Protecting Workers Who Work Alone – Know the Laws of Your Province

Workers are generally safest when they’re with coworkers, supervisors, and others who can provide help if they get into trouble—or keep them out of trouble in the first place. Working alone increases the likelihood that injuries will occur and that they’ll be more serious when they do. As Occupational Health and Safety (OHS), you need to protect these vulnerable workers; the migration of workers to the home adds new urgency to this challenge.

The starting point is to check your province’s OHS regulations. All jurisdictions ban workers from carrying out certain dangerous operations alone. Examples:

Entering into a hazardous confined space in which an attendant must be posted.
Performing high-voltage electrical work for which a watcher or first aider must be in place.
Working inside a hazardous underground mine.
Carrying out blasting work.
Work involving the risk of drowning.

In addition to these operation-specific rules, 10 provinces and territories (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nunavut, Prince Edward Island, Québec, and Saskatchewan) require general special working alone safety measures any time a worker works alone or in isolation in a potentially dangerous situation, which could include working remotely from home. Where they exist, these OHS rules require employers to perform a working alone hazard assessment and take measures to control the hazards the assessment identifies, including:

Establishing safe work procedures for working alone.
Providing for regular communication with workers working alone.
Providing necessary communication to ensure workers can be tracked while they work alone.
Training workers and supervisors in the working alone safety procedures.

A strong case can also be made that these measures represent an accepted standard that would apply even in jurisdictions without express OHS working alone regulations, including Ontario, Nova Scotia, Yukon, and the federal jurisdiction. In fact, federal ESDC guidance specifically says that federally regulated employers must implement these protections.

In addition to these measures, Alberta, British Columbia, and Saskatchewan require employers to take additional precautions to protect workers who work alone at night in gas stations and other late-night retail establishments.

Here’s a summary of the current OHS working alone requirements in each part of the country.

FEDERAL

Canadian OHS Regulations (“COHS Regs”) don’t expressly address working alone, however, ESDC guidance says that employers do have responsibilities for working alone hazards under Section 124 of the Canada Labour Code (“Code”), which states, “every employer shall ensure that the health and safety at work of every person employed by the employer is protected” (“Workers working alone at a workplace under the control of the employer, 905-1-IPG-059” (“Guidance”), Sec. 4).
Guidance clarifies that COHS Regs ban employees from working alone in certain situations, including:

Types of electrical work requiring a safety watcher or a first aider (COHS Regs, Sec. 8.8 and Sec. 16.3(3), respectively).
Entry into confined spaces under specified hazardous conditions (COHS Regs, Sec. 11.5(1)(c)).
Where there’s a hazard of drowning (COHS Regs, Sec. 12.11(2)(b)).
Repairs or maintenance work on a machine which cannot reasonably be locked out (COHS Regs, Sec. 13.16(2)(b)(ii)).
Operation of materials handling equipment with an obstructed view (COHS Regs, Sec. 14.25(b)).

The employer, in consultation and with the participation of the Policy Committee, or if there is no Policy Committee, the Work Place Joint Health and Safety Committee (“JHSC”) or Health and Safety Representative (“Safety Rep”), must assess the health and safety hazards associated with each particular job (Guidance).
The above assessment must consider:

The nature of the hazard.
The employees’ level of exposure to the hazard.
The frequency and duration of employees’ exposure to the hazard.
The effects, real or apprehended, of the exposure on the health and safety of employees.
The preventative measures in place to address the hazard.
Any employee reports made under Section 126(1)(g) or (h) of the Code or under Section 15.3 of the COHS Regs, and
Any other relevant information (Guidance).

In addition, if there is a potential for harassment and violence in the work place when an employee works alone, the employer must identify the risk factors and preventative measures in their work place assessment as required under section 5(1) of the Work Place Harassment and Violence Regulations (Guidance).
An important factor to consider in working alone situations is the remoteness of location and/or restricted access (Guidance).
After conducting the above hazard assessment, the employer must implement preventative measures to address the assessed hazards (Guidance).
Preventative measures include eliminating the hazard, reducing the hazard, providing the proper tools, equipment, and protective equipment and administrative procedures up to, and including, safe work procedures (Guidance).
To help improve emergency notification and response time in the event of an accident involving an employee working alone, the employer may implement the use of a personal alarm (tools) or established check-in times for the employee working in a high-risk job (procedures) (Guidance).
Any assessment or change in the work place that is intended to improve the health and safety of employees must be done in consultation with and participation of the Policy Committee, or if there is no Policy Committee, the JHSC or Safety Rep (Guidance).
The employer must provide employees with education and training on the preventative measures implemented and any other training that will ensure their health and safety, including the requirements set out in section 19.6 of the COHS Regs and section 12 of the Workplace Harassment and Violence Regulations (Guidance).

