Reducing workplace accidents, injury, and death is the purpose of Canadian Occupational Health and Safety ("OHS") laws in every province, federally under the CanadaLabour Code, and the Bill C-45 amendments to the Criminal Code ("Code"). In recent years, enforcement of OHS laws has taken on more of a criminal appearance. OHS Regulators have increased pressure to punish employers and their representatives when accidents occur in the workplace. More organizations, officers and directors, managers, and supervisors being charged with criminal or quasi-criminal offences. For example Joel Swartz, the President of Metron Construction was personally found guilty of four penal infractions while his company Metron was found guilty under the Code, even if Mr. Swartz was not present at the place of work at the moment of the accident. Karl-Heinz Lilgert was jailed for 3 years when he was convicted of OHS Criminal Negligence.[2]
From a policy perspective it needs to be asked if the criminalization of OHS laws, and increased risk of jail for individuals charged, is really improving Occupational Health and Safety compliance? Or to put it another way, will jail, or the threat of jail, really help reduce the number of workplace accidents, injuries, and fatalities in Canadian workplaces?