Supplier Can’t Be Prosecuted for Not Fulfilling Employer’s OHS Duties

0
0

A rental company supplied a mechanical ride to another company. An employee of that company was killed while operating the ride. The Crown charged the rental company, as a supplier, with violating Sec. 12(1)(b) of the OHS Regulation by failing to ensure the ride would safely perform its intended function. At the rental company’s request, the court dismissed the charge. The OHS law imposes duties on both employers and suppliers. But the Crown charged the rental company, which was a supplier, with violating a duty the OHS law specifically imposes on employers, which it wasn’t [R. v. 402485 Alberta Ltd. (c.o.b. Radar’s Rentals, [2011] A.J. No. 300, March 14, 2011].