The legal requirements for a sun safety program and your duties as individuals within a workplace (a workplace party) and the health and safety committee will be different depending on whether you are in a federal, provincial or territorial workplace.
When developing a sun safety program, use the terms found in your occupational health and safety (OHS) legislation. Some OHS acts and regulations have specific requirements for UV radiation and heat exposure, and some do not.
We focus on the prevention of health conditions from the sun. Most Canadian jurisdictions have separate legislation for OHS and for workers’ compensation. In British Columbia, OHS is covered by the British Columbia Workers’ Compensation Act. We are not covering workers’ compensation issues here. For example, this includes notification requirements or compensation for skin cancer.
We have created a fact sheet on legal requirements for a sun safety program to help you navigate the legislation. We recommend reviewing this fact sheet first, and then looking at the legal requirements for your jurisdiction. This is an overview and not a comprehensive analysis of OHS legislation in Canada with regard to sun safety. Please consult original sources and/or legal counsel about specific legal issues.
Learn about the legal requirements related to workplace sun safety by clicking on your jurisdiction.
Federal workplaces
The Canada Labour Code, RSC 1985, c L-2, applies to workplaces across Canada that are federally regulated. Part II of the Code is concerned with OHS. There is a general duty for employers in section 124 and a number of broad duties of relevance in section 125. Employees also have a general duty. The primary regulation, the Canada Occupational Health and Safety Regulations, SOR/86-304 has requirements for the supply of drinking water, and limited requirements for heat stress and non-ionizing radiation.
Sun Safety Law for Federal Workplaces Fact Sheet
Alberta
The Alberta Occupational Health and Safety Act, RSA 2000, c O-2, has general duties for the employer and for workers. The words ‘supervisor’ and ‘manager’ are not used in the Act. Unlike other Canadian jurisdictions, a health and safety committee is required only if the Minister orders that one be established. Rather than a right to refuse unsafe or dangerous work, a worker has a duty to stop work where there is an ‘imminent danger’. The primary regulation under the AB OHSA, Occupational Health and Safety Regulation, Alta Reg 62/2003, does not contain anything specific regarding sun safety, UV radiation, heat stress or providing drinking water.
Sun Safety Law for Alberta Fact Sheet
British Columbia
Part 3 of the British Columbia Workers’ Compensation Act, RSBC 1996, c. 492, is about OHS. The primary regulation is the Occupational Health and Safety Regulation, BC Reg 296/97.
Sun Safety Law for British Columbia Fact Sheet
Manitoba
The Manitoba Workplace Safety and Health Act, C.C.S.M. c. W210, has a number of relevant general duties for the employer, supervisors and workers. The workplace health and safety committee will be actively involved in the development of a sun safety program. The primary regulation, Workplace Safety and Health Regulation, Man. Reg. 217/2006, has requirements for thermal stress, non-ionizing radiation (UV radiation) and providing drinking water.
Sun Safety Law for Manitoba Fact Sheet
New Brunswick
The New Brunswick Occupational Health and Safety Act, SNB 1983, c O-0.2, has a general duty for employers. A health and safety committee will be involved with the development of a sun safety program. The primary regulation, General Regulation, NB Reg 91-191, has requirements for thermal stress. There are provisions for infra-red radiation and ultraviolet radiation although it appears to be intended to cover equipment as sources of radiation. There is a requirement for providing drinking water.
Sun Safety Law for New Brunswick Fact Sheet
Newfoundland and Labrador
The Newfoundland and Labrador Occupational Health and Safety Act, RSNL 1990, c O-3, has a number of relevant general duties for the employer, supervisors and workers. The occupational health and safety committee will be actively involved in the development of a sun safety program. The primary regulation, Occupational Health and Safety Regulations, 2012, NLR 5/12, has further broad duties for employers. The regulation has requirements for skin protection, thermal stress, and providing drinking water. Notifiable occupational diseases include diseases caused by heat radiation, ultraviolet radiation extreme temperature (e.g. sunstroke), as well as occupational cancer.
Sun Safety Law for Newfoundland and Labrador Fact Sheet
Northwest Territories
The Northwest Territories Safety Act, R.S.N.W.T. 1988, c.S-1, has general duties for the employer and workers. There is also a Mine Health and Safety Act, S.N.W.T. 1994, c.25, which has general duties for the mine owner, directors and officers, the mine manager, supervisors, contractors and workers.
Sun Safety Law for Northwest Territories Fact Sheet
Nova Scotia
The Nova Scotia Occupational Health and Safety Act, S.N.S. 1996, c. 7, has general duties for employers and employees. The joint health and safety committee has broad functions that would apply to the development of a sun safety program. The primary regulation, the Occupational Safety General Regulations, NS Reg 44/99, has broad duties to provide protection if there is the possibility of injury to eyes, face, neck or skin. These may apply to sun exposure. There are a number of specific requirements for providing drinking water.
Sun Safety Law for Nova Scotia Fact Sheet
Nunavut
The Nunavut Safety Act, R.S.N.W.T. (Nu) 1988, c.S-1, has general duties for the employer and workers. There is also a Mine Health and Safety Act, S.N.W.T. (Nu) 1994, c.25, which has general duties for the mine owner, directors and officers, the mine manager, supervisors, contractors, and workers.
Sun Safety Law for Nunavut Fact Sheet
Ontario
The Ontario Occupational Health and Safety Act, RSO 1990, c O.1, has general duties for the employer and supervisors as well as some broad duties to advise workers of hazards. The three main sectoral regulations are the Construction Projects, O Reg 213/91, Industrial Establishments, RRO 1990, Reg 851, and the Mines and Mining Plants, RRO 1990, Reg 854.
Sun Safety Law for Ontario Fact Sheet
Prince Edward Island
The Prince Edward Island Occupational Health and Safety Act, RSPEI 1988, c O-1.01, has general duties for the employer and workers, among others. The primary regulation, the General Regulations, PEI Reg EC180/87, has some requirements for drinking water and thermal stress.
Sun Safety Law for Prince Edward Island Fact Sheet
Quebec
The Quebec legislation, An Act Respecting Occupational Health and Safety, CQLR c S-2.1, has a general duty for employers and a number of other broad duties of relevance. Supervisors are specifically mentioned. Workers have some relevant duties. The primary regulation, the Regulation Respecting Occupational Health and Safety, CQLR c S-2.1, r 13, has detailed requirements for heat stress.
Sun Safety Law for Quebec Fact Sheet
Saskatchewan
The Saskatchewan Employment Act, SS 2013, c S-15.1, Part 3, contains general duties for the employer, supervisors, workers, contractors, owners and self-employed persons. The Occupational Health and Safety Regulations, 1996, RRS c O-1.1 Reg 1, contain requirements for drinking water, skin protection and thermal stress.
Sun Safety Law for Saskatchewan Fact Sheet
Yukon
The Yukon Occupational Health and Safety Act, RSY 2002, c.159, contains general duties for employers, contractors, owners, self-employed persons, supervisors and workers. The employer also has broad duties about appropriate work techniques and procedures, training of workers and ensuring the awareness of hazards by workers. Occupational Health and Safety Regulations, YOIC 2006/178, define administrative and engineering controls, and have some relevant requirements regarding personal protective equipment. A second set of relevant regulations, the Occupational Health Regulations, O.I.C. 1986/164, has detailed requirements for heat stress.