Health and Safety Legislation in Canada - Competent

In Canada, some jurisdictions formally define “competent” or “competent person”/“competent worker”. The seven jurisdictions that define “competent” are Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, and Nunavut. The four jurisdictions that define a “competent person” or “competent worker” are Saskatchewan, Ontario, Nova Scotia, and Prince Edward Island. (Note: Saskatchewan defines both terms.) The federal and Yukon jurisdictions use the term “qualified person”.

The remaining jurisdictions – British Columbia and Quebec use or imply the terms “competent” and “competent worker” but they do not define the terms.

A table that summarizes how each jurisdiction defines competent, competent person/worker, or qualified worker is provided below.

REMEMBER: The information below is a general summary only. For any information about legislation and the requirement(s) to be competent, always check directly with your jurisdiction for the exact legal interpretation.

In general, for people to be competent in the health and safety aspects of their work, they will have a combination of the following requirements:

• be qualified because of knowledge, training, and experience to do the assigned work
• have knowledge about the hazards and risks associated with the job or task to be performed (e.g., knows what hazards and risks are present)
• know how to recognize, evaluate and control these hazards and risks (e.g., knows what precautions to take or controls to use/are in place for the different hazards or risks)
• have the ability to work so that their health and safety and the health and safety of others are not in danger
• have knowledge of the laws and regulations that apply to the work being done

These abilities can be learned or acquired through a combination of a person's knowledge, skills, experience, and training. Knowledge can be defined as knowing both what to do as well as how to do it. Skill can be defined as having the ability to perform the activity correctly. Skills often require technical know-how, expertise, practice, measurement, and feedback to develop into ability. Some abilities will be gained through experience and practice, other abilities may be learned through informal and formal education and training.

As an example, Alberta Labour provides a description of characteristics that may be used to describe a worker as “competent”:

“(1) adequately qualified — the worker has some type of qualification, usually earned through a formal education program, training course, etc., or a combination of education and practical experience. With certain exceptions such as professional designations e.g. professional engineer, nurse, physician, etc. or other legal requirement involving qualifications, the employer is responsible for evaluating and deciding if a worker is adequately qualified. ...

(2) suitably trained — the worker must have training that is appropriate to the tasks, equipment, etc., that will be performed or used. ... ; and

(3) with sufficient experience to safely perform work without supervision or with only a minimal degree of supervision — determining whether a worker has sufficient experience to safely perform work is the employer's responsibility. A worker's qualifications, training and experience are no guarantee that work will be performed safely. ... .”

In all cases, Alberta Labour states that it is the employer who should be able to justify the basis on which a worker is considered to be “adequately qualified”, “suitably trained” or “sufficient experience”.

From: Alberta Labour, 2018. OHS Code Explanation Guide 2018 (covering changes effective January 31, 2020)

It is not possible to provide a general list of the exact knowledge, training and experience required. Every organization must determine the requirements for each position or task to be done.

In some cases, these abilities can be held by a single individual or by a team of people. Organizations can prepare individuals (or teams) to be competent by facilitating the appropriate education, training, skills development, and experience. Methods of gaining experience can include mentorship, assisting senior workers, scenario based training, observation, etc.

In many ways, yes. However, supervisors also act on behalf of the employer, and have authority over the work and/or workers. There are additional competencies that supervisors require, including:

• directing or organizing the work and how that work is performed
• informing workers about actual or potential dangers, including explaining the laws that apply
• showing workers how to work safely, which may include training or written instructions, or correcting their work performance
• responding to workers concerns
• making sure workers use methods, procedures, and equipment required
• making sure workers work in compliance with the Acts and regulations that apply
• making sure workers use or wear the protective equipment or clothing that the employer requires
• taking every precaution reasonable to protect workers

Yes. A certificate can be defined as a written document that states a person has successfully completed a defined training event as established by an appropriate evaluation. The certificate is awarded by the organization that provided the training.

Certification refers to the process of affirming that professionals (or services or goods) have met a certain set of standards or quality. Certification is usually done by a group or authority in that discipline or done in comparison to a recognized set of criteria. To be certified, a review is conducted to make certain that the person meets the qualifications and standards set by the evaluating organization. Certification may involve completing a certain number of work hours, education, or examinations. Certification often results in credentials that can be used with the person’s name to show that they have met these requirements.