Alberta's Fatality Rate Leads to Increased Enforcement Initiatives

By ADAM NEAVE, B.A.SC. AND JENNIFER HOGAN, B.A.SC.

With only four full months of 2008 behind us, Alberta has already surpassed the 2007 total for prosecutions and larger fines under the Occupational Health and Safety Act ("OHSA"). Seven convictions have resulted in an astounding $1,908,250 in fines against Alberta employers. In 2007, the total amount of fines under the OHSA was $1,720,000.

This news arrives on the heels of the most recent occupational injury and fatality statistics. Alberta's lost-time claim rate for 2007 was 2.12 (per 100 workers) down from 2.35 in 2006. This marks the seventh consecutive year that the rate has decreased. A reduced lost-time claim rate, however, does not necessarily equate to fewer workplace injuries. It could signal a failure to report lost time claims, but is more likely the result of effective implementation of early and safe return to work programs.

The year 2007 also saw 30 more workplace fatalities than 2006. There were a total of 154 occupational fatalities in Alberta in 2007. Of the work-related deaths: 44 were due to motor vehicle accidents (up from 33 in 2006); 47 were workplace incidents (up from 27 in 2006); and 63 were occupational disease related (down from 64 in 2006).

The recent trend in sentencing under the OHSA is sending a clear message: Albertans must take reasonable steps to protect the health and safety of workers or be held liable for serious injuries and accidents. According to Employment Minister Hector Goudreau, "[t]he message does not get much stronger than this...I'd like to see no workplace injuries, no charges and no convictions. But until then, there will be consequences through the courts."

The most important question to ask yourself in light of the recent occupational injury and fatality statistics and the recent trend in sentencing under the OHSA is: Has my organization implemented an effective OHS management system that complies with Alberta's OHS laws and demonstrates due diligence?

Alberta employers are at risk of convictions and fines if they do not have an effective OHS management system.

Gowlings can help you answer that question and assist in ensuring that your organization is doing everything reasonable in the circumstances to minimize the risk of suffering the human, economic and legal costs associated with workrelated accidents.

Under the leadership of Norm Keith, Gowlings offers training, consulting and legal services in Alberta and across Canada.

Adam Neave, B.A.Sc. is an OHS Consultant with Gowlings working out of the Calgary office. He is also the coauthor of the book A Practical Guide to Occupational Health and Safety and Workers' Compensation Compliance in Alberta. Adam may be contacted at 1-866-862-5787 ext. 31836 or at adam.neave@gowlings.com.

Jennifer Hogan, B.A.Sc. is an OHS Consultant with Gowlings working out of the Calgary office. She may be contacted at 1-866-862-5787 ext. 31880 or at jennifer.hogan@gowlings.com.

For additional issues of the OHSLAW^TM Report, please visit www.gowlings.com/ohslaw.