Occupational Health and Safety (OH&S) rights are critical to ensuring that employees work in a safe environment. As an employer, understanding and respecting these rights is not only vital for legal compliance but also for fostering a culture of safety that enhances productivity and employee well-being.
Along with the rights, we’ll also discuss other issues that we’ll call workplace expectations. These are critical to accommodate your workplace and developing a best-in-class safety culture.
Before we talk about employee rights, all employers have the primary responsibility to provide a workplace that is free from hazards that could cause injury or illness. Most Safety Professionals refer to this as the “General Duty Clause.”
The General Duty Clause has a primary function to address known and foreseeable hazards, which all Canadian OH&S Acts and similar regulations require employers to assess workplace hazards and implement controls to eliminate or minimize risks.
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Knowing that there is the General Duty Clause, we hope you see the logic as to why there are employee rights and employer expectations in Canada.
Within all jurisdictions in Canada, these are the common rights that afforded to all employees.
The basic rights are:
1. The right to know
2. The right to participate
3. The right to refuse dangerous work
We’ll go through them and summarize how they apply to your workplace and list some best practices.
1. The Right to Know—Ensuring Employees Receive Information About Hazards
Employers are legally obligated to inform employees about any known and foreseeable workplace hazards. This includes providing information on how to work safely with hazardous substances, how to use protective equipment, and how to respond in emergencies. For example, Safety Data Sheets (SDS), labels, and safety instructions should be readily available.
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2. The Right to Participate—Encourage Your Employee Participation in Safety Programs
Employees have the right to actively participate in health and safety programs, and their involvement can significantly improve workplace safety. In Calgary, a safety committee is legally mandatory and must include both management and employee representatives to help identify risks and suggest improvements. Encouraging workers to report safety concerns and offer feedback is important as well and works hand-in-hand to cover this basic right.
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3. The Right to Refuse—Respect the Right to Refuse Unsafe Work
Employees may refuse work that they believe is unsafe, without fear of retaliation. There are considerations before a worker refuses, but all employers must take work refusals seriously.
This right is essential in ensuring workers feel empowered to speak up when they face dangerous situations. When a worker refuses unsafe work, employers are required to investigate and address the concern promptly.
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There Are Also OH&S Expectations
We also need to talk about some universal expectations that all employers need to implement or be aware of.
1. Protect Employees from Retaliation
An employer must never retaliate against an employee for reporting unsafe conditions, refusing unsafe work, or taking part in OH&S activities. This protection is crucial in maintaining a transparent safety culture where employees feel comfortable voicing concerns.
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2. Provide Compensation and Support for Workplace Injuries
If an employee is injured at work or develops an occupational illness, they have the right to compensation, which will be through workers’ compensation programs. This compensation, which will develop into a WCB claim, will include medical costs, rehabilitation, and financial support. Besides supporting WCB claims, the employers must provide timely support and ensure that the employee can return to work after recovery, without discrimination.
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3. Allow Employees to File Complaints
Employees can file complaints with regulatory bodies if they feel their OH&S rights are being violated. Employers must comply with investigations and any orders issued by regulatory agencies. Employees should feel comfortable reporting safety violations, knowing they have legal protections against retaliation.
However, before any complaint gets to an enforcement officer, have a program in place, such as your Joint Health and Safety Committee established to medicate any such complaints.
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Understanding employee OH&S rights is not just about meeting legal obligations—it’s about creating a workplace where employees feel valued, protected, and empowered. By adhering to these rights and establishing clear policies to support them, employers can ensure compliance while fostering a culture of safety and respect. When employers prioritize workplace safety, they reduce incidents, boost morale, and increase overall productivity.
Employers must continuously evaluate and improve their safety practices, engage employees in the process, and be proactive in creating a supportive environment. By doing so, businesses can build a strong safety culture that benefits both the organization and its employees.
Book your complimentary consultation today for your free consult to improve or develop your OH&S knowledge.
Employers are primarily responsible for providing a safe workplace, free from hazards that could cause injury or illness. This involves assessing potential risks, implementing safety controls, and training employees on safe work practices.
Employers should establish a health and safety committee that includes employee representatives, hold regular safety meetings, and involve employees in risk assessments and safety audits. Employee involvement is essential for a collaborative safety culture.
If an employee refuses work due to safety concerns, the employer must investigate promptly and address the issues respectfully. Managers should be trained to handle these situations without retaliation and to ensure a transparent, supportive process.
A Joint Health and Safety Committee (JHSC) helps identify workplace hazards, suggest improvements, and facilitate employee involvement in OH&S initiatives. In Calgary, a JHSC is legally required and must include both employer and employee representatives.
You've made it this far, so let’s take the next step. Calgary Safety Consultants is here to help you ensure compliance, enhance safety, and streamline your OH&S program. Don’t wait—fill out the form, and we’ll connect with you to discuss how we can support your business. Let’s get started!
Calgary Safety Consultants delivers game-changing COR Audits and OH&S consulting designed to keep your business safe, compliant, and accident-free. With 30+ years of expertise in high-risk industries like oil & gas, construction, and manufacturing, we understand the unique challenges you face. We offer tailored safety solutions that not only meet regulatory standards but also reduce operational risks and protect your workforce. From conducting thorough safety audits to implementing comprehensive safety management systems, we ensure your team is fully supported. Our hands-on, collaborative approach means we're with you every step of the way, helping you achieve a safer, more efficient workplace. Let us handle the heavy lifting so your team stays protected, and your business thrives!
