Occupational Health and Safety - Appeals

 


 
 
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OCCUPATIONAL HEALTH AND SAFETY APPEALS

The Alberta Labour Relations Board has authority to hear appeals of various decisions made by Occupational Health and Safety officers under the Occupational Health and Safety Act.
 
The Board is not an investigator, or a regulator or agency of first instance in Occupational Health and Safety matters.  If you have concerns about an occupational health and safety issue about your workplace, your first contact should be with Alberta Occupational Health and Safety (“OHS”).
 
The Board is only an appeal body.  In appeals, the Board decides whether an order, cancellation, suspension, cancellation or record issued by OHS was reasonable based on the facts and the applicable law.  Parties must cooperate with the original OHS investigation, and should never deliberately withhold relevant information or evidence from, or refuse to cooperate with, the OHS officer or investigator.  Appeals to the Board will generally be based only upon the information and evidence which was available to the investigating officer, and only in special circumstances will new evidence, not shared with the investigating officer, be permitted in the appeal.

Information about the Board’s process for handling Occupational Health and Safety appeals can be found in the Board’s Transitional Rules of Procedure for OH&S Appeals.  A link to those Rules can be found below.

Commencing an Appeal

Appeals must be commenced using the Board’s Occupational Health and Safety Notice of Appeal form.  The entire form must be completed and all information required by the form must be provided.  The Notice of Appeal must be received by the Director of Inspection responsible for receiving appeals within 30 days from the date the order, suspension or cancellation, report concerning a disciplinary action complaint or imminent danger complaint, or notice of administrative penalty was received by the Appellant.

Appeals can be sent to the Director of Inspection in the following ways:

By mail or delivery to either:

Director of Inspection
Alberta Labour Relations Board
501, 10808 – 99 Avenue
Edmonton, Alberta  T5K 0G5

or

Director of Inspection
Alberta Labour Relations Board
308, 1212 – 31 Avenue NE
Calgary, AB  T2E 7S8

By fax to:

Attention: Director of Inspection
(780) 422-0970 or (403) 297-5884

By e-mail to:

ALRB.OHSAPPEALS@gov.ab.ca  (see below re: use of Board’s e-mail filing service)

The regular office hours of the Board are 8:15 to 4:30 pm Monday to Friday, excluding statutory holidays.  Appeals received outside office hours of the Board will be deemed to have been received at 8:15 AM the following business day.

Privacy Notice

All parties should be aware that hearings and decisions of the Board are public.  As a result, filed documents and evidence may become public and may be referred to in the Board’s decisions.  The Board’s decisions are reported on the Board’s website and may be reported by other legal decision reporting services. An exception to this general practice may be made, at the discretion of the Board, in cases where sensitive personal information will be disclosed. Individuals wishing to have their names masked may apply to the Board by letter setting out the reasons for the request including what sensitive personal information will be disclosed.  This request should be made early on in the processing of the application.

Use of the Board’s E-mail Filing Service

The Alberta Labour Relations Board accepts appeals and documents via e-mail in Occupational Health and Safety Appeal matters only.

All appeals or documents sent by e-mail must be in the form of an e-mail attachment sent to the e-mail address below.  If you are filing a new appeal, you must complete and attach the “Notice of Appeal” form and place the words “Notice of Appeal” in the subject line of the e-mail.  For other documents, please include the relevant Board file number (if known) in the subject line of the e-mail.

E-mail attachments must be legible.  Documents which are illegible or cannot be opened by the Board will not be accepted.  In the event of problems, the Board also accepts submissions by letter, fax, or in person at the Board’s office.

Appeals and documents may be e-mailed to ALRB.OHSAPPEALS@gov.ab.ca.  A document is not submitted unless the sender has received an auto-reply e-mail acknowledging the e-mail has been received.  If you do not receive an auto-reply acknowledgement within a few minutes, you must follow-up with a phone call to the Board at (780) 422-5926.

The hours for filing documents are from 8:15 AM to 4:30 PM, Monday to Friday, excluding statutory holidays.  Any materials received by this e-mail account after these hours will be treated as received at 8:15 AM the next business day, unless special arrangements were made in advance with the Board.

 


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