Convictions in 82% of Incidents/Accidents That Resulted in OHSA Charges

An FMC study of unpublished Ontario Ministry of Labour data has shown that if an accident or incident resulted in charges under the Occupational Health and Safety Act, there was an 82% probability that at least one person or corporation would be convicted and fined in relation to that incident.

Workplace accidents often result in charges against more than one corporation or individual. Take, for example, an accident at a construction site that results in charges against the general contractor (“constructor”), subcontractors, supervisors, and workers; the data shows an 82% chance that at least one of those parties would be convicted and fined.

Only 14% of incidents that lead to charges – about 1 in 7 – resulted in all of the defendants avoiding convictions and fines.

The complete study, which was released in May 2012, may be accessed here.

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Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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