WSPS.CA/LEGISLATION
LEGISLATION UPDATE
HIGHER SAFETY FINES FOR EXECUTIVES NOW IN FORCE: 7
WAYS TO AVOID PENALTIES
As of July 1, company executives now face much stiffer fines for infractions of the Occupational Health and
Safety Act. The new penalty provisions in Schedule 4 of the Working for Workers Act, 2022 are currently in
effect, increasing maximum fines for directors or officers of a corporation from $100,000 to $1,500,000, and
to $500,000 for other individuals.*
The bill also sets out 10 aggravating factors, including lack of remorse or a desire to increase revenue or
decrease costs, that can affect the size of the penalty.
"The changes provide extra motivation for directors and officers to ensure every reasonable precaution is being
taken to protect workers," says WSPS Account Manager Martin Berthelot. "If charges arise, they need to be
able to prove that."
To avoid penalties, Martin recommends that directors and officers ensure their workplace is taking a systematic
approach to health and safety. Whether a formal health and safety management system (such as ISO 45001)
or an informal one, it needs to include these seven elements, says Martin. A systemic approach to health and
safety can help businesses avoid penalties.
1. A strong internal responsibility system (IRS). Under the IRS, everyone in the workplace has direct
responsibility for health and safety, working individually and together. All workplace parties must clearly
understand their roles and responsibilities under the IRS and have the training and skills to carry them
out.
2. An understanding of the Act, and compliance requirements. Basic requirements include developing and
posting policies on health and safety, violence and harassment, injury reporting, and more. Other
requirements will be based on the activities carried out by the company, the hazards identified, and the
corresponding sections of the Act. "Take a look at the rules you have in place and measure them against
the legal requirements," says Martin.
3. Hazard assessments. "Determine all the ways in which people can get hurt," says Martin. "What is the
likelihood of an injury happening and how severe could it be? Consider all situations: normal operations
as well as during maintenance, shutdowns, power outages, emergencies, extreme weather, and so on."
4. Controls and safe work procedures. The best approach to managing hazards is by applying the hierarchy
of controls. Protect against the highest risks first, suggests Martin. "Don't just do the minimum; make sure
you are really good at protecting against those high risks, so that no one gets seriously injured, reducing
the likelihood of charges and penalties."
5. Training. Basic health and safety awareness training is mandatory for workers and supervisors, and two
members of the joint health and safety committee (JHSC) - one worker rep and one management rep -
must be certified. "I recommend extra training for supervisors," says Martin, "because of their vital role
