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ARTICLE · 31 OCTOBER 2017

No Injury, Does Not Mean, No Charges

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Generally the thought of employers is that charges may be laid in the event of a critical injury or fatality at the workplace.

CanadaEmployment and HR
Carla Oliver
Carla Oliver
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"Do" Diligence: OHS/WSIB Newsletter

A recent conviction under the Occupational Health and Safety Act ("OHSA") in Ontario confirms the far reaching powers of the Ministry of Labour with regards to laying charges for violations of the OHSA and prescribed Regulations.

Generally the thought of employers is that charges may be laid in the event of a critical injury or fatality at the workplace.  Actually, any Order issued by an Inspector is a contravention of the OHSA and charges may be laid for any contravention.  Charges may also be laid for prior convictions even though an accident or injury has not occurred.

On May 18, 2017, an employer of a roofing company was sentenced to one day imprisonment and a fine of $10,000 for ignoring prescribed regulations.  The employer failed to ensure that a worker was adequately protected from falling.  At the time of inspection, a worker was observed working at a height over 3 metres and was not protected by fall protection.  The

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