Bill C-45 - New Criminal Legislation affecting Workplace Safety
• Bill C-45 establishes criminal liability for organizations and
individuals when they fail to take reasonable steps to prevent workplace
accidents that affect workers or the general public- conviction will
result in a criminal record.
What’s New – Key Elements
• The legal duty is similar to the general duty clauses currently found
in the Occupational Health and Safety Act of Ontario. However, it
elevates the penalty to the/of a crime with a permanent criminal record.
• It applies to “everyone who undertakes, or has the authority, to
direct how another person does work or performs a task….”. Bill C-45
extends legal duties to a new level that could potentially apply from a
coworker up to the president.
• The requirement “to prevent bodily harm to that person, or any other
person, arising from that work or task” goes farther than any current
OH&S legislation in Canada. Bill C-45 casts the net to include all
employees as well as the public that may be affected by the work or
task.
Practical Impact
An effective
program with demonstrated clear communication helps not only to ensure
compliance but helps to ensure the health and safety of employees. The
first line of defence against death and injury in the workplace remains
an organization's and an individual’s proactive compliance with the
existing workplace health and safety regulations.