In the realm of occupational health and safety, business owners hold a crucial role in ensuring the well-being of their employees. The Occupational Health and Safety Act outlines specific responsibilities for supervisors and owners to correct hazardous conditions and prevent injuries or fatalities in the workplace.
No one ever wants anything to happen at a workplace or a job site, and making safety a priority for all team members, there could still be an accident at work.
In this blog, we’re going to look at the responsibility of all parties in safety compliance and when a business owner may need to reach out to counsel.
An Overview of Section 25 in OSHA
Employer responsibilities under the Ontario Health and Safety Act include ensuring that all equipment is in working order, that there is a Health and Safety Policy for the workplace, and that employees are provided with training, and PPE, as well as enabled to bring up safety concerns, including work refusals without reprisal. This does not cover all of the duties of an employer but highlights the need to integrate health and safety into every aspect of your company.
Workplace Accidents: Owners and Supervisors
If a workplace accident does occur, the Ministry of Labour will come and investigate, which could lead to an Occupational Health and Safety Offence. This can feel overwhelming as the liability and responsibility of business owners, contractors, supervisors and employees vary. You don’t need to carry this responsibility on your own, sometimes getting in touch with an attorney to work with you may be the right answer.
Ministry of Labour Investigations: Process and Implications
When a workplace accident, injury, or complaint occurs, it may trigger an investigation by the Ministry of Labour to ensure compliance with the Occupational Health and Safety Act (OHSA).
These investigations are initiated to examine the circumstances surrounding the incident, determine whether any violations of workplace safety standards have occurred, and prevent future incidents. The process involves a thorough review of the workplace environment, practices, and compliance records, often including interviews with employers, employees, and witnesses.
Investigators may also inspect the site of the incident and examine any relevant equipment or materials. Depending on the findings, the outcomes of these investigations can vary significantly. Employers found in violation of safety standards may face fines, penalties, or be issued directives to make specific improvements to their safety protocols. These directives could include the implementation of new safety measures, additional training for workers, or changes to existing practices to enhance safety. The aim of these investigations and their outcomes is not only to address any immediate safety concerns but also to foster a safer work environment in the long term, ensuring that similar incidents do not occur in the future.
Potential Penalties for Violating OSHA
The penalties for violating the OHSA can be severe and can include both fines and imprisonment. The exact penalty will depend on the specific offence, as well as the severity of the violation and any previous offences committed by the employer. Some examples of penalties include:
For failing to comply with an order or direction from a Ministry of Labour inspector, the employer can be fined up to $25,000 for a first offence, and up to $100,000 for subsequent offences. The employer can also be sentenced to up to 12 months in jail.
For failing to report a workplace accident or critical injury, the employer can be fined up to $500,000 for a first offence, and up to $1,500,000 for subsequent offences. The employer can also be sentenced to up to 12 months in jail.
For failing to ensure that workplace equipment is properly maintained, the employer can be fined up to $25,000 for a first offence, and up to $100,000 for subsequent offences. The employer can also be sentenced to up to 12 months in jail (Source: osg.ca)
The Role of Legal Counsel During Investigations
Legal counsel plays a crucial role during Ministry of Labour investigations in Ontario. It is important to have them involved early on to provide guidance and support. They help with communication, gather evidence, and make sure the process is fair for everyone involved. Their advice can prevent occupational health and safety offences and ensure compliance with regulations. By taking necessary steps and implementing their recommendations, legal counsel can help prevent workplace injuries and avoid any consequences that may arise if an employer destroys or fails to follow proper procedures.
Health and Safety Offences: Beyond the Fines – Impact on Your Business
When a business commits an Occupational Health and Safety Offense, it can have serious consequences beyond just financial penalties It can lead to injuries or even death for employees, which destroys trust and damages the company’s reputation. To make things right, the business must take ongoing remedial steps to prevent future accidents and comply with safety regulations. Failing to do so puts the entire business at risk of further legal action, fines, and potentially even closure. It is essential to seek specialized legal counsel to defend against these charges and receive strategic advice on compliance to preserve the vitality of the business in the long run.
When a company breaks safety laws, it can be very serious. It might hurt employees or even cause someone to get hurt or die. To fix things, the company has to keep working on being safe and following rules. That’s why it’s important to hire a law firm like Bayne, Sellar, Ertel, and Macrae to help you. They provide thorough criminal defence representation for clients throughout eastern Ontario charged with offences contrary to The Occupational Health and Safety Act. The firm’s lawyers are dedicated to achieving outcomes that protect you and your business.
Conclusion
Owners and supervisors must prioritize workplace safety and legal compliance to ensure a safe working environment for both the employer and employees. It’s critical to seek specialized legal advice and services, as there is no room for error in this matter. This is not an option but a must-have for any business that wishes to avoid costly mistakes and maintain a safe working environment.
It’s easier to prevent employee safety issues than to react to them after they occur, making compliance crucial across your company.
