Hazards in the Workplace

Teachers and school leaders, like other workers in Alberta, have certain rights regarding 
workplace safety. These rights are rooted in Alberta’s occupational health and safety (OHS) 
legislation, which aims to preserve and protect the health and safety of individuals in their work 
environments. Among these rights is the right to refuse dangerous work.

Part 27 of the Occupational Health and Safety Code 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 violence from various sources, including students, parents, colleagues or 
members of the public.

When faced with violence or the threat of violence, teachers must identify and address the hazard 
promptly. Steps must be taken to eliminate or control the hazard to ensure the safety of all 
workers and others in the vicinity. This involves implementing reasonable controls and regularly 
reviewing and re-evaluating those controls to ensure their effectiveness.
Section 17 of the Occupational Health and Safety Act grants workers in Alberta, including 
teachers, the right to refuse dangerous work under certain circumstances. This right becomes 
applicable when there is an undue hazard at the work site. An undue hazard is an unexpected or 
unusual circumstance in which hazards have not been adequately assessed or controlled or in 
which the worker risks immediate harm that is not normal for the job. However, before the 
worker exercises this right, they must ensure, as far as it is reasonable to do so, that their refusal 
will not endanger the health and safety of any other person.

It is important to differentiate between a hazardous system, process or object and a hazard 
created by the actions of an individual. The first is hazardous all the time, regardless of context: 
the rusty ladder, the frayed electrical cord, the icy sidewalk. The second is not an innately 
hazardous situation, but the person’s behaviour could be.

In both instances, the teacher is responsible for identifying and addressing the hazard or potential 
hazard. However, unlike the icy sidewalk, which remains icy until the ice is removed or the 
temperature changes, a student may display hazardous behaviour that is situational. A
conversation with school administration is key to finding ways to implement reasonable controls.
Teachers who refuse dangerous work must promptly report their refusal and the reasons 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 inspect the alleged hazard.
Section 18 of the OHS 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 disciplinary action can file a disciplinary action complaint with OHS.
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WORTH SHARING
Teachers must understand their rights under Alberta’s occupational health and safety legislation 
to ensure a safe work environment. While the right to refuse dangerous work is fundamental, it 
must be exercised responsibly, considering the safety of all involved. Not all hazards are equal. If 
you’re not sure about your next steps or need advice, call Teacher Employment Services for 
assistance at 1-800-232-7208. #WEAREATA