Federal Legislation for Lone Workers in Canada: Could You be Breaking the Law and Not Realizing It?
Legislation for lone workers
The Criminal Code in Canada has been amended so that organizations, and even individuals, may be criminally liable for failure to take reasonable measures to protect employee safety. But what exactly are “reasonable measures”? Are you actually taking those measures?
In this post, you will learn what liabilities you have as an employer, about work-alone legislation for lone workers specific to your own province, and what measures you need to take to keep your workers – and your company – safe.
Provinces and territories with lone working legislation
Map of Canadian provinces and territories that regulate working alone/enforce legislation for lone workers
Provinces in Canada regulate working alone:
Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland
Prince Edward Island
Saskatchewan
Territories in Canada regulate working alone:
Northwest Territories
Nunavut
The objectives of lone working safety legislation
The purpose of these regulations are to ensure that workers working alone can do so safely since it was determined that having at least two workers at job sites was not always practical or effective in protecting workers. In these jurisdictions, legislation for lone workers is regulated, and employers must follow protocol to ensure their employees working alone are kept safe.
A lone worker is defined as “a worker is considered to be working alone if the worker works by himself or herself at a work site in circumstances where assistance is not readily available when needed.” There are five categories of lone workers, including those who do hazardous work away from the public, which includes more people than we realize.
Legislation for lone workers improves their safety
In the seven provinces and two territories listed above, employers must adhere to specific safety measures to ensure their employees working alone are safe. Below are safety precautions that all jurisdictions unanimously require according to their legislation for lone workers:
Conduct a hazard assessment to identify existing or potential hazards that may affect the workers
Implement appropriate measures to control those hazards
Establish an effective system of communication between the worker and first responder.
Check-ins must take place at intervals appropriate to the hazards in the worker’s environment.
Some jurisdictions stipulate more in-depth safety policies from their employers. Find a full list of regulations that stipulate more in detail your provincial requirements here.
Liability every employer has for their employees working alone
It is the responsibility of the employer to minimize risk associated with their workers who works alone. If reasonable measures are not put in place to help mitigate risk, companies and individuals may be held criminally liable under Canadian law and the legislation for lone workers.
Even beyond that, without proper safety precautions in place, a company may be exposed to risks such as lawsuits, higher premiums on insurance, employee replacement costs, or even damaging media attention. It is therefore of utmost importance to take preventative action to mitigate risk. It is therefore recommended to enact the safety measures listed above in your company.
Create a lone worker safety plan
For more information on legislation for lone workers, work alone policy, and how to create your lone worker safety plan, check out our helpful lone worker safety eBooks and whitepapers.