Two recent appeal decisions relating to serious Occupational
Health and Safety ("OHS") prosecutions are ones to be
aware of for every Occupational Health and Safety professional,
Human Resources professional, In-house counsel, and Operations
Managers responsible for implementing health and safety management
systems.
The first was the appeal decision in the Sunrise Propane Energy
Group prosecution. Sunrise had been found guilty, after a 14 day
trial, of seven charges under the Environmental Protection Act and
the Occupational Health and Safety Act, both of Ontario. Justice
Akhtar, of the Superior Court of Justice, held that both the
conviction and the sentence at the trial court was reasonably
supported by the evidence, legal principles, and therefore was
upheld. The Court held that the explosion and fire, that involved a
fatality, at the Sunrise Propane Energy Group Distribution Centre
in the north-east part of Metropolitan Toronto, did result in the
contraventions
