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Occupational Health and Safety Complaints

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Workers can file a complaint with the Harassment and Discriminatory Action Prevention Unit of Occupational Health and Safety if they think their employer is not complying with health and safety laws.

You cannot make a complaint under occupational health and safety laws if you decide to leave your job. The protections under these laws can help you stay in your job safely but staying may not always be right for you. If you decide to leave your job you may have other options under human rights or criminal law.

You can file a complaint with the Harassment and Discriminatory Action Prevention Unit of Occupational Health and Safety if you have reported harassment to your employer and your employer…

  • has failed to perform their duties under occupational health and safety laws regarding harassment such as taking corrective action or
  • has retaliated against you for making a report about harassment

A complaint cannot be anonymous but Occupational Health and Safety will maintain confidentiality as much as possible.

After speaking with you they will determine if an investigation is warranted. If so they will send you a questionnaire to complete about your situation. If Occupational Health and Safety is not going investigate they will notify you. If, after the investigation, they determine there has been a violation of occupational health and safety laws your employer can be ordered to do things such as…

  • create a Harassment Prevention Policy if they do not have one
  • investigate the incident if it has not been investigated or not investigated properly
  • ensure no further harassment takes place
  • reinstate you and compensate you for lost wages if you were wrongfully terminated because you made a complaint.

It is important to remember that, except in cases when you were terminated for making a complaint, Occupational Health and Safety cannot order an employer or anyone else to pay you monetary compensation because you have been sexually harassed at work. There may be other ways to pursue compensation. If you are eligible for Workers' Compensation you can be reimbursed for medical costs and provided with paid time off work to recover. A human rights complaint could also result in you receiving monetary compensation, depending on the situation.

Appeals

Anyone directly affected by the decision of an Occupational Health Officer can appeal the decision. This must be done in writing within 15 days of being notified of the decision. The Notice of Appeal must include the...

  • names of all people directly affected by the decision
  • decision that is being appealed
  • grounds for the appeal
  • remedy requested

Appeals are heard by adjudicators appointed by the Government for this purpose. A date is set for a hearing with input from the Adjudicator and the parties. Notice of the hearing is served on everyone directly affected by the decision being appealed. Hearings can be informal and Adjudicators can admit evidence that would not be allowed in a court of law. At the end of the hearing the Adjudicator can dismiss the appeal or change the decision.

An Adjudicator's decision can be appealed to the Labour Relations Board but only if the Adjudicator made an error concerning the law.

The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!

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About PLEA

PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.