The Occupational Health & Safety Act (OHSA) has undergone numerous amendments throughout the last decade. While some of these have focused on the enforcement of its rules on individuals, others have centered on corporations and contraventions of the Act and its applicable regulations.
The purpose of most of these recent changes has been two-fold. First, they serve as a strong deterrent against the violation of its rules, encouraging individuals and corporations to comply with the Occupational Health and Safety Act (also referred to collectively as “the Green Book”) by clearly demonstrating the consequences of non-compliance.
Second, enforcement provides a means of accountability and justice for workers harmed by workplace injuries or accidents that result from failures to meet the requirements of the Green Book.
In a province where workplace accidents have been common, abiding by the OHSA’s regulations has become the need of the hour. In today’s blog, Act First Safety – a reputable provider of safety courses in Ontario, will discuss the consequences of not following the Green Book’s rules – for both workers and employers.
A Timeline of the Amendments Made to the OHSA’s Regulations for Worksites
Some of the recent changes to OHSA’s regulations have been more notable than the others. Specifically, those that concern the penalty for violations of its rules. These changes might be harsh, but they show just how important it is to stick to your guns and follow OHSA’s guidelines to avoid mishaps and liabilities.
Below is a brief list of recent deterrents in the form of fines in chronological order:
2017:
- Fines for corporations tripled from a maximum of $500,000 to a maximum $1,500,000 for contraventions of the Act and its applicable regulations
- Fines for individuals quadrupled from a maximum of $25,000 to a maximum of $100,000 for contraventions of the Act and its applicable regulations
2022:
- Fines for individuals increased again from a maximum of $100,000 to a maximum of $500,000 for contraventions of the Act and its applicable regulations
- Fines for the directors/officers of the corporation increased from a maximum of $100,000 to a maximum of $1,500,000 for contraventions of the Act and its applicable regulations, and/or up to 12 months imprisonment
- Aggravating factors to be considered by courts when determining a penalty
- In addition to any imposed fine or term of imprisonment, the court has the authority to issue any order specified by law. These orders include remedial action, safety audits, public notification, community service, or restitution. The aim is to prevent a recurrence.
2023:
- Fines for corporations increased from $1,500,000 to a maximum of $2,000,000
2024:
- For corporations with a second or subsequent offence(s) that result in the death of a worker or serious injury of one or more workers within a 2-year period, the minimum fine is $500,000
As you can see, the fines in the latest amendment have increased significantly, which goes to show just how seriously OHSA takes worker safety. Individual workers and employers should take it just as seriously, too, as the consequences of violation are very severe. One of the ways you can maintain compliance is to take prescribed safety training courses – whether it’s swing stage training or working at heights training, or any other training for that matter.
The Importance of Having a Strict Safety Culture in the Workplace
What is often misunderstood is that the $2 million maximum fine applies to each conviction under the Act, not per incident overall.
In cases involving multiple fatalities, an employer may be charged separately for each occurrence, with penalties reaching the maximum for each charge.
If you never want to end up in a place where you have to pay a lump sum in fines for not taking care of your workers as you should, you need to create and foster a strict culture of safety from the top down. Think of it as corporate insurance. Something that keeps you and your crew safe from all harm – legal or otherwise.
Safety programs are widely regarded as proactive insurance because, unlike traditional insurance that compensates for losses after they occur, robust safety systems help prevent those losses from occurring in the first place, providing a crucial and often more cost-effective layer of protection for businesses. So if you haven’t enrolled your crew in relevant safety programs yet, we strongly recommend starting there.
Why OHSA Fines Have Increased Over The Years
Unfortunately, fines are limited in their ability to encourage compliance with the Act. Despite the likelihood of the fines scaled to the size of the organization, some larger companies that have more access to financial resources may not nearly be as influenced by fines as smaller companies with less access to financial resources. That is why fines have reached the staggering amount they have now – so they can make a visible dent.
In fact, the real reason behind the increase in fines was for companies, big or small, to sit up and take notice that the internal responsibility system was ever-present and that owners and operators of businesses are required to obey the law. Creating bigger fines is attention-grabbing, and depending on who is being charged, can feel quite personally damaging.
