Article updated on May 28, 2025.
Health and safety in the workplace is crucial and should always be at the forefront, particularly in a context where occupational diseases and serious accidents are constantly on the rise. Neglect can now result in charges of manslaughter and criminal negligence (Bill C-21), legislation which considerably strengthens employers’ obligations in terms of prevention. Employers are therefore more at risk of criminal liability when serious or fatal accidents occur in the workplace, underscoring the vital importance of implementing rigorous preventive measures in compliance with occupational health and safety legislation. This increased responsibility extends to all levels of the organization, from executives to supervisors, and requires a proactive approach to the day-to-day management of workplace safety.
As a matter of fact, on March 1, 2018, a landmark decision was handed down by the Court of Quebec. For the first time in Quebec, a significant prison sentence has been imposed on an individual business owner for mismanagement of occupational health and safety. Excavation contractor Sylvain Fournier was found guilty of manslaughter following the death of his employee, Gilles Lévesque, in 2012. Mr. Lévesque died, buried at the bottom of a trench, while replacing a water pipe without having complied with certain legal and regulatory occupational health and safety requirements.
To find out more about the former Bill C-21, click here.
The impact of Bill C-21 on occupational health and safety
Bill C-21 imposes greater criminal liability on employers in matters of occupational health and safety. This legislation now makes it possible to prosecute organizations and their executives for criminal negligence when serious or fatal accidents occur in the workplace.
C-21 and due diligence
The Criminal Code requires managers to take concrete steps to protect their employees and the public. To protect themselves, employers must demonstrate due diligence by implementing concrete preventive measures:
- Rigorous, up-to-date documentation of existing safety procedures;
- Adequate training of workers in the risks specific to their jobs is an essential legal safeguard;
- A written prevention program including hazard identification and corrective measures;
- Direct supervision of hazardous tasks by a qualified supervisor,
An employer who implements all these measures significantly reduces the risk of criminal charges.
This due diligence revolves around three fundamental duties: the duty of foresight, which involves the proactive identification of potential risks; the duty of efficiency, which requires the implementation of appropriate means to prevent accidents; and the duty of authority, which demands the strict application of established safety rules. Employers must also keep a constant watch on new safety standards, maintain up-to-date incident and corrective action registers, and foster a culture of active prevention within their organization.
Reminder of your prevention mutual?
In conclusion, case law shows that due diligence is the only way to protect against accusations of poor occupational health and safety management. Prevention, efficiency and authority therefore remain the essential elements of good occupational health and safety management. As a business leader, taking steps to avoid this type of situation will increase your employees’ confidence in you, and reduce stress for everyone involved.
There are a number of tools you can use to enhance the quality of your prevention activities. Take the time to integrate them into your daily activities, or delegate them to your mutual’s team.
A CNESST-compliant OHS binder, for example, can serve as protection in the event of a major accident, to prove your due diligence to the legal authorities.
Contact us to set up an OHS binder customized to your company’s needs, or to learn more about the other prevention tools we offer. We’re here to support you in managing your priority: the health and safety of your team.
