Workplace accidents: Whose fault are they?
Workplace accidents – Five things to keep in mind when they occur
When a workplace injury occurs, the Ministry of Labour (MOL) decides whether to lay charges under the Occupational Health and Safety Act (OHSA). If convicted of a charge, an employer can be ordered to pay a fine of up to $ 500, 000 plus a 25% victim surcharge.
If you want to know your obligations under OHSA, sign up for our seminar or webinar which is taking place on December 5, 2012 from 9 a.m. to 10 a.m. by clicking here.
If a worker has been injured at work, here are five things to keep in mind:
- Generally, the MOL is called when there is a fatality or critical injury at the workplace. The MOL sends an inspector to the workplace. One of the inspector’s jobs is to decide whether to charge the employer, a supervisor or a worker under OHSA. If there has been an injury, he will almost certainly recommend that someone be charged.
- Do not assume charges will be laid shortly after the accident. The MOL has one year to bring charges against an employer. It is not uncommon for the MOL to complete its investigation soon after the accident but decide not to charge an employer until just before this one year limitation period expires.
- An employer should provide the MOL inspector with any information that demonstrates the employer is safety conscious including documentation that shows the employer has provided safety information and instruction in connection with the job the worker was doing when he was injured.
- Think about hiring a lawyer to conduct an internal investigation.
- If convicted of a charge under OHSA, one of the factors a court will consider when determining a fine is specific and general deterrence. Fines of $ 50,000 to $ 100,000 for workplace accidents that result in relatively minor injuries are not uncommon.
If you have any employment law questions, please call us at 1–888-640-1728 or email us at [email protected]. You can follow us on twitter or subscribe to our employment law blog
Recent Posts
Waksdale v. Swegon North America Inc.: Ontario Court of Appeal Strikes Down Another Termination Clause
In this case, Mr. Waksdale was terminated without cause after about eight (8) months of employment. Both parties agreed that the “without cause” termination clause in his employment contract was enforceable. Both parties also agreed the “with cause” termination...
COVID-19 Update: Do Reduced Hours of Work or a Temporary Lay Off Constitute a Termination or a Constructive Dismissal? The legal waters just got murkier
The Ontario government has just amended the Employment Standards Act (the "ESA") to address reduced hours of work and layoffs caused by COVID-19. A copy of the new law is found here. Essentially, the definition of temporary layoff and constructive dismissal under the...
Return to Work After COVID-19: When babies still need tending and parents are mending
Yesterday, Premier Ford announced Stage 1 of the reopening of Ontario and identified some businesses that are permitted to reopen on Tuesday after the long weekend. To view the health and safety guidelines for reopening, click here. These employers will, therefore,...