How Increased Fines Also Increase the Pressure to Comply
An increase in fines is intended to place additional pressure on organizations to operate safely.
Ideally, higher penalties influence companies to make decisions with safety at the forefront, with them recognizing that it is far less expensive to implement safe work practices proactively than to face serious financial consequences after an incident occurs.
After all, accidents do not only result in fines, but they also call for a strict implementation of safety practices anyway! As a result, organizations are more likely to comply with applicable laws and make safety-oriented choices rather than risk the consequences of non-compliance.
Nonetheless, employers are frequently risking legal and financial consequences for themselves, their supervisory staff and workers by not implementing what is legally required of them.
Why? Mostly because the cost of implementing OHSA’s recommendations, including safety training, safety procedure building, and new equipment purchases, stall safety in the workplace. In some cases, there is a belief that safety takes time and money. Even if that’s true, it’s better to be safe than sorry and face the music when OHSA comes to your door.
Why Following OHSA’s Recommendations Is Critical: a Case Study
Think about a situation you may have experienced personally. Imagine this:
“You’re late for an engagement. Every minute counts and as you are driving to your destination, you get every single red light. As you try to change your ‘luck’, you speed up. You’re only a couple of minutes out, but in your rear view, you see the flashing red and blue lights and get pulled over. You get a traffic violation ticket, which costs you some well-earned money, some points added to your driving record, and you arrive 20 minutes later to your destination than you would have if you hadn’t sped up.”
Now, you are left questioning if the need to rush was worth it.
Safety is no different. Trying to bend the rules, to go too fast, to cut corners, etc., usually just makes everything take longer while reducing productivity and costing more. It may even bring you public embarrassment should your behaviour be discovered.
When we implement safety within our organizations, we are operating from a position of integrity and morality with a financial stake in the game, too, even if it is motivated by risk reduction.
If you still need more reason to implement stringent safety practices, use these real-life incidents as an inspiration. They are the latest cases of their kind and paint a strong picture in favor of listening to OHSA.
Recent examples of fines handed out in 2025:
1) A particular manufacturer of paints and special coatings was fined $150,000 due to a workplace fatality. A worker’s clothing was entangled with an exposed rotating shaft. Investigations by the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) found that the mixer was unguarded among other machines present at the facility.
2) A paving company was fined $115,000 due to a workplace fatality. A worker was fatally injured by a truck operated by another company employee who reversed it without a spotter, thus going contrary to the Act’s regulations surrounding construction sites.
3) A construction contracting company was fined $110,000 due to a workplace fatality. A worker was repairing a leaking valve cylinder on the top of a drilling machine, but failed to block it to prevent a collapse. As the valve was being repaired, pressure was released from the valve and the machine suddenly lowered, fatally injuring the worker.
The sad truth is that each of these fatalities was entirely preventable if only OHSA’s regulations were adhered to.
What Does “Aggravating Factors” Mean As Per The OHSA?
In addition to the increase in fines and potential imprisonment, there were certain “factors” added to the amendments made to the OHSA. The purpose of these factors is to help determine the severity of the fine dealt by the ruling courts. These are called “Aggravating Factors” and are required to be considered by the court to help determine the most appropriate penalty for a workplace offence.
The following are considered aggravating factors:
- If the offense leads to the death, serious injury, or illness of one or more workers, it will be considered.
- The defendant committed the offence recklessly
- The defendant disregarded an order of an inspector
- A previous conviction for an offence under this or another Act is held by the defendant.
- The defendant has a record of prior non-compliance with this Act or its regulations
- The defendant lacks remorse
- There is an element of moral blameworthiness to the defendant’s conduct
- The defendant's motivation for committing the offence was rooted in a pursuit of financial gain, specifically to either boost revenue or cut expenses.
- After the commission of the offence, the defendant,
- tried to hide the crime from the Ministry or other public authorities, or
- failed to co-operate with the Ministry or other public authorities. - Any other circumstance that is prescribed as an aggravating factor
As you can see, these factors largely concern serious offenses and support the administration of justice to victims of the workplace.
Are Fines Enough?
Fines deter some, but not all, who are inclined to take shortcuts. A bigger deterrent that key workplace stakeholders like employers, supervisors, and workers have become more aware of is the potential for jail time.
