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OHS Code Changes

Stay compliant with the latest ohs code changes

On December 4, 2024, the Government of Alberta announced changes to Part 27, Part 33, and Part 37 of the OHS Code, requiring all workplaces to be complaint by March 31, 2025.

Do you have questions about your responsibilities, and how these changes will impact your municipality or workplace?

On March 25, we were joined in a live discussion and Q&A by three representatives from the Government of Alberta’s Occupational Health and Safety team.

By the end of the session, attendees:

Received an overview of the key areas of change to Alberta’s Occupational Health and Safety Code.
Understood the compliance requirements that are effective March 31, 2025.
Understood the impact of the changes on their worksite.
Had the opportunity to get their questions answered by an OHS representative.

If you missed the session, or would like to rewatch or share with your network, check out the recording below.

Key Takeaways

Definitions were added to clarify terms that are already being used in the OHS Code. Repealed definitions were replaced with common industry terms.
OHS Code sections or requirements that were duplicative, prescriptive, or referenced federal standards that no longer exist were consolidated into Part 27, 33, or 37, accordingly.
Notable changes to sections were done to achieve one of the following:
1. Clarify intent, employer and worker obligations, and work site applicability.
2. Align with other Canadian jurisdictions and CSA Standards.
3. Reflect best practices, standards, and equipment already being used by the industry.
4. Replace prescriptive requirements with ones that focus on health and safety outcomes.

session questions

When will this be updated on OHS Search Laws?
The updated legislation will be available after March 31, 2025.
Will there be changes to the COR Audit Tool?
Yes. AMHSA’s COR Audit Tool has been updated and approved to reflect the changes.
Were there any changes to the requirements and obligations regarding domestic violence?
No.
Are there templates, resources, or training materials available to guide worksites through these changes?
The Government of Alberta has provided a number of resources, which can be accessed below. AMHSA is also developing member support tools and resources for the new legislation, including a template that is now available, which can be used to guide compliance.
What is the difference between a plan and a policy?
Definitions can be found in the OHS Code or the OHS Act. If these definitions are not listed, The Government of Alberta had advised referencing standard dictionary definitions, as this is their practice when defining terms.
What information is required to be disclosed to the person who brings forward a violence and harassment complaint when an investigation is concluded?
It depends. The legislation says it’s the employer’s responsibility to have provisions that protect the confidentiality of all parties involved in a complaint or incident. The exceptions are: where disclosure is necessary to investigate, to inform the involved parties of the result, to take corrective action, when it is necessary to inform workers of a specific or general threat of violence or potential violence, or as required by law.

The answer is dependent on the scenario and what type of information is available. The general recommendation is to have a strategy session, come up with potential scenarios, and outline how you would follow legislation in those cases. While it will not be possible to cover every possibility, this is a good start to due diligence within that section.
Does this mean a hazard assessment can now be taken out of this policy?
The requirement was repealed as it was a duplication of Part 2 of the OHS Code, however all employers in Alberta are still required to assess and control all worksite hazards, including violence and harassment.
Can you please explain the procedures to inform workers of the nature and extent of the hazard of violence and harassment, including information related to specific or general threats that exist or may exist?
To help identify potential threats, employers can start locally or at the provincial level by searching for police reports or news articles regarding workplace incidents, make a list of which hazards or incidents could potentially happen at their worksites, and start narrowing down to specific hazards. This should help guide the development of a worksite violence and harassment prevention plan, policies, and procedures. Employers can also utilize third parties to help with hazard assessments.
Will the OHS Code Explanation Guide be republished or updated?
No. The OHS Code Explanation Guide has been replaced by bulletins, which are available on the OHS Resource Portal. These bulletins provide legislation interpretations.
For the word "procedures" for 390(1)(c) can you explain in more detail what the procedures entail? Is it stating this needs to be in a formal hazard assessment providing details of each hazard, severity, and controls?
In general, all OHS sections establish the minimum requirements for hazard control. The focus now is more on health and safety outcomes, rather than prescribing what employers must do. In this case, the OHS code mandates that procedures must be in place to inform workers of worksite hazards, but it does not mandate the content or information required.
On Part 33, can you confirm the definition of a magazine to include day boxes? And if so, does the day box need to be inspected and treated the same as a magazine?
A magazine means a building, storehouse structure, or place in which an explosive is stored, but does not include a vehicle in which an explosive or day box is kept for the purpose of transportation. Therefore, a magazine does not include a day box.