The Cost of Health and Safety Apathy
Navigating Health and Safety statutory and regulatory requirements can be overwhelming, often leading employers and managers to neglect or overlook their legal obligations. However, it’s crucial to recognize that creating and implementing a robust Health and Safety Management System—and fully understanding the liabilities when this system fails or merely exists on paper—is essential for informed decision-making.
The Financial and Legal Risks: Strict liability prosecutions can be incredibly costly for employers found guilty of violating health and safety regulations. For instance, OHS Insider’s recent OHS Fines Scorecard for 2024 (June 15 to July 15) reported 10 OHS fines of $25,000 or more across Canada within just one month. While the number of fines may appear low, the fines’ severity has escalated significantly. Four of these fines exceeded $100,000, including the third-highest OHS fine of the year. Notably, of the 66 fines reported throughout the year to date, nearly 50% have been in the six-figure range.
How Bad Can It Get for Employers? In Alberta, for the second consecutive month, a construction contractor was hit with the highest OHS fine of the period—$420,000—following a tragic incident where a worker was fatally run over by a forklift operated by a distracted supervisor. The supervisor was also fined $60,000. In British Columbia, a lumber firm received the fourth-highest fine of 2024, with a $391,534 administrative penalty for repeat violations across multiple facilities. Additionally, an auto dealer in Ontario faced a $125,000 fine after a worker suffered a fatal fall from a step ladder.
These financial penalties can be accompanied by prison sentences for the managers or owners of the companies involved. In rare cases, if there is sufficient evidence of criminal intent or negligence, criminal charges may also be pursued against employers. Ignoring health and safety obligations is not just a risk to worker well-being—it can have catastrophic financial and legal consequences for a business.
What can you do to reduce your liability? Want to know more? Contact Windley Ely. WE can help you build your Health and Safety Management System, train your management team and audit your existing program to reduce potential gaps.
Don’t leave it up to chance, the stakes are just too high.