Employer found guilty of criminal negligence (Bill C-45) in death of employee

A Quebec landscaper was recently found guilty of criminal negligence causing death of one of his employees. While performing landscaping work at a commercial building, Mr. Pasquale Scrocca was operating a backhoe. The brakes failed and he collided into the employee.

In neglecting to perform maintenance on the backhoe, the court declared that Mr. Scrocca markedly departed from the standard of care expected of a prudent and diligent person. The employer was found guilty under Section 219 of the Criminal Code (Canada), which provides that a person that shows wanton or reckless disregard for the lives or safety of another person in omitting to do anything that is his duty is criminally negligent.

The Court also invoked Subsection 217.1 of the Criminal Code, which provides that everyone who undertakes or has the authority to direct how another person does work is under a legal duty to take reasonable steps to prevent bodily harm to that person.

Mr. Scrocca was sentenced to pay costs and respect certain conditions, failing which he would be liable for imprisonment of two years.

The Criminal Code provides that in the case of criminal negligence causing death, the maximum penalty for individuals is life in prison and there is no maximum fine for organizations.

This case serves as a reminder to employers and their senior officers and representatives of the significant liability that may be incurred as a result of breaches of occupational health and safety standards.

Top 5 Reasons for Training your Workplace Safety & Health Committee / Representative

1. Risk perception is learned.  Well trained Committees / Representatives will help you control hazards and prevent serious incidents.
2. Documentation can work for you or against you (as an employer). Train your Committee and Representative to document so that it will work in your favour in the event of a serious incident.
3. Avoid that catastrophic loss due to fire, critical equipment damage or serious  injury.  Well trained Committees / Representative will do a better job of their  required quarterly inspections of your workplace!
4. The old adage applies: “the clearer the WHY, the easier the HOW.  A committee that doesn’t know why and how they function is a waste of good production time!
5. As of February 1, 2011, it’s the law.

COMPLY WITH REGULATIONS SPECIAL!  Save 50% on Committee / Representative Training until February 14, 2011.      Live in class or On – Line training available

Improvement Orders: How You Respond is Important!

Theo Kowalchuk, CRSP, CHSC, B.Sc.Ag., President & CEO, 1 Life Workplace Safety & Health Ltd.

A Question often asked is: “What are the implications when our company is issued Improvement Orders by the Workplace Safety and Health Division?”

Answer: As a result of a serious incident or a random spot inspection, an employer can be issued Improvement Orders where deficiencies are found in their Safety Management System.

Did you know that an un appealed Improvement Order is a demonstration that the employer is Guilty of Contravening the law?  In some cases, orders are issued without the proper basis, to support the conclusion that a violation of the applicable act or regulations has occurred.

A case in point recently was a client who was issued an order to develop a Personal Protective Equipment (PPE) policy.  Although recommended and best practice, a written PPE policy is not a requirement of Workplace Safety and Health Legislation.

 In some cases, the Crown has used past Improvement Orders to demonstrate failure of past practices.  Therefore careful consideration should be given to whether or not such orders should be appealed.  An appeal is not a matter of privilege but a matter of right for an employer.

From the time an improvement order is issued, the employer has just 14 days to appeal it.

 If an appeal of an order is successful, it will undermine the charges (and possibly future charges) because the orders presume that an infraction has occurred. If the order is over turned, then the statement by the appeal officer is that the workplace stakeholder has not violated the law.

Finally, the maximum fine for to failing to comply with an Improvement Order is $5000

 Do you have questions about your Safety Management System?  Feel free to give our Safety Professionals a call at 204-231-5433