Compliance Order

Following an OHSA order is not a mitigating factor in sentencing

February 18, 2014 Employer Advisor, McCarthy Tétrault LLP Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines

At trial, the employer was convicted of two offences under the OHSA and fined $25,000 for each offence. In determining the sentence, the Justice of the Peace (JP) noted that although the maximum fine for each offence was $500,000, the employer was not a particularly large operation, the injury was not particularly grave, nor did the accident occur as a result of the wilful disregard of a known hazard. The JP also acknowledged that the employer had taken steps “to establish a safe working environment” prior to the accident occurring.

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Nova Scotia proposes new OHS administrative penalty system

August 16, 2013 Alison J. Bird Health and Safety, Human Resources

In January, 2010, Nova Scotia introduced an administrative penalties regime through regulations made pursuant to the Occupational Health and Safety Act. This system has been controversial since its inception and the Nova Scotia Government has recently proposed significant changes.

administrative penalties, canadian employment law, Compliance Order, conviction under the Act, employment law, impose penalties on employers, Nova Scotia, Nova Scotia Labour Board, occupational health and safety act, Occupational Health and Safety Officer, OHS administrative penalty system, punishing violations, work site