Introduction
Construction projects in Ontario can pose significant safety challenges, particularly when the work involves tasks such as working at heights, handling hazardous materials, or operating heavy machinery. Employers engaged in these projects must exercise vigilance because the potential for workplace accidents is especially high in these environments.
Consequences for Employers
The repercussions of workplace accidents for business owners can be significant. Employers may face serious legal consequences, including regulatory offences, substantial fines, and even imprisonment under Ontario’s Occupational Health and Safety Act (“OHSA”).[1] The OHSA applies to all construction sites in Ontario and, along with its Regulations[2], sets out the rights and duties of workers, supervisors, and employers to ensure health and safety on the job site.
Maintaining a safe job site is both a critical responsibility for your employees and a legal obligation that can have lasting impacts on your business. Failure to comply with the OHSA can result in fines up to $500,000 and/or up to a year’s imprisonment for individuals. Corporations may be fined up to $2,000,000. For second or subsequent offences that cause serious injury or death to one or more workers within a two-year period, the minimum fine is $500,000.[3]
Understanding Your Responsibilities
Employers are responsible for providing a safe and healthy work environment for their workers. This responsibility includes, but is not limited to, taking proactive steps to prevent accidents and injuries, such as maintaining equipment and machinery (including ensuring use of all safety guards on machinery), supplying protective gear, and keeping the job site clean and organized. Employers must also assess potential hazards at the workplace and implement measures to control or eliminate them. This involves identifying hazards, posting notices in visible locations, and ensuring that employee safety training is current and comprehensive.
If a workplace accident occurs, employers are required to report certain injuries and incidents. These include situations where a worker cannot perform their job for more than seven days, as well as any fatal or critical injuries. Employers must also keep records of these incidents and make them available to workers, supervisors, and health and safety representatives.
Evaluating Safety Measures: Am I Doing Enough?
Employers must take all reasonable precautions to protect their workers from illness and injury. While many businesses develop workplace safety policies and procedures—such as instructions for handling accidents, emergency contacts, and machinery lockout protocols—having these policies alone may not be enough to prevent accidents or shield your business from liability under the OHSA. It is essential to ensure that employees are aware of these procedures and consistently follow them. If employees do not adhere to established safety rules, simply having policies in place does not absolve the business from liability. Employers are responsible for taking active steps to verify that safety procedures are being implemented and followed on the job site.
Responding to Workplace Incidents and OHSA Charges
Despite diligent safety efforts, accidents may still occur. In such cases, employers should provide immediate medical attention, notify the Ministry of Labour, Immigration, Training and Skills Development (“MLITSD”) where required, preserve evidence, and conduct an internal investigation. Responding to the MLITSD promptly and transparently demonstrates good faith and can help reduce exposure to penalties.
If charged under the OHSA, employers will typically receive a summons in the mail, indicating the date and time of their first court appearance. Disclosure from the prosecutor will also be provided. It is crucial to review these documents thoroughly, as they can offer insight into the potential liability you or your business may face. The key to avoiding or defending against regulatory offences involves adequate due diligence. This means that an employer took all reasonable precautions in the circumstances to prevent the violation.
The nature and severity of the penalty often depend on the circumstances that led to the incident and/or the actions of the employer prior to and following the incident. Aggravating factors that may result in increased penalties include:
- The offence resulted in the death, serious injury, or illness of one or more workers
- The employer acted recklessly
- The employer ignored an inspector’s order
- The employer has previous convictions under the OHSA or another Act
- The employer has a history of non-compliance with the OHSA or its regulations
- The employer shows a lack of remorse
- Moral blameworthiness is present in the employer’s conduct
- The offence was motivated by a desire to increase revenue or lower costs
- After the offence, the employer attempted to conceal it from authorities or failed to cooperate with public authorities
- Any other circumstance prescribed as an aggravating factor
Conclusion
Safety in the workplace is both a legal obligation and a wise business investment. By integrating due diligence into daily operations, maintaining thorough documentation, and prioritizing worker training and supervision, Ontario construction employers can reduce the risk of injury and protect themselves from costly regulatory offences. A proactive approach not only safeguards your workforce but also enhances your reputation as a reliable, compliant, and responsible employer in Ontario’s competitive construction sector.
If you have any questions about workplace safety or construction law in Ontario, please do not hesitate to contact us: Victoria Partington – Soloway Wright LLP.
[1] Occupational Health and Safety Act, R.S.O. 1990, c. O.1, Occupational Health and Safety Act, R.S.O. 1990, c. O.1 | ontario.ca.
[2] Ontario Regulation 213/91, Construction Projects O. Reg. 213/91 CONSTRUCTION PROJECTS | ontario.ca.
[3] OHSA, s 66.
