ARTICLE · 22 MARCH 2010

OH&S Corporate Criminal Liability Rears Its Head Again In Canada

Heenan Blaikie LLP

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In what should serve as a stark reminder for both employers and individuals, police in Ontario recently charged a corporate employer and two individuals with criminal negligence causing death after a fatal workplace accident at a construction project.

CanadaEmployment and HR

In what should serve as a stark reminder for both employers and individuals, police in Ontario recently charged a corporate employer and two individuals with criminal negligence causing death after a fatal workplace accident at a construction project. These events demonstrate that, while criminal prosecutions for workplace accidents remain rare, the police will not hesitate to pursue criminal charges as they deem appropriate. This Management Update examines this most recent case of potential corporate criminal liability for a workplace accident, reviews the global trend towards the criminalization of workplace safety enforcement, and suggests several strategic measures to assist employers in avoiding or mitigating the consequences of criminal charges.

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