In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health and Safety Act in regards to a workplace death.
The court stated:
"Reviewing the cases, where there is death, there is a general (and very large) range of sentence from $70,000.00 to $175,000.00, with extreme lows of under $50,000.00 and highs of over $200,000.00. The majority of the cases appear to be within a range of $100,000.00 to 150,000.00. It is my opinion that the appropriate sentence in this matter falls within this range. It is within that range that I can take into account the financial and other factors which I have referred to above. I also consider the impact of the victim fine surcharge which ultimately increases by 25 per cent any fine that I impose."
In setting the fine in the case at hand, the court noted that the defendant sincerely believed that the work procedure (for loading wood shavings from mills into a truck) was safe, the owner was sincere in his remorse and had reached out to the family of the deceased worker, and the employer had had some safety procedures in place. The employee died when he fell into the truck after attempting to dislodge wood shavings, and the material engulfed him and he suffocated.
Our firm's statistical analysis of fines under the Ontario OHSA showed that fines vary widely depending on whether the employer agrees with the Ministry of Labour's proposed fine or lets the court set the fine.
The decision may be read here: R. v. Reliable Wood Shavings Inc., 2013 ONCJ 712 (CanLII)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
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