Regulation of lone work in Canada

What does the law define as a lone worker?

Definition of lone worker

The Canadian Labour Code does not provide a specific definition of lone worker. A lone worker is generally understood as an employee who can’t be seen or heard by another person while he is working and cannot be promptly rescued in the event of an accident or aggression. It can also refer to a group of individuals isolated from their organizational structure due to geographical distance, or lack of communication means. The law does not set a minimum duration to consider an employee in a lone work situation. This means that even a few minutes of lone work during an entire workday is sufficient to classify the employee as a lone worker. Some provinces have implemented specific regulations for the protection of lone workers and have defined lone work, as is the case in the province of Alberta.

Who are lone workers?

In practice, lone work exists in various sectors, including construction, maintenance, industry, security, hospitality, restaurants, healthcare, services, agriculture, logistics, transportation, estate agents, and more. In all these situations, employers must ensure the safety of employees to protect their physical and mental health. Additionally, the increasing prevalence of teleworking poses new safety challenges.

What are the risks for a lone worker?

Physical risk

The situation of lone work can expose employees to falls and external violence (verbal or physical aggression) without anyone being able to assist them.

Medical risk

Certain individuals may have medical conditions that cause sudden symptoms requiring special assistance, such as fainting, dizziness, panic attacks, or epileptic seizures. In such cases, lone work should be avoided.

Psychosocial risk

Lone work exposes employees to an insecure situation, becoming a significant risk factor for stress, anxiety, burnout, or illness.

What are the employer’s obligations for lone workers?

Employer obligations regarding Occupational Health and Safety (OHS) vary depending on the applicable law. Although many rules are similar in all provinces and territories of Canada, there may be variations from one administrative region to another. It is crucial to comply with the relevant regulations: federal regulations for federal companies and regulations specific to the province where the company is located for other cases.

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Federal companies: Application of the Canadian Labour Code

The Canadian Labour Code is the law applicable to all federal companies concerning labor relations. Article 2 of the Canadian Labour Code defines federal companies as “any work, undertaking or business that is within the legislative authority of Parliament, including, without restricting the generality of the foregoing”. This includes banks, telecom companies, interprovincial and international maritime, railway, and road transport companies, among others.

Is lone work allowed under the Canadian Labour Code?

There is no provision in the Canadian Labour Code that prohibits employees from working alone. However, the Code places a general obligation on the employer to protect employees. Article 124 of the Code states that “every employer shall ensure that the health and safety at work of every person employed by the employer is protected”.
If employees are in lone work situations, the employer must be particularly vigilant and adopt specific measures to fulfill their obligation to protect them. Implementing an alert system like NEOVIGIE, which provides quick assistance to individuals in distress, is strongly recommended. In the event of an accident, the faster rescuers are notified, the higher the chances of saving the person in distress. A lone worker without any means of alert faces potentially dramatic consequences in case of an accident.

While lone work is generally allowed, there are specific situations in which the Canadian regulation on occupational health and safety prohibits it.

For example:

Performing certain types of work on electrical tools that require the presence of a safety monitor or first aider [Article 8.8 and subsection 16.3(3) respectively]
Working in a confined space with associated risks [Paragraph 11.5(1)(c)]
Exposing oneself to a risk of drowning [Paragraph 12.11(2)(b)]
Performing maintenance or repair work on a machine that is practically impossible to lock [Subparagraph 13.16(2)(ii)]
Operating material handling equipment with obstructed views [Subsection 14.25(b)].

Similar requirements are stated in other regulations under the Canadian Labour Code, which should be consulted accordingly. These include the Regulations on Occupational Health and Safety in Marine Workplaces, the Regulations on Occupational Health and Safety in Aircraft Operations, the Regulations on Occupational Health and Safety in Railway Operations, and the Regulations on Occupational Health and Safety in Oil and Gas Operations.

Can employees refuse dangerous work?

Article 128 of the Canadian Labour Code allows employees to refuse to use or operate a machine or thing, to work in a place or to perform a task, if they believe that:
a) the use or operation of the machine or thing constitutes a danger to himself or to another employee;
b) it is dangerous for him to work in the place;
c) the performance of the task constitutes a danger to himself or to another employee.

