ARTICLE · 23 AUGUST 2023

Supervisor's "Blame The Boss" Defence Fails In Criminal Case

Stringer LLP

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A New Brunswick Court has issued one of the most significant Criminal Code judgments in an occupational health and safety matter in recent years.

CanadaEmployment and HR

Jeremy Schwartz

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A New Brunswick Court has issued one of the most significant Criminal Code judgments in an occupational health and safety matter in recent years.

Brief Summary of the Facts and the Charge

The accused was employed as a site supervisor on a municipal construction project. Tragically, a worker died while he was working in a confined space, when a rubber plug that was holding back 32,000 litres of water let go from its position. Tragically, the worker drowned when the water was released.

The Supervisor was charged with criminal negligence causing death, primarily on the basis that he failed to implement any of the requirements for confined space entry set out in New Brunswick's Regulation 91-191, under the provincial Occupational Health and Safety Act, SNB 1983, c. O-0.2 (hereinafter "OHSA").

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