The obligations on employers, constructors and other workplace
stakeholders once a workplace accident occurs are heavy. The
Occupational Health and Safety Act requires that
these parties take positive actions immediately from the time that
an accident occurs. These actions can have important
implications for later legal proceedings. Failing to comply
with these obligations is itself a breach of the Act and can lead
to legal liability distinct from and in addition to any liability
flowing from the accident.
Simply put, navigating the requirements of the
Act and the Ministry investigation following a
workplace accident is a minefield. An employer can be subject
to prosecution for steps it takes following a workplace
investigation, regardless of its liability for the accident
itself. Furthermore, an employer can irreparably damage its
ability to defend itself against a future prosecution. Even
steps that seem straightforward under legislation can have
