Alberta updates workplace safety requirements: violence and harassment prevention, explosive material, oil and gas best practices

The Government of Alberta recently made extensive, mostly minor updates to the Occupational Health and Safety Code, AR 191/2021 (Code). The changes were introduced through Ministerial Order 2024-12, published on December 4, 2024. In addition, the Government of Alberta issued Ministerial Order 2024-16 on December 10, 2024, which gives employers until March 31, 2025, to comply with these new provisions. During this transition period, employers may comply with either the updated or previous provisions of the Code.  

In this update we address the key features of these amendments and highlight areas of intertest to specific industries/operations.

Key features of the Code amendments

Violence and harassment prevention

The most notable amendments to the Code relate to the streamlining of workplace violence and harassment prevention requirements under Part 27 of the Code. Significantly, workplace harassment and violence are no longer considered “hazards” for the purpose of hazard assessments under Part 2 of the Code. Consequently, employers are no longer required to assess a work site for potential violence or harassment hazards before work begins at the work site. 

With these amendments, employers are no longer required to have separate harassment and violence prevention plans, and the requirement for employers to include specific harassment and violence prevention policy statements has been repealed. Instead, employers may develop a combined violence and harassment prevention plan, though much of the overall requirements to eliminate or control violence and harassment to workers, inform workers of such matters, and create procedures to report and investigate incidents of violence or harassment, remain much the same. 

Importantly, the amendments set forth new requirements for employers to include procedures within violence and harassment prevention plans that protect the confidentiality of all parties involved in any incident or complaint of violence or harassment. Employers must not disclose information regarding such matters unless necessary to investigate the complaint or incident, take corrective action, inform the involved parties of the results of the investigation, inform workers of any threat of violence, or required by law. 

Explosives

A number of changes were made to Part 33 of the Code regarding the handling of explosive materials. The overarching theme of these changes reflects an increased concern with worker safety in this area. Enhanced procedures for handling explosive and dangerous materials have been implemented to prevent accidents and protect employees.

Oil and gas

Changes to Part 37 of the Code entitled Oil, Gas and Geothermal Energy also emphasize safety and best practices at work sites. There are also amendments to these technical provisions that should be carefully reviewed by employers in this industry.

Takeaways

While most of the recent amendments to the Code are editorial, related to definitions, and otherwise minor in nature, more significant amendments were made to workplace violence and harassment prevention measures. These amendments should be reviewed in detail since they apply broadly to employers in Alberta. Employers should take note of the new requirement to create procedures to maintain the confidentiality of individuals involved in incidents or complaints of violence or harassment. 

Employers working with explosive materials or in the oil and gas industry should also thoroughly review the amendments made to the Code that relate to their operations.

Overall, the amendments to the Code pursuant to the above ministerial orders reflect ongoing efforts to ensure best practices in respect of workplace safety, while the March 31, 2025, deadline provides ample time to update policies and procedures to ensure compliance.

The authors would like to thank Armaan Dhillon, articling student, for his contribution to preparing this legal update.