Aggravating And Mitigating Sentencing Factors In OHSA Convictions

Facing OHSA charges can be daunting, with severe fines and potential jail time on the line. What factors influence the court's decision on penalties? How can companies and individuals mitigate their sentencing? Are there specific steps that can lessen the impact of a conviction? This is the second blog in our OHSA series and aims to answer these critical questions, providing insights into the aggravating and mitigating factors that play a role in OHSA sentencing. We discussed the Due Diligence Primer in depth in our recent blog post.

Introduction

Section 66(1) of the Occupational Health and Safety Act ("OHSA") grants the court wide discretion in determining penalties for breaching the statute. Presently, corporations can face fines of up to $2,000,000 for OHSA convictions. Individuals may face fines reaching $500,000 and/or a maximum of 12 months in jail, while Directors or Officers of Corporations may encounter fines up to $1,500,000 and/or a maximum of 12