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ARTICLE · 23 AUGUST 2011

Are Employers Required To Report A Non-Worker Fatality?

Stikeman Elliott LLP
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In a somewhat surprising decision, the Ontario Divisional Court recently held that employers are obligated to report a non-worker's critical injury or fatality to the Ministry of Labour, so long as it occurred in the "workplace".

CanadaEmployment and HR
Kathleen Chevalier
Kathleen Chevalier
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In a somewhat surprising decision, the Ontario Divisional Court recently held that employers are obligated to report a non-worker's critical injury or fatality to the Ministry of Labour, so long as it occurred in the "workplace". This obligation exists regardless of whether a worker was present at the time of the critical injury or fatality.

On December 24, 2007 a guest at Blue Mountain Resort's (Blue Mountain) unsupervised swimming pool drowned. Blue Mountain did not report the fatality to the Ministry of Labour, as it did not believe that under the Occupational Health and Safety Act (the OHSA) it was required to report an incident that did not involve a worker.

Ministry of Labour Order

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