However, it is not possible to refuse to perform dangerous work if this refusal endangers the life, safety, or health of another person, or if the danger is a normal condition of employment. Nor does the authorization to refuse to apply to employees aboard a ship or aircraft in service, who may have to continue working in circumstances they consider dangerous.

Is it compulsory for federal companies to equip their workers with Lone worker protection and Lone worker warning device?

The CCOHS (Canadian Centre for Occupational Health and Safety) recommends, first and foremost, avoiding lone working situations. When this is not possible, it suggests implementing a check-in procedure and equipping employees with a means of communication. The NEOVIGIE lone worker warning device, with its alert triggering and check-in functionalities, complies with this recommendation.

Quebec companies: Application of the Quebec Occupational Health and Safety Act (OHSA)

Is lone work allowed in Quebec?

Quebec companies are subject to the Occupational Health and Safety Act. The OHSA does not prohibit lone work. However, for work in confined spaces, it is mandatory that the worker be accompanied by another person who supervises the worker from outside the confined space, in accordance with Article 308 of the Regulation on Occupational Health and Safety. In addition, under section 51 of the Occupational Health and Safety Act, the employer must take necessary measures to protect the health and ensure the safety and physical and psychological integrity of the worker.

Can employees refuse dangerous work?

Article 12 of the Act respecting occupational health and safety allows a worker “to refuse to perform particular work if he has reasonable grounds to believe that the performance of that work would expose him to danger to his health, safety or physical mental well-being, or would expose another person to a similar danger”. However, this provision is limited because a worker may not refuse to perform work if such refusal would immediately endanger the life, health and safety or physical or psychological integrity of another person, or if it is normal for the conditions under which the work is performed to be such, according to the article 13 of the Occupational Health and Safety Act.

Is it compulsory for Quebecer companies to equip their workers with Lone worker protection and Lone worker warning device?

Article 322 of the Act respecting occupational health and safety states that “when a worker performs a task alone in an isolated environment where it is impossible for him to request assistance, an efficient means of surveillance, whether continuous or intermittent, shall be installed”. Therefore, if employees are in isolated work situations, the employer must equip them with a communication device and establish a monitoring procedure. The NEOVIGIE solution allows for automatic and regular check-in, enabling companies to track their employees in isolated environments.

Ontario companies: Application of the Ontario Occupational Health and Safety Act (OHSA)

Is lone work allowed in Ontario?

Ontario companies are subject to the Occupational Health and Safety Act. The OHSA in Ontario does not generally prohibit lone work. However, this is prohibited in some cases, such as for work in confined spaces for example.

Can employees refuse dangerous work?

Article 43 of the OHSA allows a worker to “refuse to work or do particular work where he or she has reason to believe that:

any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;
the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself […]”.

Is it compulsory for Ontarian companies to equip their workers with Lone worker protection and Lone worker warning device?

Unlike most other provinces, Ontario does not have specific regulations regarding lone work. However, the OHSA states that employers must “take every precaution reasonable” to protect workers. It is up to the employer to take measures they consider reasonable to ensure the safety of employees working in isolated environments.

Alberta companies: Application of the Alberta Occupational Health and Safety Act (OHSA)

Definition of lone work in Alberta

Alberta has specific regulations for lone work. According to the law, two conditions must be met for work to be classified as isolated: the worker must actually be alone, and they must not have easy access to help in case of injury, illness, or emergency.

Is lone work allowed in Alberta?

Lone work is allowed in Alberta, but employers are subject to specific obligations. They must conduct a risk assessment and implement appropriate measures to eliminate or control the risks.

Can employees refuse dangerous work?

An employee can refuse to perform a dangerous task. In such cases, they must immediately report this refusal to a supervisor or employer, who will then conduct an investigation.

Is it compulsory for Albertan companies to equip their workers with Lone worker protection and Lone worker warning device?

Section 28 of Alberta’s OHSA states that employers must provide employees working in isolated environments with a reliable means of communication and contact employees regularly to ensure their well-being.

The OHSA contains specific provisions for lone workers at gas stations and convenience stores. The employer must provide a personal emergency transmitter that the worker must wear at all times when working alone.

