Overview
An administrative penalty is a monetary penalty issued by Alberta Occupational Health and Safety (OHS) for non-compliance with OHS legislation.
Preventive in nature, penalties encourage compliance and are issued by OHS for serious or repeated non-compliance with OHS legislation.
When an OHS officer observes a contravention of OHS legislation or non-compliance with an order, acceptance or approval at a work site, the officer may refer a regulated work site party for an administrative penalty.
Penalty amounts
Administrative penalty amounts are a maximum of $10,000 per day, per contravention.
Who can receive penalties
Administrative penalties can be issued to any work site party listed under part 1 of the OHS Act:
- prime contractors
- contracting employers
- employers
- workers
- suppliers
- supervisors
- service providers
- owners
- temporary staffing agencies
How penalties are determined
Administrative penalties are determined by OHS on a case-by-case basis. Some of the factors that are considered in deciding an administrative penalty are:
- the severity of the contravention
- risk of harm resulting from the contravention
- the compliance history of the work site party, including:
- orders
- violation tickets
- other interactions with OHS
- whether there is a demonstrated commitment to health and safety
How penalties are issued
OHS follows the principles of administrative fairness in issuing administrative penalties, including providing notice in writing of the penalty and offering recipients the opportunity to appeal an action with Alberta Labour Relations Board.
Disclaimer: In case of any inconsistency between this information and the OHS Act, Regulation or Code, the legislation will always prevail.
Contact
Connect with OHS:
Phone: 780-415-8690 (Edmonton)
Toll free: 1-866-415-8690
TTY: 780-427-9999 (Edmonton)
TTY: 1-800-232-7215