Slaw: Guide for investigating workplace corporate negligence

May 10, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources

On the 20th anniversary of the deadly Westray explosion that killed 26 miners in Nova Scotia, the Canadian Labour Congress (CLC) has released a guide for investigating corporate criminal negligence in the event of a serious injury or fatality in a workplace.

Parliament passed legislation (Bill C-45) in 2004 holding employers criminally liable if they willfully fail to protect the lives and safety of their workers. Briefly stated, sections 22.1, 217.1 and 219 of the Criminal Code imposes a duty on organizations and their representatives (whether a director, partner, manager, supervisor, employee, member, agent or contractor of the organization) who have authority to direct how others do work or perform a task to take reasonable steps to prevent bodily harm to persons performing the work or task, and to the public, arising from the work or task.

To find out more about the guide, read my latest post on Slaw.

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Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.

Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 18 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more