By Victoria Chiappetta
Have you ever wondered how an employer should respond to a critical injury or fatality inthe workplace?
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| name="valign" top > VICTORIA CHIAPPETTA |
The Ontario Occupational Health & Safety Act requires the employer to immediately notify an inspector with the Ministry of Labour, the health and safety committee or representative and the trade union, if any, if a person is killed or critically injured from any cause at a workplace. Critical injury is defined for the purposes of the Act as an injury of a serious nature that:
- places life in jeopardy;
- produces unconsciousness;
- results in substantial loss of blood;
- involves the fracture of a leg or arm but not a finger or toe;
- involves the amputation of a leg, arm, hand or foot but not a finger or toe;
- consists of burns to a major portion of the body, or
- causes the loss of sight in an eye.
Ministry of Labour inspectors will investigate and determine how a death or critical injury occurred at the workplace. The investigation may conclude with charges laid pursuant to the act. To this end, it is important to have in place an effective and efficient emergency response to a critical injury or fatality in the workplace.
The following is recommended:
1. Organize corporate emergency response team to the accident scene and follow established principles;
2. Relieve suffering or injured worker, apply first aid, and obtain medical assistance immediately;
3. Preserve an accident scene, except to save life, relieve suffering, maintain utility or prevent unnecessary property or equipment damage;
4. Telephone report of the accident to the Ministry of Labour immediately;
5. Exercise your right to obtain and instruct a lawyer for advice and representation immediately after the accident occurs;
6. Caution all supervisors of their right to remain silent and their right against self incrimination during an investigation as well as their right to co-operate with the Ministry of Labour investigator;
7. Take privileged notes, measurements, photographs and statements regarding the cause of the accident;
8. Co-operate but do not self incriminate with the Ministry of Labour investigators;
9. Any orders by the Ministry of labour inspectors should be reviewed for possible appeal. there is a maximum 30-day time limit;
10. Notice of critical injury and fatality must be provided in writing by the employer to the Ministry of Labour within two days of the critical injury or fatality;
11. Have your legal counsel defer or adjourn any coroner's inquest or public inquiry until after any possible charges under the Occupational Health and Safety Act are resolved; and
12. Have your legal counsel review any occupational health and safety act charges, obtain full and complete dis-closure and evaluate all legal defences before deciding how to proceed.
Victoria R. Chiappetta is a lawyer with the Sault Ste. Marie office of Mathews, Dinsdale & Clark LLP. Her practice is restricted to labour and employment on behalf of management. She can be reached at
vchiappetta@mathewsdinsdale.com