ALBERTA

An employer must ensure that each worker working alone is provided with a personal emergency transmitter monitored by the employer or the employer’s designate (OHS Code, Sec. 392.2(1)(f)).

Special protections are required if:
1. A worker is working alone at a work site, and
2. assistance is not readily available if there is an emergency or the worker is injured or ill (OHS Code, Sec. 393(1)).
An employer must, for any worker working alone, provide an effective communication system consisting of:
1. Radio communication,
2. landline or cellular telephone communication, or
3. some other effective means of electronic communication.

That includes regular contact by the employer or designate at intervals appropriate to the nature of the hazard associated with the worker’s work (OHS Code, Sec. 394(1)).

If effective electronic communication is not practicable at the work site, the employer must ensure that:
1. The employer or designate visits the worker, or
2. the worker contacts the employer or designate at intervals appropriate to the nature of the hazard associated with the worker’s work (OHS Code, Sec. 394(1.1)).
An employer must ensure that no worker works alone at a working face where coal is mined, other than a worker who is performing sampling, testing, or inspection (OHS Code, Sec. 687).
Special rules apply for gas station attendants and retail workers who work alone at night and face risk of workplace violence.

BRITISH COLUMBIA

Employers must take special measures to protect workers who “work alone or in isolation,” defined as meaning to work in circumstances where assistance wouldn’t be readily available to the worker in case of an emergency, or the worker is injured or in ill health (OHS Reg, Sec. 4.20.1).

Before a worker is assigned to work alone or in isolation, the employer must identify any hazards to that worker (OHS Reg, Sec. 4.20.2(1)).
Before a worker starts a work assignment with a hazard identified under in accordance with the above, the employer must take measures:
1. To eliminate the hazard, and
2. if it’s not practicable to eliminate the hazard, to minimize the risk from the hazard to the lowest level practicable using engineering controls, administrative controls, or a combination of the above (OHS Reg, Sec. 4.20.2(2) + (3)).
The employer must develop and implement a written procedure for checking the well-being of a worker assigned to work alone or in isolation (OHS Reg, Sec. 4.21(1)).
The procedure for checking a worker’s well-being must include the time interval between checks and the procedure to follow in case the worker can’t be contacted, including provisions for emergency rescue (OHS Reg, Sec. 4.21(2)).
A person must be designated to establish contact with the worker at predetermined intervals and the results must be recorded by the person (OHS Reg, Sec. 4.21(3)).
In addition to checks at regular intervals, a check at the end of the work shift must be done (OHS Reg, Sec. 4.21(4)).
The procedure for checking a worker’s well-being, including time intervals between the checks, must be developed in consultation with the workplace JHSC or Safety Rep (OHS Reg, Sec. 4.21(5)).
Time intervals for checking a worker’s well-being must be developed in consultation with the worker assigned to work alone or in isolation (OHS Reg, Sec. 4.21(6)).
Workers working alone or in isolation and the people assigned to check on their well-being must be trained in the written procedure for checking the worker’s well-being (OHS Reg, Sec. 4.22).
Employer must implement additional measures to protect a worker is assigned to work alone or in isolation in “late night retail premises” and there is any risk of harm from a violent act to the worker, including:
1. Develop and implement a written procedure to ensure the worker’s safety in handling money, and
2. when that worker is assigned to work “late night hours,” also do one or more of the following:
  1. Ensure that the worker is physically separated from the public by a locked door or barrier that prevents physical contact with or access to the worker.
  2. Assign one or more workers to work with the worker during that worker’s assignment.
Implement a violence prevention program (OHS Reg, Sec. 4.22.1(2)).
The above violence prevention program must include procedures, policies, and work environment arrangements necessary to ensure that all of the following requirements are met:
1. There is a time lock safe on the premises that can’t be opened during late night hours.
2. Cash and lottery tickets that aren’t reasonably required to operate during late night hours are stored in that time lock safe.
3. There is good visibility both into and out of the premises.
4. There is limited access to the inside of the premises.
5. The premises is monitored by video surveillance.
6. There are signs on the premises, visible to the public, indicating that:
  1. The safe on the premises is a time lock safe that can’t be opened during late night hours.
  2. There is a limited amount of accessible cash and lottery tickets on the premises, and
  3. The premises is monitored by video surveillance.

