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ARTICLE · 30 JANUARY 2014

Following An OHSA Order Is Not A Mitigating Factor In Sentencing

McCarthy Tétrault
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A recent decision from the Ontario Court of Appeal stands for the principle that with respect to sentencing under the Occupational Health and Safety Act, you will not receive any credit for doing something you were ordered to do.

CanadaEmployment and HR
Matthew Demeo
Matthew Demeo
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A recent decision from the Ontario Court of Appeal stands for the principle that with respect to sentencing under the Occupational Health and Safety Act (OHSA), you will not receive any credit for doing something you were ordered to do.

In Ontario (Labour) v. Flex-N-Gate Canada Company, 2014 ONCA 53, the employer was convicted of two offences under the OHSA for failing to properly transport metal sheets with a forklift, which resulted in the injury to a worker's foot. Following the accident, the Ministry of Labour issued two orders involving the movement of material, which the employer immediately complied with by changing its procedure. There was no evidence presented that the employer went above and beyond what the compliance order required.

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