Health and Safety Inspectors will also be Able to Issue Tickets (Ontario)

HRinfodesk---Canadian Payroll and Employment Law, January 2005

As of January 15, 2005, the Ontario Ministry of Labour has included the new ticketing tool (on-the-spot offence notices) as part of their enforcement strategy to reduce workplace injuries by 20 percent over four years. The powers of health and safety inspectors will be expanded to allow them to issue tickets for unsafe workplace practices in the industrial sector. Health and safety inspectors were previously able to issue tickets in construction, mining and diving, and can now also issue tickets as an enforcement tool in the industrial sector. The industrial sector is Ontario’s largest and most diverse sector covering a variety of sub-sectors and a greater proportion of workplaces and workers than any other sector including automotive, logging, restaurants and retail.

Employers, supervisors and workers can be issued tickets for certain violations of the Occupational Health and Safety Act and industrial regulations. Examples of violations include:

* Failing to wear fall protection equipment, such as a harness and lifeline

* Failing to use a machine with adequate guarding

* Failing to ensure a lifting device is operated safely

The tickets can be issued for 81 workplace health and safety violations in the industrial sector, and carry set fines including court costs of $200 or $300, depending on the offence. If issued a ticket, the party can choose to either pay the fine or appear in a provincial court to dispute the offence.

The government has stated that a ticket provides an immediate and visible penalty for health and safety violations and is one of many tools used to enforce the law. Measures such as stop-work orders, orders to comply and other prosecution processes under the Provincial Offences Act, remain available as alternatives to ticketing.

For a complete listing of fines, please visit the Ontario Court of Justice website at Recent Set Fines Changes.

By Yosie Saint-Cyr, Editor at HRinfodesk

Published on HRinfodesk---Canadian Payroll and Employment Law

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