The Alberta government provides a guide for working in isolated environments.

NEOVIGIE offers a solution that helps companies comply with Alberta’s regulations.

British Columbia companies: Application of the British Columbia Occupational Health and Safety Act (OHSA)

Definition of lone work in British Columbia

British Columbia has specific regulations for lone work. According to the law, lone working means working in circumstances where the worker would not have easy access to help in case of emergency, injury or ill health. British Columbia has also established an agency to oversee workplace safety: Work Safe BC.

Is lone work allowed in British Columbia?

Lone work is allowed in British Columbia, but employers are subject to specific obligations. Before assigning a worker to isolated work, employers must identify all the risks to that worker and take all measures to eliminate or minimize the hazard. However, lone work is prohibited in some cases, such as for work in confined spaces for example.

Can employees refuse dangerous work?

An employee can refuse to perform a dangerous task according to the OHSA. In such cases, they must immediately report this refusal to a supervisor or employer.

Is it compulsory for British Columbian companies to equip their workers with Lone worker protection and Lone worker warning device?

Section 4.21 and following the OHSA in British Columbia states that in the presence of lone work, employers must implement a procedure for regular check-ins. The law specifies that the higher the risk, the shorter the check-in intervals should be. Additionally, a check-in procedure must be planned at the end of the worker’s shift.

Section 4.22.1 also stipulates that for night work in gas stations or convenience stores, additional measures must be taken to address potential aggressions. As part of these measures, providing an alert device that allows the worker to contact the employer or a security company is mandatory.

Saskatchewan companies: Application of the Saskatchewan 2020 Occupational Health and Safety Act (OHSA)

Definition of lone work in Saskatchewan

Saskatchewan has specific regulations for lone work. According to the law, lone working means working in circumstances where the worker would not have easy access to help in case of emergency injury or ill health.

Is lone work allowed in Saskatchewan?

Lone work is allowed in Saskatchewan, but employers must assess each work site to identify risks and take reasonably possible measures to eliminate or reduce them.

Can employees refuse dangerous work?

Employees can refuse to perform a task if they have good reason to believe it is exceptionally dangerous. The unusual hazard can be to workers themselves or to others.

Is it compulsory for Saskatchewan companies to equip their workers with Lone worker protection and Lone worker warning device?

The law (3-24 - OHS 2020) stipulates that employers must provide communication means for employees working alone. In the case of individuals working alone at night in stores, a communication method alone is not enough. In such cases, they must be equipped with an alert system along with a presence declaration procedure (3-26 – OHS 2020).

NEOVIGIE offers a solution that helps companies comply with Saskatchewan’s regulations.

Nova Scotia companies: Application of Nova Scotia Occupational Health and Safety Act (OHSA)

Definition of lone work in Nova Scotia

Nova Scotia has specific regulations for lone work. According to the law, lone working means working in circumstances where it is complex or even impossible to provide assistance to the worker.

Is lone work allowed in Nova Scotia?

Lone work is allowed in Nova Scotia, but employers are subject to specific obligations. They must first identify if the worker exposed to lone work is exposed to certain risks or hazards, and mitigate the consequences as much as possible.

Can employees refuse dangerous work?

Section 43 of the Occupational Health and Safety Act allows workers to refuse to perform a task if they have reason to believe it is dangerous to their health, safety or the safety of another person.

Is it compulsory for Nova Scotia companies to equip their workers with Lone worker protection and Lone worker warning device?

The Regulation on Occupational Health and Safety requires the employer to establish a written procedure to ensure the well-being of lone workers, including a check-in. Therefore, if the employees are in lone work situations, the employer must equip them with a communication device and establish an emergency intervention procedure.

The NEOVIGIE solution allows for automatic and regular check-in, enabling companies to track their employees in isolated environments.

New Brunswick companies: Application of New Brunswick Occupational Health and Safety Act (OHSA)

Definition of lone work in New Brunswick

New Brunswick has specific regulations for lone work. According to the law, an employee who is required to work alone at any time in a workplace is considered a lone worker.

Is lone work allowed in New-Brunswick?

