Health and safety in the workplace are crucial and should always come first. Their negligence can lead to charges of manslaughter and criminal negligence (Bill C-21 or Act to amend the Criminal Code (criminal liability of organizations). Employers are therefore at greater risk of criminal liability when serious or fatal accidents occur in the workplace.
An employer can be found guilty of manslaughter
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 complying with certain legal and regulatory occupational health and safety requirements.
To read more about Bill C-21, click here.
Who is responsible for health and safety in the workplace? Who is responsible for employee health and safety?
The answer to this question varies according to the context: the company, the owner, the employer, the prime contractor, and so on. In short, if you are in authority, if you have control over a site, if you direct the performance of a job or task, or if you simply have the ability to do so, you are accountable and responsible for the health and safety of workers.
Furthermore, section 217.1 of the Criminal Code, concerning the duty of the person supervising a work, reads as follows:
“It is the responsibility of anyone who directs or is empowered to direct the performance of a work or task to take appropriate measures to prevent bodily injury to others.”
How can I protect myself from criminal charges?
Case law shows that due diligence is the only way to protect against accusations of poor occupational health and safety management. The duties of foresight, authority and efficiency are the essential elements of due diligence and 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. Comply with occupational health and safety legislation, regulations and standards. Continue to make every effort to prevent work-related accidents and illnesses.
Upcoming training
Would you like to learn more about the criminalization of occupational health and safety or simply refresh your knowledge on the subject? Register for the free training session on November 15, 2023, from 10:00 am to 11:30 am.
Reminder of your prevention mutual
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 prevention program, such as a CNESST-compliant OHS binder, can serve as protection in the event of a major accident, to prove to legal authorities your due diligence and avoid verdicts of criminal negligence.
Contact us to set up or update a prevention program tailored 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.
More questions? We have the answer.
What is Bill C-21 in Canada?
This law amends the Criminal Code so that organizations and individuals can face criminal consequences for negligence causing injury or death to workers.
What are the employer's three duties with regard to due diligence?
- Duty of care
- Duty of efficiency
- Duty of authority
