Punishment And Defence – Recent Developments In Occupational Health And Safety

Workplace health and safety has always been a concern of owners in the construction industry, especially in light of strict legislation across Canada. In 2012, we have seen a number of significant penalties resulting from an infraction of health and safety regulations, a workplace accident or a fatality on the construction site. It has become abundantly clear that owners are ultimately responsible for workplace safety on their work sites. It continues to be difficult – but not impossible – to mount a defence where an infraction has been noted or an injury has occurred.

Two recent cases emphasize the importance of the owner's role in monitoring health and safety on the work site and establishing policies and procedures geared towards a safe work environment.