Companies are subject to the Code of Practice for Working Alone Regulation. The NB Reg 92-133 does not prohibit lone work. However, it obliges the employer to establish a code practice to ensure “the health and safety if 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”.

Can employees refuse dangerous work?

Section 19 of the Occupational Health and Safety Act allows workers to refuse “to do any act where the employee has reasonable grounds for believing that the act is likely to endanger their health or safety or the health or safety of any other employee”.

Is it compulsory for New Brunswick companies to equip their workers with Lone worker protection and Lone worker warning device?

The NB Reg 92-133 requires the employer to define, in the Code of Practice for Working Alone Regulation, “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”. In addition to this, there is an obligation for the employer to “provide any equipment required in a code of practice”.

NEOVIGIE offers a solution that helps companies comply with New Brunswick’s regulations.

Newfoundland and Labrador companies: Application of the Newfoundland and Labrador Occupational Health and Safety Act (OHSA)

Definition of lone work in Newfoundland and Labrador

Newfoundland and Labrador has specific regulations for lone work. According to the law, lone working means working in circumstances where it is complex or even impossible to provide assistance to the worker.

Is lone work allowed in Newfoundland and Labrador?

Lone work is allowed in Newfoundland and Labrador, but employers are subject to specific obligations. They must first conduct a risk assessment whenever a worker is exposed to lone work.

Can employees refuse dangerous work?

Section 45 of the Occupational Health and Safety Act allows workers to refuse to perform a task if they have reason to believe it is dangerous to their health, safety or the safety of another person.

Is it compulsory for Newfoundland and Labrador companies to equip their workers with Lone worker protection and Lone worker warning device?

Prince Edward Island companies: Application of the Prince Edward Island Occupational Health and Safety Act (OHSA)

Definition of lone work in Prince Edward Island

Prince Edward Island has specific regulations for lone work. According to the law, employees are qualified as such when working at a workplace where they are the only representative of their company, under circumstances where it is complex or even impossible to provide them with assistance.

Is lone work allowed in Prince Edward Island?

Lone work is allowed in Prince Edward Island, but employers are subject to specific obligations. They must first identify if the worker exposed to lone work is exposed to certain risks or hazards, and mitigate the consequences as much as possible.

Can employees refuse dangerous work?

Section 28 of the Occupational Health and Safety allows a worker to refuse “to do an act at the worker’s workplace where the worker has reasonable grounds for believing that the act is likely to endanger the worker’s occupational health or safety or the occupational health and safety of another worker”.

Is it compulsory for Prince Edward Island companies to equip their workers with Lone worker protection and Lone worker warning device?

Nunavut companies: Application of the Nunavut Occupational Health and Safety Act (OHSA)

Definition of lone work in Nunavut

Nunavut has specific regulations for lone work. According to the law, employees are qualified as such when working at a workplace where they are the only representative of their company, under circumstances where it is complex or even impossible to provide them with assistance.

Is lone work allowed in Nunavut?

Lone work is allowed in Nunavut, but employers are subject to specific obligations. The OHSA imposes on them, as a first step, to identify if the worker exposed to lone work is exposed to certain risks or hazards, and mitigate the consequences as much as possible.

Can employees refuse dangerous work?

The OHSA allows employees to refuse to perform a task if they have good reason to believe it is exceptionally dangerous. The unusual hazard can be to workers themselves or to others.

Is it compulsory for Nunavut companies to equip their workers with Lone worker protection and Lone worker warning device?

The Regulation on Occupational Health and Safety requires the employer to establish a continuous communication system with the lone worker in order to mitigate the risks inherent in their work situation. In this regard, providing an alert device that allows the employee to contact the employer and make check-in is perfectly suited.

NEOVIGIE offers a solution that helps companies comply with Nunavut regulations.

Yukon companies: Application of the Yukon Occupational Health and Safety Act (OHSA)

Is lone work allowed in Yukon?

Yukon companies are subject to the Yukon Occupational Health and Safety Act. The Yukon OHSA does not prohibit lone work. However, employers must ensure that:

« the workplace, machinery, equipment, and process under the employer’s control are safe and without risks to health;
work techniques and procedures are adopted and used that will prevent or reduce the risk of occupational injury; and
workers are given necessary instruction and training and are adequately supervised, taking into account the nature of the work and the abilities of the workers.”

