Under Alberta's OHS Act, a workplace fatality triggers immediate legal obligations — scene preservation, OHS notification, and a formal investigation. Here is what happens next and what you must do to protect your workers and your business.
What would happen if there was a fatality on one of my sites? That is probably a question that has kept many company owners awake at night. We’ve all seen the news reports of the unfortunate families and companies that do have the misfortune of knowing what happens. The number of workplace fatalities accepted by WCB Alberta varies yearly; for the most current statistics, consult the latest WCB Alberta annual reports or official government sources.
Common Types of Fatalities Investigated by OHS include falls, struck by objects, caught by/in between objects, transportation incidents, exposure to harmful substances, motor vehicle accidents, and occupational disease fatalities.
But is there a way to prevent a fatality from occurring on your worksite? What happens in the event of a fatality? What does the process look like?
A Preventable Fatality
It’s a tragic fact that many workplace fatalities could have been prevented. On September 25, 2017, a worker was killed in Spruce Grove, AB, in a construction incident involving a skid-steer. The 38 year old equipment operator was employed with a concrete company and was working at a housing development when the incident occurred. At approximately 1:15 pm, the worker was operating the skid-steer and for whatever reason they put their head outside the cab of the machine while the bucket was lifted and at that moment the bucket came down and decapitated him. The operator was pronounced dead at the scene. The cause of the incident was determined to be that the operator had removed the side window from the skid-steer which allowed the worker to be able to stick their head outside of the cab while the machine was in operation. While this was a tragic, horrible incident, it is one that could have been prevented. Safe guards, in this case it was the side window, are there for a purpose and the purpose is to help keep the worker safe from the hazards associated with the work they are performing. Although it may be easier to remove some safeguards and it may save you some time, it may also cost you your life.
Once a fatality, or a serious incident, has been reported, an OHS investigator and applicable emergency services will be dispatched to the scene. If workers are attempting rescue, they should take all reasonable precautions to protect themselves from hazards; however, immediate rescue efforts may be necessary even if hazards remain. All efforts will be given by emergency responders to save the life of the individual(s). However, if the rescue attempts are unsuccessful, the scene will be frozen to prevent evidence from being disturbed. Once the scene has been frozen, no evidence can be moved or touched with the exception of the following circumstances: you have to attend to someone that has been injured or killed; you need to take actions to prevent further injuries; you have to protect property that is endangered because of the incident; or you have been given permission by OHS or a peace officer to do so. After the scene has been frozen and barricaded, the investigation of the worksite will take place. The investigator has the authority to do any of the following:
Once the investigator(s) have completed their investigation of the worksite, OHS will prepare an investigation report that will summarize the incident. Then OHS will conduct an Enforcement Action review of the investigation to determine if the incident should be submitted to Alberta Justice for consideration of prosecution. At that point, the file will be reviewed by Alberta Justice and charges will be laid if there’s a likelihood of conviction. Employers should retain all relevant documentation related to incidents and investigations for a period consistent with regulatory requirements and company policies to ensure availability for OHS investigations.
If Charges are Laid
Charges can be laid against the employers, the supervisors, workers, contractors, prime contractors and/or suppliers. If Alberta Justice deems that it is appropriate to lay charges, the defendant can either be found guilty, be acquitted, or have the charges withdrawn or stayed.
If found guilty of an OHS offence related to a fatality, defendants may face fines up to $500,000 or more per violation and/or imprisonment terms as determined by the court. Additionally, courts may impose daily fines for continuing offences. Penalties vary based on the severity and specifics of the case.
OHS convictions can also include creative sentencing which uses funds that would otherwise be paid as fines and allots them to third parties that promote occupational health and safety. Some examples include training programs, resource centres and rescue societies. Having a fatality occur on a worksite has a major impact on many different aspects. It affects the family and friends of the deceased, it affects the other workers on site, and affects the overall company and its ability to operate in the community. Companies that have experienced a fatality are often viewed as having a black mark on their reputation and this can lead to loss of contracts and future work. These are only some of the reasons that it is vital to have an effective health and safety management system. Focusing on working safe and mitigating hazards is an effective way to minimize worker injury and loss of life.
For more information on how to prevent workplace injuries or for information on having a health and safety management program developed for your company, please contact us at Safety Ahead. It would our pleasure to help you ensure the safety of your most precious resource, your employees.
Resources
Received an OHS order after the incident?
Download our free OHS Order Response Checklist — step-by-step guidance from reading the order to submitting your written response.
Written by
Safety Ahead Team
Alberta-based safety consultants with decades of field experience — COR auditors, OHS advisors, and WCB specialists working with employers across the province.
About Safety AheadAlberta OHS requires a formal investigation for serious incidents. We help employers respond correctly, document thoroughly, and protect their business from regulatory exposure.
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