This is a problem because workers in Alberta aren’t allowed to work more than 12 hours per day except in emergency circumstances.
ESC Hours of work confined
16(1) An employer must confine an employee’s hours of work within a period of 12 consecutive hours in any one work day unless
an accident occurs, urgent work is necessary to a plant or machinery, or other unforeseeable or unpreventable circumstances occur.
So, if the “unless” clause of Sec. 16(1) doesn’t apply, SOMEBODY is committing an ESC violation–and that’s probably going to be you if your the worker’s employer. Yes, you have the right to limit the number of hours your employees work for third party contractors. In fact, you have the DUTY to do so. The way to carry out that duty is through the contract with the contractor which should stipulate that the contractor and the work must comply with all applicable laws, including but not limited to the ESC and OHS Act, Regs and Code. Even if your contract doesn’t say this, you need to step in and put a stop to the practice of 16 hour days and ensure that no worker is going beyond the 12-hour daily limit (unless one of the Sec. 16(1)) exceptions applies.
Apologize for taking so long to respond. Was a bit ailing last week. Please do as I say and not as I do and take care of this right away. Thanks. Glenn