A worker assigned to work late night hours:
1. is at least 19 years of age, and
2. is provided with a personal emergency transmitter that’s monitored by the employer, or a security company or other person designated by the employer (OHS Reg, Sec. 4.22.1(2.1)).
By the end of the first year of the implementation of a violence prevention program and by the end of every second year after that first year, the employer must receive a security audit report, in writing, from an independent qualified person confirming that the program meets all of the requirements under Item #12 above (OHS Reg, Sec. 4.22.1(2.2)).
The written security audit report referred to in subsection (2.2) must be retained by the employer, and posted by the employer in the workplace for a period beginning on or immediately after the date the report is received and ending no earlier than the date on which the next report is posted (OHS Reg, Sec. 4.22.1(2.3)).
The employer must train a worker assigned to work in late night retail premises in:
1. The written procedure referred to in Item #11(a) above, and
2. if the employer implements a violence prevention program, the procedures, policies and work environment arrangements (OHS Reg, Sec. 4.22.1(3)).
A worker assigned to work in a late night retail premises must:
1. Follow the written procedure referred to in Item #11(a), and
2. if the employer implements a violence prevention program:
  1. follow its procedures, policies, and work environment arrangements, and
  2. wear, during late night hours, the personal emergency transmitter referred to in Item #12(g)(ii) above (OHS Reg, Sec. 4.22.1(4)).
3. An employer must require that customers prepay for fuel sold in gas stations and other retail fueling outlets (OHS Reg, Sec. 4.22.2).
4. The procedures referred to above and, if a violence prevention program is implemented, its procedures, policies, and work environment arrangements must be reviewed at least annually, or more frequently if there is:
  1. a change in work environment arrangements that could adversely affect:
    1. the effectiveness of the violence prevention program, or
    2. a worker’s well-being or safety, or
  2. a report that the procedures, policies or work environment arrangements, as applicable, aren’t working effectively (OHS Reg, Sec. 4.22.3).

MANITOBA

When a worker works alone or works in isolation, an employer must identify the risks arising from the conditions and circumstances of the worker’s work in consultation with the workplace JHSC, safety rep, or if there is no JHSC or safety rep, the workers at the workplace (WSH Reg, Sec. 9.2(1)).
An employer must, so far as is reasonably practicable, take steps to eliminate or reduce the identified risks to workers working alone or working in isolation (WSH Reg, Sec. 9.2(2)).
An employer must:
1. develop and implement safe work procedures to eliminate or reduce the identified risks to workers working alone or working in isolation;
2. train workers in the safe work procedures; and
3. ensure that workers comply with the safe work procedures (WSH Reg, Sec. 9.3(1)).
The safe work procedures must include:
1. the establishment of an effective communication system that consists of radio communication, telephone or cellular phone communication, or any other means that provides effective communication given the risks involved
2. any of the following:
  1. a system of regular contact by the employer with the worker working alone or in isolation,
  2. limitations on or prohibitions of specified activities,
  3. the establishment of training requirements; and
  4. where applicable, the provision of emergency supplies for use in travelling or working under conditions of extreme cold or other inclement weather conditions (WSH Reg, Sec. 9.3(2)).

An employer must post a copy of the safe work procedures in a conspicuous place at the workplace (WSH Reg, Sec. 9.3(3)).
An employer must review and revise the procedures at least every three years or sooner if circumstances at a workplace change in a way that poses a risk to the safety or health of a worker working alone or in isolation (WSH Reg, Sec. 9.3(4)).

