On this page
What are the basic OH&S rights of workers in Alberta?
- The right to be informed of work site hazards and how those hazards will be eliminated or controlled.
- The right to participate meaningfully in health and safety activities and raise concerns.
- The right to refuse dangerous work when the legal test in the Alberta Occupational Health and Safety Act is met.
- The right to exercise an OH&S right or fulfil a legal duty without disciplinary action.
These rights are set out in section 2(d) of Alberta’s Occupational Health and Safety Act. They work together with the duties assigned to employers, supervisors, workers and other work site parties.
Alberta’s Legal Framework for Worker Rights
People often search for “employee OH&S rights,” but Alberta’s legislation generally uses the term worker. The governing requirements for most Alberta workplaces are found in the Occupational Health and Safety Act, the Occupational Health and Safety Regulation and the Occupational Health and Safety Code.
Section 3 of the Act places broad duties on employers. As far as it is reasonably practicable, employers must protect the health, safety and welfare of their workers and other affected persons. Employers must also make workers aware of their rights and duties, provide adequate training, keep information about hazards and controls readily available, provide competent supervision, and resolve health and safety concerns in a timely manner.
This is not a universal Canadian rule set. Employers under federal jurisdiction are governed primarily by Part II of the Canada Labour Code. Other provinces and territories have their own legislation, terminology, committee thresholds and work-refusal procedures. Confirm the governing jurisdiction before relying on a policy or procedure.
The Right to Know
Under section 2(d)(i) of the Alberta Act, workers have the right to be informed of work site hazards and the means to eliminate or control those hazards. The employer duties in section 3 support that right.
In practical terms, information should reach a worker before exposure or before the worker performs the task. Depending on the work, this may include:
- Site-specific hazard assessments and the controls selected through the hierarchy of controls.
- Safe work procedures, manufacturer instructions and emergency procedures.
- Workplace Hazardous Materials Information System (WHMIS) labels, safety data sheets and training.
- Equipment limitations, required safeguards and energy-isolation requirements.
- Changes in conditions, simultaneous operations and hazards introduced by contractors or other employers.
- The worker’s OH&S rights, duties, reporting routes and stop-work expectations.
Providing a document or collecting a signature is not enough by itself. Employers should verify that workers understand the hazards and can apply the controls. Observation, practical demonstration, questioning and field-level follow-up are useful verification methods.
The Right to Participate
Section 2(d)(ii) protects meaningful participation in health and safety activities, including the ability to express concerns. Participation should be built into normal operations through hazard assessments, inspections, incident learning, procedure development, safety meetings and change management.
When is a committee or representative required?
Alberta’s committee and representative requirements depend on the number of workers regularly employed by the employer:
- 20 or more regularly employed workers: the employer must establish a joint health and safety committee under section 13, unless a specific statutory exception or different direction applies.
- 5 to 19 regularly employed workers: the employer must designate a health and safety representative under section 14. The employer may establish a committee instead.
- Director designation: a Director may require a committee or representative at a work site regardless of the usual threshold.
Multi-employer work sites require additional review. Sections 13 and 14 address coordination where the combined worker threshold is met, and different provisions apply where a prime contractor has been designated. Employers should confirm the applicable structure rather than assuming that a committee is mandatory at every Calgary or Alberta workplace.
A committee or representative is a mechanism for participation, not a substitute for employer or supervisor accountability. Concerns still need timely review, action and communication back to the people who raised them.
The Right to Refuse Dangerous Work
Section 17 of the Alberta Act allows a worker to refuse work when the worker believes on reasonable grounds that an undue hazard exists at the work site or that the work would create an undue hazard to the worker or another person. The Act defines an undue hazard to include a hazard that presents a serious and immediate threat to a person’s health or safety.
The process matters. A worker exercising this right must promptly report the refusal and the reasons for it to the employer, supervisor or another person designated by the employer. The refusal should not endanger another person.
When an employer receives a work-refusal report, the employer should:
- Protect people from the alleged hazard and keep the situation controlled.
- Inform the joint health and safety committee or health and safety representative, if one exists.
- Remedy the alleged undue hazard immediately where possible.
- If it is not remedied immediately, discuss the concern with the worker and inspect the alleged hazard without delay.
- Take the action necessary to remedy any undue hazard.
- Prepare the written report required by section 17(11) and provide the required copies.
- Explain how the matter will be escalated to an OH&S officer if the worker believes the undue hazard remains.
The employer must not request or assign another worker to perform the refused work until the employer has determined that the work does not constitute an undue hazard or that no undue hazard exists. If the matter has been referred to an OH&S officer, section 17 includes additional written-notice requirements for another worker assigned to the work.
Protection from disciplinary action
Section 18 prohibits disciplinary action against a worker because the worker acted in compliance with the Act, regulation, OHS Code or an order. Employers should make this protection explicit in policies, supervisor training and work-refusal procedures. Section 19 sets out the complaint process where a worker believes prohibited disciplinary action occurred.
Practical Actions for Alberta Employers
Worker rights are effective only when the organization provides the authority, information and response systems needed to use them. A practical employer review should confirm that:
- Orientation explains worker rights, duties and reporting routes in plain language.
- Hazard information and controls are available where the work is performed.
- Workers and supervisors understand the site-specific dangerous-work refusal process.
- Supervisors know when to stop work, escalate a concern and involve the committee, representative or management.
- The correct committee or representative structure is in place and supported with time, training, records and access to information.
- Worker concerns are logged, assigned, addressed and closed with feedback.
- Contractor and multi-employer arrangements define who coordinates communication and participation.
- Training effectiveness is verified through discussion, observation or practical demonstration.
- Policies prohibit disciplinary action for lawful participation in OH&S activities.
- Records support implementation without being treated as proof that the system is effective.
Example: A Worker Reports an Unguarded Moving Part
Scenario: A worker is assigned to clear material near an exposed moving part and believes the task presents an undue hazard.
Appropriate response: The worker stops and reports the concern. The supervisor prevents access, applies the site’s energy-control requirements, notifies the committee or representative where applicable, and ensures the alleged hazard is inspected. The employer documents the refusal and actions taken. Work resumes only after the employer has determined that the undue hazard has been addressed or does not exist, and the required information has been provided.
This hypothetical example does not replace the employer’s site-specific procedure, the legislation, manufacturer instructions or an engineered control.
Official Alberta Sources
- Alberta Occupational Health and Safety Act, SA 2020, c O-2.2 — sections 2, 3, 13, 14, 17, 18 and 19.
- Government of Alberta: OHS Act, regulation and code.
- Government of Alberta: Joint health and safety committees and representatives.
Verified November 5, 2026. This article provides general information for provincially regulated Alberta workplaces. It is not legal advice and does not replace the legislation, an OH&S officer’s direction, professional advice or a site-specific assessment.
Related services: OH&S regulatory support, OH&S leadership training and joint health and safety committee and representative training.
About the author
John Duplessis, B.Sc., CRSP
John Duplessis is a Canadian Registered Safety Professional with more than 30 years of occupational health and safety experience in oil and gas, construction, green energy, midstream operations and industrial project work.
