A Guide to Lone Worker Monitoring in Canada

Importance of Lone Worker Monitoring Policies

Monitoring lone workers is critical for maintaining workplace safety. Working alone comes with inherent risks, especially in the construction, mining, utilities, healthcare, telecommunications, logistics, public service, local government, and agriculture industries. This is why creating comprehensive lone worker policies and legislations and implementing them on all levels is important for organizations.

Lone workers operate without supervision, which raises the risk levels when performing certain tasks. A good lone worker policy helps protect workers while ensuring the organization remains compliant with regulations in their area. That said, regulations can vary in different areas of Canada, so make sure to stay updated on updates on provincial regulations.

Federal Lone Worker Legislation in Canada

Canada’s federal lone worker legislation is very broad. In fact, there is no singular federal regulation that specifically targets lone workers. The only bill that generally covers lone work is Bill C-45 or the Westray Bill.

The Westray Bill is an amendment to the Criminal Code that established organizations’ legal duties for occupational health and safety, providing a framework on how to develop protocols applicable to various workers, including lone workers. The amendment imposes serious penalties and consequences for injuries and deaths that stem from violating the bill. Under the bill, both organizations and individuals can be found liable for failing to take reasonable measures to protect workers.

While not providing specific lone working-related policies, this is the only federal legislation that covers lone worker safety in Canada. However, it applies to individuals and organizations of all sizes, which includes private companies, governments, and charities.

Provincial Lone Worker Legislations

The reason lone worker regulations vary across Canada is that different provinces have their own legislation that targets lone workers. That said, most of these areas require organizations to conduct hazard assessments and then take appropriate measures to reduce the risks associated with the hazards they find.

While each province has its own provisions, the legislation covers the same general concerns. Under these regulations, organizations must conduct risk assessments for lone workers, place safeguards, and establish safety procedures to protect employees. These rules also require organizations to establish effective communication channels for workers conducting solo work.

Below is a list of the provinces that have provisions to regulate lone workers:

• Alberta, British Columbia, Manitoba, and Northwest Territories – There are provisions in place for how an employer should ensure lone worker safety through the help of risk assessments and provide the necessary training on how to address risks while on the job while involving employees. For British Columbia in particular, there must be check-ins with lone working employees after their working hours to assess the efficiency of their assessments.

• Newfoundland and Labrador – They have similar regulations but require employers to formally document their practices and review them annually as part of their responsibilities.

• New Brunswick and Prince Edward Island (PEI) – For employers, in addition to conducting regular risk assessments and creating the necessary changes based on them, they are also required to include their personal contact details in their code of safety practices for lone workers. This ensures that they can easily be contacted during emergencies, should they arise.

• Quebec – Employers follow the same standards as employers from the previously mentioned provinces do. However, Quebec laws emphasize the importance of constant surveillance of lone workers, requiring the need for an efficient continuous or intermittent employee monitoring system.

Alternatively, Ontario, Nova Scotia, and Yukon don’t have specific lone worker regulations. However, these provinces require that organizations have a minimum number of people working on certain hazardous tasks. Aside from these specific rules, organizations in these territories only need to follow the general duty clause of their provinces’ respective Health and Safety Acts.

Consequences of Non-Compliance

Since legislation varies across the country, the consequences of non-compliance vary as well. Companies must abide by their province’s local regulations, as failure to comply typically results in hefty fines and legal consequences. In certain cases, this could also mean higher Workers’ Compensation Board (WCB) premiums, legal action, and criminal action.

On top of that, employers and organizations must also deal with the moral repercussions of endangering employees. This is why understanding local policy on lone workers and making an effort to reduce the risks of lone work is critical for Canadian organizations.