NEW BRUNSWICK

An employer must establish a code of practice to ensure, so far as is reasonably practicable, the health and safety of an employee who works alone at any time at a place of employment from risks arising out of, or in connection with, the work assigned (Code of Practice for Working Alone Reg (“Reg”), Sec. 2).
The code of practice must include, at a minimum:
1. The name, address, location, and telephone number of the place of employment.
2. The name, address, location, and telephone number of the employer.
3. The nature of the business conducted at the place of employment.
4. Identification of the possible risks to each employee who works alone that arise out of or in connection with the work assigned.
5. The procedures to be followed in order to minimize those identified risks.
6. Details of the means by which an employee who works alone can secure emergency assistance and the employer can provide emergency assistance in the event of injury or other circumstances which may endanger the health or safety of the employee (Reg, Sec. 3).
An employer must provide any equipment required in a code of practice and ensure that the code of practice is complied with (Reg, Sec. 4).
An employee who works alone at any time must comply with the code of practice (Reg, Sec. 5).
An employer must implement a training program in respect of a code of practice for each employee who works alone at any time and for each supervisor who’s responsible for an employee who works alone at any time (Reg, Sec. 6).
An employer must ensure that a copy of a code of practice is readily available to an OHS officer on request (Reg, Sec. 7).

NEWFOUNDLAND & LABRADOR

An employer must conduct a risk assessment where a worker is assigned “to work alone or in isolation” (OHS Regs, Sec. 15(2)).
If the risk assessment identifies a hazard, appropriate controls must be implemented to eliminate, or where elimination is not practicable, minimize the risk associated with the hazard (OHS Regs, Sec. 15(3)).
An employer must develop and implement a written procedure for checking the well-being of a worker assigned to work alone or in isolation (OHS Regs, Sec. 15(4)).
The written procedure must include the time interval between checks and the procedure to follow in case the worker can’t be contacted, including provisions for emergency response (OHS Regs, Sec. 15(5)).
A person must be designated to establish contact with the worker at predetermined intervals and the results must be recorded by the person (OHS Regs, Sec. 15(6)).
The written procedure referred to in Item #4 must be developed in consultation with the worker assigned to work alone or in isolation, the JHSC, the Safety Rep, or designate, whichever applies (OHS Regs, Sec. 15(7)).
The procedure must be reviewed at least annually, or more frequently if there is:

a change in work arrangements that may adversely affect a worker’s well-being or safety; or
a report that procedures are not working effectively (OHS Regs, Sec. 15(8)).

NOVA SCOTIA

OHS regulations don’t specifically address working alone except for with regard to underground mining.

NORTHWEST TERRITORIES

If a worker is required or permitted to work alone or at an isolated work site, an employer, in consultation with the workplace JHSC or Safety Rep, or the workers if there is no JHSC or Safety Rep, must identify the hazards arising from the conditions and circumstances of that work (OHS Regs, Sec. 33(2)).
An employer must take reasonable measures to eliminate or reduce the risks posed by the hazards it identifies, including the establishment of an effective communication system that consists of:
1. radio communication;
2. phone or cellular phone communication; or
3. any other means that provides effective communication considering the risks involved (OHS Regs, Sec. 33(3)).

NUNAVUT

If a worker is required or permitted to work alone or at an isolated work site, an employer, in consultation with the workplace JHSC or Safety Rep, or the workers if there is no JHSC or Safety Rep, must identify the hazards arising from the conditions and circumstances of that work (OHS Regs, Sec. 33(2)).
An employer must take reasonable measures to eliminate or reduce the risks posed by the hazards it identifies, including the establishment of an effective communication system that consists of:
1. radio communication;
2. phone or cellular phone communication; or
3. any other means that provides effective communication considering the risks involved (OHS Regs, Sec. 33(3)).

ONTARIO

Express OHS work alone requirements pertain only to specific operations:

Work must not be performed in a trench unless another worker is working above ground in close proximity to the trench or to the means of access to it (Const Project Regs, 225).
Work must not be performed in a shaft, tunnel, caisson or cofferdam unless another worker is working above ground in close proximity to the shaft, tunnel, caisson, or cofferdam or to the means of access to it (Const Project Regs, 246).
Only a competent worker is allowed to work alone in an underground mine (Mines & Mining Plants Regs, Sec. 16(3)).
For purposes of the above, a worker isn’t deemed to be working alone in an underground mine if he or she:

is assigned to work with at least one other worker and is in regular visual contact with the other worker;
is in visual contact with another worker at least once every hour; or
has ready access to a system of two-way communication such as radio, telephone or other electronic means (Mines & Mining Plants Regs, Sec. 16(2)).

