Appeal an OHS action

Appeal an OHS action

The Occupational Health and Safety Council (OHSC) hears appeals on matters issued by OHS.

Overview

The OHSC is empowered to hear formal appeals of orders issued by Occupational Health and Safety.

What you can appeal

The following can be appealed before the Council:

When considering an appeal, the Council may confirm, revoke or vary OHS decisions made with regard to these issues.

What you can’t appeal

The Council doesn’t handle:

  • violation tickets
  • mediation
  • wrongful dismissal outside of OHS legislation
  • grievances
  • Workers’ Compensation Board (WCB) claims
  • human rights issues
  • employment insurance disputes
  • Employment Standards Code
  • employment standards claims, workplace health and safety, and labour relations issues under federal jurisdiction

Eligibility

All workers and employers in Alberta who’ve received notice from OHS regarding an order, administrative penalty or DAC Decision Letter can request a review by filing a Notice of Appeal with the OHS Council.

How to file an appeal

Step 1. Before you start

Review the OHS Council Rules of Procedure (PDF, 10 pages).

Step 2. File a Notice of Appeal

1. Download and fill out a Notice of Appeal (PDF, 6 pages).

2. Attach your OHS Officer’s Decision Letter and any supporting evidence. You will be required to request an appeal format.

Option 1. Appeal by written submission

  • if you choose to send in a written appeal, both parties will have to provide a written submission of facts and make their arguments
  • with written submissions, there’s no opportunity to cross-examine witnesses

Option 2. Attend a face-to-face hearing

  • if you choose a review hearing, the Council will determine the time and place for the hearing
  • while the Council makes information available about its procedures, it’s neutral in all proceedings and won’t assist any one party in a hearing
  • most parties appeal before the Council on their own behalf, while some use agents, union representatives or lawyers; the choice rests with the party involved
  • parties are encouraged to share information, explore options and find agreeable processes and resolutions whenever possible prior to an appeal hearing
  • in-person hearings may increase costs and the time it takes to get to a final appeal decision

3. Send the notice to a Director of Inspection, in Edmonton, within 30 days of receiving an order or report to:

Director of Inspection
Occupational Health and Safety Council
1100, 10405 Jasper Avenue
Edmonton, Alberta T5J 3N4

Email: LBR.OHSC@gov.ab.ca

Fax: 780-412-8701

4. After reviewing your Notice of Appeal, the OHS Council will contact you directly.

Please note: your Notice of Appeal, once completed and filed with the Council, will be shared with other parties involved in this appeal. It will also be publicly posted on OHS Council’s website, along with other filed documents and the final appeal decision.

Step 3. After filing the appeal

After you’ve made your appeal, either in writing or by attending a hearing, the Council may either dismiss the appeal or order the employer to:

  • confirm or revoke the penalty
  • eliminate the immediate danger
  • reinstate the worker
  • stop disciplinary action
  • repay the worker for time lost
  • remove the reprimand from the worker’s employment records

 

In case of any inconsistency between this information and the OHS Act, Regulation, Code, the legislation will always prevail.

Created:
Modified: 2016-02-19
PID: 301

Contact OHS

1-866-415-8690 (toll-free)
780-415-8690 (Edmonton)

TTY: 780-427-9999 (Edmonton)
TTY: 1-800-232-7215

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