A serious workplace incident is every employer’s worst day. Someone is hurt, the team is shaken, and within hours a Ministry of Labour inspector may be on site asking questions. What you do in those first 48 hours can shape everything that follows, including whether charges are laid and how strong your defence will be. Here’s a practical guide for Ontario employers in Windsor-Essex, the GTA and across the province.
First, take care of people and the scene
Your first priority is always the injured worker and the safety of everyone else. Get medical help, make the area safe, and support the employees who witnessed what happened.
Then think about your legal duties. Under Ontario’s Occupational Health and Safety Act (OHSA), if a worker is critically injured or killed, the employer must notify the Ministry immediately and follow up with a written report within 48 hours. The scene generally can’t be disturbed until an inspector gives permission, except to save a life, relieve suffering or prevent further danger. Your joint health and safety committee or health and safety representative must also be notified.
Call a lawyer early
Many employers wait until charges are laid before calling a lawyer. By then, important decisions have already been made. Early legal advice helps you respond to the inspector correctly, protect privileged information and avoid statements that could be used against the company later.
An internal investigation is often essential, both to understand what happened and to prevent it from happening again. When that investigation is directed by legal counsel, parts of it may be protected by privilege. Our workplace investigations team can help set it up properly.
Dealing with the inspector
Inspectors have broad powers to enter the workplace, take photos and samples, request documents and interview people. You’re required to cooperate, and obstructing an inspector is an offence in itself. At the same time, employees and managers have rights during interviews. A lawyer can explain what must be provided, what’s voluntary, and how to prepare your team without crossing any lines.
What’s at stake
OHSA penalties in Ontario are among the toughest in Canada. A corporation can face fines of up to $2 million per offence. Directors and officers who fail to take reasonable care to ensure the corporation complies can face fines of up to $1.5 million and up to 12 months in jail. Courts also consider aggravating factors, such as whether the offence caused serious injury or whether cost savings motivated the breach. The Ministry generally has up to two years to lay charges, so an investigation can stay open for a long time.
Building your defence
The main defence to most OHSA charges is due diligence. It means showing that the company took every reasonable precaution in the circumstances to prevent the incident. That’s proven through records: training logs, safety policies, inspections, equipment maintenance and evidence that rules were enforced. Gather and preserve these documents right away.
Get experienced help
Our team advises employers across Ontario on OHSA compliance, incident response and prosecutions. Learn more about our employment law services and our litigation team. Employers in Windsor-Essex can reach our Windsor employment lawyers, and employers in other regions can see our pages for Hamilton employers and Ottawa employers.
Call us after a workplace incident.
This article is general information, not legal advice.