Unless otherwise provided below, a supervisor or competent worker designated by the supervisor must visit a worker at least three times during the worker’s shift, if the worker is working alone in an underground mine (Mines & Mining Plants Regs, Sec. 16(4)).
In the following circumstances, a supervisor or competent worker designated by the supervisor is required to visit a worker only once during the worker’s shift, if the worker is working alone in an underground mine:

The work conditions are standard.
A supervisor or competent worker designated by the supervisor visits or communicates with the worker at least once every two hours.
A record of the communications with the worker is kept (Mines & Mining Plants Regs, Sec. 16(5)).

The communication required by paragraph 2 of Item #6 above must be either face-to-face communication or by a system of two-way communication such as radio, telephone, or another electronic means (Mines & Mining Plants Regs, Sec. 16(6)).

PRINCE EDWARD ISLAND

Where a worker is working alone, the employer must develop and implement written procedures to ensure, as far as is reasonably practicable, the health and safety of the worker from risks arising out of, or in connection with, the work assigned. Information to be included (OHS Act Regs, Sec. 53.2(1)).
The above written procedures must include the following information:
1. The name, address, location, and telephone number of the workplace.
2. The name, address, location, and telephone number of the employer.
3. The nature of the business conducted at the workplace.
4. Identification of the possible risks to each worker working alone that arise from or in connection with the work assigned.
5. The steps to be followed to minimize those identified risks.
6. Details of the means by which a worker who is working alone can secure, and the employer can provide, assistance in the event of injury or other circumstances that may endanger the health or safety of the worker (OHS Act Regs, Sec. 53.2(2)).
The steps referred to in Item #2 (e) above must:
1. Specify the time intervals for checking on the worker.
2. Specify the person responsible for contacting the worker and recording the results of the contact.
3. Outline the process to be followed if the worker can’t be contacted, including provisions for an emergency rescue.
4. Provide for checking with the worker at the end of the worker’s shift (OHS Act Regs, Sec. 53.2(3)).
The employer and worker working alone must comply with the procedures developed in accordance with Item #1 above (OHS Act Regs, Sec. 53.3).
The employer must implement a training program for the working alone procedures for each worker who’s working alone and for each supervisor who’s responsible for a worker working alone (OHS Act Regs, Sec. 53.4).
The employer must ensure that a copy of the working alone procedures is available to an OHS officer on request (OHS Act Regs, Sec. 53.5).

QUÉBEC

When a worker performs a task alone in an isolated environment where it’s impossible for the worker to request assistance, an efficient means of surveillance, whether continuous or intermittent, must be installed (OHS Regs, Sec. 322).

SASKATCHEWAN

OHS regulations don’t specifically address rope access work safety.

If a worker is required or permitted to work alone or at an isolated place of employment, an employer or contractor, in consultation with the workplace JHSC or Safety Rep, or the workers if there is no JHSC or Safety Rep, must identify the risks arising from the conditions and circumstances of the worker’s work or the isolation of the place of employment (OHS Regs, Sec. 3-24(2)).
An employer or contractor must take all reasonably practicable measures to eliminate or reduce the risks it identifies, including:
1. The establishment of an effective communication system that consists of:
  1. radio communication;
  2. phone or cellular phone communication; or
  3. any other means that provides effective communication considering the risks involved.

That may also include any of the following:

1. Regular contact by the employer or contractor with the worker working alone or at an isolated place of employment.
2. Limitations on, or prohibitions of, specified activities.
3. Establishment of minimum training or experience, or other standards of competency.
4. Provision of personal protective equipment.
5. Establishment of safe work practices or procedures.
6. Provision of emergency supplies for use in travelling under conditions of extreme cold or other inclement weather conditions (OHS Regs, Sec. 3-24(3)+ (4)).

An employer of workers at a late night retail premises that has one worker working alone between the hours of 11:00 p.m. and 6:00 a.m. must, in addition to the above requirements:
1. implement a check‑in system and a written check‑in procedure for that worker; and
2. provide a personal emergency transmitter to be worn by the worker that signals for emergency response when activated (OHS Regs, Sec. 3-27(6)).

YUKON

A worker operating a chain saw must not work alone in a forestry operation (WSC Regs, Sec. 4.10(3)(d)).