As an employer, it is your responsibility to ensure the health and safety of your employees while they are at work. This not only protects your workers, but it also protects your business from potential legal issues. In Ontario, the Occupational Health and Safety Act (OHSA) outlines the specific offences and penalties for employers who fail to provide a safe and healthy work environment for their employees. In this blog post, we will delve into the offences and penalties outlined in the OHSA, as well as provide some tips for employers to avoid falling foul of these regulations.
Offences
The OHSA outlines several specific offences that an employer can be charged with, each with its own set of penalties. These offences include:
- Failing to comply with an order or direction from a Ministry of Labour inspector
- Failing to report a workplace accident or critical injury
- Failing to ensure that workplace equipment is properly maintained
- Failing to provide adequate training to workers on health and safety procedures
- Failing to provide personal protective equipment to workers when it is required
Penalties
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
Preventing Violations
There are several steps that employers can take to prevent violations of the OHSA. Some of these steps include:
- Familiarizing yourself with the OHSA and understanding your obligations as an employer
- Ensuring that all workers receive adequate training on health and safety procedures
- Providing personal protective equipment to workers when it is required
- Regularly inspecting and maintaining workplace equipment to ensure it is in good working condition
- Developing and implementing a health and safety policy for your workplace
As an employer, it is your responsibility to provide a safe and healthy work environment for your employees. Violating the Occupational Health and Safety Act (OHSA) can result in significant fines and even imprisonment. By familiarizing yourself with the OHSA and taking steps to prevent violations, you can protect your workers and your business from potential legal issues.
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