Criminal Negligence in the Workplace

Safety in the workplace has always been a matter of great concern to risk managers.

Carefully regulated policies and procedures must be put in place to avoid running afoul of WSIB requirements and Occupational Health and Safety regulations.

With a considerable increase in the activities of inspectors, Occupational Health and Safety charges are being prosecuted against companies, management and employees in unprecedented volumes.

Now, thanks to Canada’s first conviction for criminal negligence under the Criminal Code, those responsible for a company’s workplace safety must consider the repercussions of a criminal conviction.

To understand the situation, it is necessary to remember the Westray Mine disaster.

In the early morning hours of May 9, 1992, a mixture of methane and coal dust exploded killing 26 miners.

Subsequent investigations disclosed that mine officials were egregiously at fault and the public outcry and pressure resulted in the passage of Bill C-45, which provides for a criminal offence in situations wherein death is caused by the criminal negligence of company officials.

Section 217.1 of the Criminal Code creates a legal duty and reads as follows:

217.1 "Every one who undertakes or has the authority to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”