Occupational Health and Safety (OHS) officers have authority to write immediate, on-the-spot tickets against employers and workers who put health and safety at risk. Tickets and fines can come in different levels of severity.
Tickets are issued for easily observable, straightforward non-compliance. For example, a worker who isn’t wearing fall protection required by an employer in compliance with the OHS Code may be ticketed.
Ticket amounts range from $100 to $500 per violation. A 15% victim surcharge is applied to each ticket.
An administrative penalty is a monetary penalty issued by Alberta Occupational Health and Safety (OHS) for non-compliance with OHS legislation. These can be up to $10000 a day.
After charges are laid, an employer, supervisor, worker, supplier, service provider, owner, contractor, prime contractor, self-employed person, or temporary staffing agency can:
- be acquitted
- be found guilty
- have their charges withdrawn or stayed
If found guilty When the Court decides a work site party (defendant) is guilty, the convicted party may be sentenced with:
- a fine
- corporate probation
- creative sentence Or a combination of one or more of the above.
Fines for a first offence under the OHS Act (Section 74(1) can be up to $500,000 and/or up to 6 months in prison per violation. If the defendant continues the first offense, they can also get an extra fine of up to $30,000 per day.
Fines for a second or subsequent offence can be up to $1,000,000 and/or up to 12 months in prison per violation. If the defendant continues the offence, they may also be subject to an extra fine of up to $60,000 for each day which the offence continues.
All fines are subject to a 15% Victim Surcharge