Can employees refuse dangerous work?

Section 15 of the Occupational Health and Safety allows workers to refuse to perform a task if they have reason to believe that:

“the use or operation of a machine, device, or thing constitutes an undue hazard to that worker or any other person; or
a condition exists in the workplace that constitutes an undue hazard”.

Is it compulsory for Yukon companies to equip their workers with Lone worker protection and Lone worker warning device?

The Occupational Health and Safety states that employers must take a set of precautions to protect workers. It is the employer’s responsibility to take measures that they consider reasonable to ensure the safety of employees working in isolated environments.

Northwest Territories companies: Application of the Northwest Territories Occupational Health and Safety Act (OHSA)

Definition of lone work in Northwest Territories

The Northwest Territories have specific regulations for lone work. According to the law, this refers to “work at a work site as the only worker at that work site, in circumstances where assistance from another person who is a first aid attendant is not readily available in the event of injury or emergency”.

Is lone work allowed in Northwest Territories?

Lone work is allowed in Northern Territories, but employers are subject to specific obligations. The OHSA requires them to “identify the hazards arising from the conditions and circumstances of that work”. They then have to “take reasonable measures to eliminate or reduce the risks posed by the hazards identified”.

Can employees refuse dangerous work?

Article 13 of the Occupational Health and Safety Act allows workers to refuse to perform a task when it exposes them, or another person, to dangerous situations for their safety.

Is it compulsory for Northwest Territories companies to equip their workers with Lone worker protection and Lone worker warning device?

The Regulation on Occupational Health and Safety requires the employer to establish a continuous communication system with the lone worker in order to mitigate the risks inherent in their work situation. In this regard, providing an alert device that allows the employee to contact the employer and make a check-in is perfectly suited.

NEOVIGIE offers a solution that helps companies comply with Northwest Territories regulations.

Manitoba companies: Application of the Manitoba Occupational Health and Safety Act (OHSA)

Definition of lone work in Manitoba

Manitoba has specific regulations for lone work. According to the law, employees are qualified as such when they are isolated from other individuals due to reasons of schedules, location, or the nature of the task itself.

Is lone work allowed in Manitoba?

Lone work is allowed in Manitoba, but employers are subject to specific obligations. They must first identify if the worker exposed to lone work is exposed to certain risks or hazards, and mitigate the consequences as much as possible.

Can employees refuse dangerous work?

Section 43.1 of the Workplace Safety and Health Act allows workers to refuse to perform a task when it exposes them, or another person, to dangerous situations for their safety.

Is it compulsory for Manitoba companies to equip their workers with Lone worker protection and Lone worker warning device?

The Occupational Health and Safety Act requires the employer to establish a continuous communication system with the lone worker in order to mitigate the risks inherent in their work situation. In this regard, providing an alert device that allows the employee to contact the employer and make check-in is perfectly suited.

NEOVIGIE offers a solution that helps companies comply with Manitoba regulations.

What to do to protect a lone worker?

From these various regulations, a number of principals emerge that should be applied to ensure the safety of lone workers:

Conduct a risk assessment and keep it up to date to identify the hazards associated with working alone in a specific workplace. The risk assessment should be communicated to all staff and should identify the measures to be implemented to protect employees.
Train employees so that they are aware of the hazards and can understand the procedures to follow in the event of an accident or aggression.
Provide a reliable communication tool suitable for the environment in which the employee operates. In cases where a GSM network is not available, a radio or satellite communication solution should be considered.
Implement a procedure for reporting presence and, in the case of movement, be aware of the route the employee will take.

The NEOVIGIE solution helps companies implement these recommendations.

What are the consequences of non-compliance?

Decreased productivity:

Labor regulations have been established to ensure that employees work under favorable conditions, guaranteeing their physical and mental well-being. Non-compliance with regulations exposes employees to unfavorable work conditions, leading to negative impacts on their morale and health, ultimately resulting in decreased productivity.

Fines and prison sentences:

Non-compliance with regulations can lead to significant fines. In severe cases, such as accidents or fatalities, the company’s negligence might result in prison sentences.