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ARTICLE · 11 APRIL 2013

Supplier Facing OHSA Charges Alleging That Machine Unsafe

Dentons Canada LLP
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We don’t often hear of Occupational Health and Safety Act charges against suppliers alleging that their machines or equipment were unsafe for use in workplaces.

CanadaEmployment and HR
Adrian Miedema
Adrian Miedema
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We don't often hear of Occupational Health and Safety Act charges against suppliers alleging that their machines or equipment were unsafe for use in workplaces.

In a recent case, Occupational Health and Safety Act charges against a supplier, alleging that a machine that it supplied did not comply with the guarding requirements of that Act, were permitted to proceed to trial before a Saskatchewan court.

The Saskatchewan OHSA, in section 8(a)(ii), imposes a duty on every "supplier" to ensure, insofar as is reasonably practicable, that any "plant" supplied by the supplier for use at any place of employment complies with the regulations under the OHSA.  "Plant" is defined to include "equipment".

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