Does the Occupational Health and Safety Act (the
"Act") apply if a customer dies in your workplace? The
Ontario Labour Relations Board (the "OLRB") and the
Divisional Court may say yes.
In December, 2007, a guest staying at Blue Mountain Resorts
drowned in an unsupervised swimming pool. No workers were present
and Blue Mountain did not notify the Ontario Ministry of Labour of
the death. More than two months later, a Ministry of Labour
inspector conducting a field visit at Blue Mountain Resorts learned
of the drowning incident and issued an order under the Act that
Blue Mountain report the death under section 51(1) of the Act.
Blue Mountain appealed the inspector's order to the OLRB,
arguing that the inspector's decision was incorrect as the
drowning incident did not involve a "worker" or
"workplace". The OLRB upheld the inspector's decision
and stated that the ordinary meaning of "person" as set
out in section 51(1) of the Act is not synonymous with
"worker".
