Hazards in the Workplace

Teachers must understand their rights under Alberta’s occupational health and safety legislation to ensure a safe work environment. Refusing dangerous work is a fundamental right. However, it must be exercised responsibly to ensure the safety of everyone involved.

Not all hazards are equal, and when it comes to hazards involving an individual, it is crucial to separate the person from their behaviour or actions. The person is not the hazard, but their behaviour or actions could be. If you are unsure about your next steps or need advice, call Teacher Employment Membership Support at 1-800-232-7208 for assistance.

​Teachers, school leaders and central office members, like other workers in Alberta, have specific rights and responsibilities regarding workplace safety. These rights are grounded in Alberta’s occupational health and safety (OHS) legislation. This legislation clarifies workers’ rights and other regulations, including those addressing workplace violence and the right to refuse dangerous work.

Part 27 of the Occupational Health and Safety Code (Act) identifies violence as a workplace hazard. Violence is broadly defined as any conduct that causes or is likely to cause physical or psychological injury or harm, including threats, aggression and physical attacks. Unfortunately, teachers may encounter workplace violence from various sources, including students, parents, colleagues and members of the public.

When faced with violence or the threat of violence, teachers must promptly identify and address the hazard. Steps must be taken to eliminate or control it to ensure the safety of all workers and p 2 others in the vicinity. This includes implementing reasonable controls and regularly reviewing and re-evaluating them to ensure their effectiveness.

Section 17 of the Act grants workers in Alberta, including teachers, the right to refuse dangerous work under certain circumstances. This right applies when there is an undue hazard in the workplace, such as an unexpected or unusual circumstance in which hazards have not been adequately assessed or controlled, or when the worker faces immediate harm that is not normal for their job. However, before exercising this right, the worker must ensure, as far as is reasonable, that the refusal will not endanger the health and safety of any other person.

The legislatively imposed settlement (LISs) for 2024-28 also includes safety protections beyond those under the Act. The article appears in all public, Catholic and Francophone LISs and should be found at 16.5. The language states that all employers recognize that every teacher has the right to work in an environment free from harassment, violence and the threat of violence. It also requires employers to take every reasonable precaution to protect teachers from harassment, violence or threats of violence. Members are encouraged to connect with Teacher Employment Membership Support for assistance in navigating an issue and in understanding how this language, the Act and an employer’s harassment policy may intersect.

It is important to distinguish between a hazardous system, process, or object and a hazard created by an individual’s actions. The former is hazardous at all times, regardless of context: for example, a rusty ladder, a frayed electrical cord, or an icy  sidewalk. In the latter case, it may be the person’s behaviour, rather than the hazard itself, that is dangerous.

In both cases, the teacher is responsible for identifying and addressing the hazard or potential hazard. However, unlike the icy sidewalk, which remains hazardous until the ice is removed or the temperature changes, a student may exhibit hazardous behaviour in a specific situation. In this case, a conversation with the school administration is key to implementing reasonable controls. As part of the discussion, a hazard assessment may be warranted, as such assessments are essential to safeguarding everyone’s health and safety at school.

Teachers who refuse dangerous work must promptly report their refusal and the reasons for it to their principal and their school division. After discussing the matter with the worker, the employer must immediately act to remedy the dangerous condition or to inspect the alleged hazard.

Section 18 of the Act prohibits disciplinary action against workers who exercise their rights under the legislation, including the right to refuse dangerous work. Workers who believe they have faced such action can file a complaint with OHS.

If you have personal concerns that are not part of the OHS hazard assessment but affect your health and safety at work, consult your doctor. If your doctor identifies any limitations or restrictions, you will need to provide medical documentation so your employer can make appropriate accommodations. For more information, contact Teacher Employment Membership Support at 1-800-232-7208.

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