OHS Act

Published Date: October 01, 2013
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Section 18 Serious injuries and accidents

(1) If an injury or accident described in subsection (2) occurs at a work site, the prime contractor or, if there is no prime contractor, the contractor or employer responsible for that work site shall notify a Director of Inspection of the time, place and nature of the injury or accident as soon as possible.

(2) The injuries and accidents to be reported under subsection (1) are

(a) an injury or accident that results in death,

(b) an injury or accident that results in a worker’s being admitted to a hospital for more than 2 days,

(c) an unplanned or uncontrolled explosion, fire or flood that causes a serious injury or that has the potential of causing a serious injury,

(d) the collapse or upset of a crane, derrick or hoist, or

(e) the collapse or failure of any component of a building or structure necessary for the structural integrity of the building or structure.

(3) If an injury or accident referred to in subsection (2) occurs at a work site or if any other serious injury or any other accident that has the potential of causing serious injury to a person occurs at a work site, the prime contractor or, if there is no prime contractor, the contractor or employer responsible for that work site shall

(a) carry out an investigation into the circumstances surrounding the serious injury or accident,

(b) prepare a report outlining the circumstances of the serious injury or accident and the corrective action, if any, undertaken to prevent a recurrence of the serious injury or accident, and

(c) ensure that a copy of the report is readily available for inspection by an officer.

(4) The prime contractor, contractor or employer who prepared the report referred to in subsection (3) shall retain the report for 2 years after the serious injury or accident.

(5) A report prepared under this section is not admissible as evidence for any purpose in a trial arising out of the serious injury or accident, an investigation or public inquiry under the Fatality Inquiries Act or any other action as defined in the Alberta Evidence Act except in a prosecution for perjury or for the giving of contradictory evidence.

(6) Except as otherwise directed by a Director of Inspection, an occupational health and safety officer or a peace officer, a person shall not disturb the scene of an accident reported under subsection (1) except insofar as is necessary in

(a) attending to persons injured or killed,

(b) preventing further injuries, and

(c) protecting property that is endangered as a result of the accident.