Federal and Provincial Legislation, as well as case law impose upon those in a position of authority the duty to maintain a level of care towards the personnel they direct. Persons in a position of authority also owe a level of care to those individuals, including the public, who could be affected, by persons under their direction and control.
Provincial and federal health and safety legislation places different sets of responsibilities on those in the role of manager, supervisor and worker. The much discussed Bill C-45 (or the “Westray Bill”) attaches criminal consequences to those who display a “wonton and reckless disregard” to the safety of those workers they are responsible for.
Prosecution is more common under Provincial Health and Safety legislation. Such prosecution most often comes about as a result of a fatality or permanently disabling injury, where someone in a position of authority was deemed a causative factor in the incident causing the fatality or disabling injury.
Such causative factors can be actions, failures to act, or a combination of both. Successful prosecutions are usually the result of gross negligence of errors and/or omissions by the defendants. Please take proper care of those that are working for YOU, with YOU, under YOU, and around YOU.
Share This Article
Subscribe to our RSS Feed. What is RSS?