On Friday, the government quietly proclaimed changes to
statutes and enacted regulations that bring about health and safety ticketing
and administrative penalties in Alberta.
The gist is that the government can now ding OHS rule violators
with administrative penalties of up to $10,000 starting October 1, which offers
an alternative to expensive (and rare) prosecutions. And, on January 1, OHS
officers will also be able to issue tickets to anyone caught violating OHS
rules.
The government has been talking about this since 2003 so it
is nice to see some action… after 10 years and two rounds of legislative change. Oddly for a government that issues
a press release virtually every time a Minister makes boom-boom, there was no
notice unless you happen read
Orders in Council (hands up, policy dorks…),
although I see a
Herald story on in yesterday’s paper. Perhaps there will be an
advertising campaign prior to the rollout dates?
Ticketing systems that allow the government to ticket
workers are often criticized as contributing to the suppression of injury
reporting (e.g., employer says to employee, “if you report that, you’re gonna
get a ticket”). Employers are mpotivated to do this because it lowers their
claim record and thus their premium, but it has serious implications for
workers’ injury compensation as well as the accuracy of injury stats
There are a couple of key things to watch for as ticketing
and admin penalties come online. The first is, will OHS officers issue tickets
and will the Director of OHS issue admin penalties?
Back in 2008 (or maybe 2009?) an internal survey of
provincial OHS officers uncovered some reluctance to ticket. This reflects
decades of an “education instead of enforcement” approach (which has likely
placed some selection pressure on the officer ranks) as well as (a legitimate) concern about getting punched out.
Whether officers will have the inclination or the director
will have the stones to take on repeated bad actors and politically powerful
interests is an open question.
And this leads to the second question: who is going to get
ticketed and penalized?
Workers are the easiest target politically. And they will
likely feature in most analyses of the proximate cause of injuries. Yet the
root cause of injuries is generally the placement of a hazard in the workplace
by the employer during the job design process, perhaps combined with uneven
enforcement of worker compliance with safety rules.
I wonder how nuanced attributions of blame are going to be
in ticketing? Should be a fun set of FOIP requests once there is some
administrative data to rake through!
-- Bob Barnetson