In most cases, when safety violations in the workplace occur, the company is the “person” charged with the offences. But the company isn’t always the one that takes the blame. Individuals, including supervisors, can also be prosecuted and fined for OHS violations. Supervisor liability isn’t just a theory. In fact, supervisors are being prosecuted and fined with increasing regularity all across Canada. Think we’re kidding?
Here are just a few examples of prosecutions against supervisors:

• A gym’s general manager was convicted, as a supervisor, of four OHS violations, including obstructing an MOL inspector, and was fined $25,000.
• A supervisor at a mining company was fined $20,000 for the death of another supervisor, who was found buried in ore at a chute at the bottom of an ore bin.
• A supervisor for a construction company was fined $7,000 after a worker was struck and killed by a reversing dump truck while walking at a construction project.
• A construction supervisor was fined $3,250 for failing to ensure that excavations were adequately sloped to prevent cave-ins.

LIABILITY FOR SAFETY VIOLATIONS

Where does the law say that a supervisor can be punished for not protecting their workers? There are at least two places:

OHS laws. Occupational health and safety laws require supervisors to take certain steps to protect workers, such as train them and instruct them on how to do their job safely. Supervisors who don’t live up to these responsibilities can end up being prosecuted.

The fact that you’re not called a “supervisor” doesn’t mean you’re off the hook. “Supervisor” safety responsibilities under the law aren’t based on what a person is called but on the functions that person performs at the workplace. So if you supervise work, you could be charged as a “supervisor” under the OHS law even if you don’t have a “supervisory” title.

Criminal law. The failure to carry out safety responsibilities can also be a crime if somebody gets killed or seriously injured. You might have heard of a law called C-45, which took effect in March 2004. C-45 basically says that not taking “reasonable steps” to protect a person’s safety can be “criminal negligence” if the person who doesn’t take “reasonable steps” controls the work. Supervisors have this kind of control. In fact, the first person ever charged with criminal negligence under C-45 was a construction supervisor in Ontario.

But don’t panic. Not every safety slip up is a crime under C-45. The supervisor—or other person—must fail to take reasonable steps out of “wanton or reckless indifference to life and safety.” In other words, you would have to show a kind of devil-may-care attitude toward health and safety. As long as you’re aware of and make an earnest effort to carry out your safety responsibilities, you have little to fear from C-45.

WHY YOU MUST PAY ATTENTION TO HEALTH & SAFETY

We understand that you have responsibilities other than health and safety. But you can’t neglect or ignore your health and safety duties to focus on those other responsibilities. Workplace safety is serious business and, as the supervisor, you’re in the best position to keep workers safe. After all, you have more direct contact with workers than anyone else in management. Supervisors who violate their health and safety duties can be:

• Disciplined, up to and including being fired;
• Prosecuted for a health and safety violation under OHS law; or
• Arrested and prosecuted for criminal negligence, especially if the safety violation was really egregious.

THE LESSON

Safety officials are increasingly targeting supervisors. We don’t want our supervisors to face prosecution for safety violations. So we urge all of you to balance your responsibilities and strive to fulfill all your duties—including your health and safety duties—to the best of your abilities. That is, you should take all reasonable steps to ensure that the workers you supervise comply with our safety rules and procedures and with the requirements of the OHS laws. And if you feel that you need additional safety training, resources or materials to fulfill these duties, contact our safety coordinator, [insert name of company safety coordinator].