Camping In Ontario Update Newsletter June 2019 March 2013 | Page 13

13 | march 2013 The interpretations [the Divisional Court and board] gave to s. 51(1) of the [act] would make virtually every place in the province of Ontario (commercial, industrial, private or domestic) a “workplace” because a worker may, at some time, be at that place. This leads to the absurd conclusion that every death or critical injury to anyone, anywhere, whatever the cause, must be reported. Such an interpretation goes well beyond the proper reach of the [act] and the reviewing role of the Ministry reasonably necessary to advance the admittedly important objective of protecting the health and safety of workers in the workplace. It is therefore unreasonable and cannot stand. is reportable, accident scenes must be preserved. Employers and constructors may consider directing workers and supervisors to consult with appropriate human resources, health and safety or management personnel before notifying the ministry. • directions to contact legal counsel before notifying the ministry when there is doubt whether the notification provisions of the act have been engaged. • standard letters and reporting forms, available on site, for use in the event of a critical injury or fatality to ensure that the minimum statutory notification and written reporting requirements are followed. The Court of Appeal ruled that “a proper interpretation of the Act requires that there be some reasonable nexus between the hazard giving rise to the death or critical injury and a realistic risk to worker safety at that site.” Through this decision, the Court of Appeal limited an employer’s reporting and notification obligations to situations where: Employers Operating in Multiple Canadian Jurisdictions • a clear statement of the incident reporting requirements specific to the individual workplace: who from the workplace should be called; when should they be called; and backup contacts in case of after-hours emergencies. Usually these contacts should be notified before any regulatory OHS body such as the Ministry of Labour. • statements specifying that critical injuries and fatalities involving all persons are potentially reportable and that, where the injury Jeremy Warning is a partner in the group and a member of the firm’s national OHS & Workers’ Compensation Practice Group: 416-6436946; [email protected].  As a cautionary note, bear in mind that different standards apply in different provinces. In Alberta and Nova Scotia, for example, all d VF