According to the Occupational Health and Safety Act, “every person who contravenes or fails to comply with a provision of the Act or regulations” has the potential to be convicted to “imprisonment for a term of not more than 12 months”.
The Ministry may also seek criminal negligence charges for injuries and fatalities under Bill C-45 (also known as the Westray Bill).
Criminal negligence causing death is punishable with imprisonment up to life, while criminal negligence causing bodily harm is punishable with a sentence of up to 10 years imprisonment.
Although it is currently still rare for individuals to be sentenced to jail time, it is becoming more common for the Ministry to assign jail time in cases of worker deaths or repeat offences.
Bill C45 – Jail Time Convictions (Federal)
The following examples fall under federal legislation, not the OHSA. However, they are still noteworthy given the potential for charges and the fact that both involved workplace supervisors.
Examples involving jail time convictions under Bill C45:
1) The first example of a supervisor going to jail was the swing stage collapse in 2009. In this fatal accident, five workers fell approximately 13 stories due to the collapse of a platform, effectively killing four and critically injuring the fifth. The supervisor was sentenced to three and a half years in prison.
2) The most recent example of a prison sentence was for a supervisor who was sentenced to five years for ignoring reports from his worker about faulty steering in his dump truck. Instead, the supervisor assigned the driver the faulty dump truck the next day, whereby the driver lost control of the vehicle and was killed.
The more you read about such tragedies, the more you realize how preventable they are. While safety training is a stepping stone, using the right equipment is also key to keeping worksite accidents at bay.
How Can You Protect Yourself as an Employer or Supervisor?
Due diligence, which is defined as taking every precaution reasonable in the circumstances for the protection of workers, should be the basis of every safety-related decision.
Make sure you have a robust health and safety policy outlining how hazards identified in the workplace are to be addressed. Complete job hazard analyses to identify any hazards to begin with and proactively develop policies and procedures for even the most routine tasks.
Review these policies and procedures as often as necessary to ensure they remain relevant, and ensure health and safety representatives are conducting their required audits of the workplace. In addition, foster a good health and safety culture where everyone supports the company’s safety policies and procedures.
Ensure your workers have the required training too. For the construction industry, working at heights training is typically mandatory for all workers. Training for equipment, such as rigging training and swing stage training, is often overlooked. So is the meeting out of instruction on tools being used and awareness of hazardous materials workers may be exposed to.
Avoiding these can lead to the fostering of unsafe practices, making WHMIS training essential. Always ensure that workers are receiving job-specific and task-specific information and training so they can work safely and recognize any hazards they may encounter on the job.
Communication surrounding potential hazards is also key. After all, when workers don’t know what a hazard is in their workplace, they may assume a situation is safe when it is not or may take actions that make the situation even more hazardous.
Therefore, workers should receive information on which hazards may be present in the workplace, how they will be controlled, and the processes and procedures required to prevent these hazards from occurring. This communication is best done through safety training sessions, orientations, job hazard assessments, and daily toolbox talks.
Conclusion
At the end of the day, safety is everyone’s job in the workplace. But a safe workplace begins with employers, management, and supervisors creating an environment where workers are encouraged to work safely.
So if you are helming a crew or a company and need help maintaining workplace compliance, turn to us! Act First Safety’s CPO-approved safety training programs have been designed to help Ontario employers maintain safety and compliance at the workplace. Our conveniently located facility, off Highway 401 in Scarborough, is the perfect training ground for your crew. Contact us to learn how we can boost the overall safety and efficiency of your workplace.
FAQs
What is the Occupational Health & Safety Act designed to achieve?
The main purpose of OHSA is to establish and enforce safety protocols concerning the protection of workers, supervisors, and employers in Ontario workplaces.
How can companies demonstrate due diligence under OHSA?
By actively taking all reasonable precautions to protect their workers. That means employers must establish hazard assessment practices, safety policies, supervision strategies, and documented training programs for all their workers.
Can individuals be charged under workplace safety laws?
Yes. Whether you are a worker, a supervisor or the company’s director, you are liable to face legal charges if you are found violating the safety regulations as prescribed by the OHSA.
