour Relations Board
308, 1212 - 31 Avenue NE
Calgary, AB T2E 7S8
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 4:30 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.
All parties should be aware that hearings and decisions of the Board are public. As a result, filed documents and evidence may become public and may be referred to in the Board’s decisions. The Board’s decisions are reported on the Board’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 Board, in cases where sensitive personal information will be disclosed. Individuals wishing to have their names masked may apply to the Board by letter setting out the reasons for the request including what sensitive personal information will be disclosed. This request should be made early on in the processing of the application.
Use of the Board’s E-mail Filing Service
The Alberta Labour Relations Board accepts appeals and documents via e-mail in Occupational Health and Safety Appeal matters only.
All appeals or documents sent by e-mail must be in the form of an e-mail attachment sent to the e-mail address below. If you are filing a new appeal, you must complete and attach the “Notice of Appeal” form and place the words “Notice of Appeal” in the subject line of the e-mail. For other documents, please include the relevant Board file number (if known) in the subject line of the e-mail.
E-mail attachments must be legible. Documents which are illegible or cannot be opened by the Board will not be accepted. In the event of problems, the Board also accepts submissions by letter, fax, or in person at the Board’s office.
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 4:30 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.
- Occupational Health and Safety Act, RSA 2000, c.O-2 (only relevant for OHS orders, etc. rendered prior to June 1, 2018)
- Occupational Health and Safety Act, SA 2017 c. O-2.1 (In force June 1, 2018. Only sections 38, 39, 93, 94, 96, 97 and 98 were in force prior to June 1, 2018).
Rules of Procedure
- Rules of Procedure
(Revised Rules of Procedure relevant to post June 1, 2018 matters will be posted shortly. Please note section numbers referred to in the current Rules of Procedure may have been amended.)
Contact Information - Alberta Labour Relations Board