Occupational Health & Safety Investigations

Every employee has the right to work in a safe environment, without having to sacrifice their health and/or safety in order to do their job. Failure to comply with the applicable safety standards may expose employers to prosecution and substantial fines. For example, an employee who works at heights is entitled to work on an adequately secured platform with the appropriate protective equipment and tools. In the event the employee falls, the employee may seek compensation from the Workplace Safety and Insurance Board (WSIB), where the employer is covered by the workplace insurance system. At the same time, the Crown may also charge the employer under the Occupational Health and Safety Act (OHSA). On conviction, a corporation can be fined up to $2,000,000, and its directors and officers up to $1,500,000, up to 12 months in jail, or both.

Employees Should Report Hazardous Conditions

An employer is required to provide information, training and education to employees about methods of operating dangerous equipment, handling dangerous and hazardous materials, and about violence and harassment in the workplace. Where an employee sees or experiences unsafe/hazardous working conditions, they can report this to their employer or supervisor; workers also have a duty under the OHSA to report hazards they know about. If an employer does not take steps to fix these hazardous or dangerous conditions, the employer may be subject to sanctions, and the employee can call the Ministry of Labour’s Health and Safety Contact Centre at 1-877-202-0008. Further, where an employer terminates, disciplines, penalizes or threatens an employee in response to a complaint, it is an illegal act and is known as a reprisal.

Employees Have a Right to Refuse to Perform Unsafe Work

In Ontario, most workers have the right under the Occupational Health and Safety Act to refuse work that they reasonably believe is likely to endanger them or another worker, and the Act protects employees against an employer’s reprisal for exercising their right to refuse to complete unsafe work. Some workers, such as police officers, firefighters and certain health care workers, have only a limited right to refuse. An employee who refuses must report the refusal to the supervisor or employer right away. The employer must then investigate, and if the concern is not resolved, a Ministry inspector is called in. Where there has been a reprisal, an employee can file a complaint under the Occupational Health and Safety legislation with the Ontario Labour Relations Board, which can order reinstatement and compensation, or, if unionized, can ask the union to file a grievance. Where the reprisal has resulted in a termination of employment, the employee may instead have the option of suing their employer, for example for wrongful dismissal or constructive dismissal.

Employers Must Ensure Safe Working Conditions

Employers have to understand that employees have the right to refuse unsafe work without any fear of retaliation. In addition to the obvious need to avoid human tragedy, the legal ramifications stemming from the employer’s failure to secure safe working conditions may be severe.

Law Wise employment lawyers can help you understand what constitutes a hazardous environment, dangerous working conditions, or violence or harassment in the workplace. If you have experienced an occupational health and safety issue in your workplace, contact us to discuss your concerns.

Call us at +1 647 948 7819 today!