Amendments toughen workplace liability

TORONTO, (March 8, 2004) — Recent amendments to the Criminal Code will have far-reaching implications for anyone who directs workplace operations in the event of an accident or injury, a prominent labour law firm is warning.

The Brampton, Ont.-based firm of Crawford, Chondon, and Andree says Bill C-45 — which received Royal Assent last November — imposes criminal liability on “everyone who undertakes, or has the authority to direct how another person performs a task.”

Unlike other provincial and federal health and safety legislation, the new liability will extend to anyone who directs work duties, even co-workers who provide direction to other workers. Depending on the degree of disregard for safety, companies, managers, or such workers in question, could be charged with criminal negligence.

The new legislation also expands the definition of “representatives” of organizations to include directors, partners, senior officers, employees, agents, and even contractors of the business. “The net of liability will likely be cast much wider in the case of workplace accidents in the future, and could include human resource managers, health and safety coordinators, and other positions that had previously enjoyed relative immunity from health and safety charges,” the law firm states in a report.

The report goes on to say that individuals convicted of these provisions could face significant fines and imprisonment, as well as an added stigma of carrying a criminal record.

As well, courts will now have the discretion to order “optional conditions” in sentencing, which can include restitution, establishing communication with the public, and “any other reasonable conditions that the court considers desirable.”

“This new corporate criminal liability means that directors, senior officers, and managers must be even more vigilant in establishing and maintaining a solid health and safety program, including implementing policies, and providing ongoing training and supervision of workers,” the report stated.