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ARTICLE · 19 MARCH 2013

Supervisor's Ohsa Violation Grounds Criminal Negligence Charge

Dentons Canada LLP
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A supervisor's violation of the Occupational Health and Safety Act can ground a criminal negligence charge against him, an Ontario preliminary inquiry judge has decided, sending the criminal charges to trial.

CanadaEmployment and HR
Adrian Miedema
Adrian Miedema
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A supervisor's violation of the Occupational Health and Safety Act can ground a criminal negligence charge against him, an Ontario preliminary inquiry judge has decided, sending the criminal charges to trial.  We reported on this case in January; the court's reasons for decision were recently made available.

The criminal negligence charge was laid against the Project Supervisor of Metron Construction after five workers fell 13 stories to their deaths when a suspended scaffold collapsed on Christmas Eve, 2009.

The Crown and the defence agreed that in order for the Project Supervisor to be guilty of criminal negligence, the Crown must prove that, by act or omission, he failed to perform a duty, and that if the failure was an omission, the failure was "wanton or reckless".

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