Safety First Training: Fines, Consequences and Penalties for Safety Non-Compliance

In Ontario, businesses and companies face significant consequences for failing to adhere to safety training and recertification laws. The Occupational Health and Safety Act (OHSA) and its associated regulations form the backbone of workplace safety requirements in the province.

Under the OHSA, employers are legally obligated to provide information, instruction, and supervision to protect workers' health and safety. This includes ensuring that workers and supervisors complete basic occupational health and safety awareness training programs. Specific regulations, such as O. Reg. 297/13, outline additional training requirements for various workplace roles and hazards.

One crucial area of focus is working at heights training. Employers must ensure that workers who may use fall protection methods complete an approved working at heights training program. This certification is valid for three years, after which workers must complete a refresher course. Failure to maintain current certification can result in workers being prohibited from performing tasks requiring fall protection, potentially leading to project delays and increased costs.

Similarly, operators of equipment such as forklifts, cranes, skid steers, genie booms, and scissor lifts must receive specific training and certification. While the OHSA doesn't explicitly mandate recertification for these equipment operators, many industry standards and best practices recommend refresher training every three to five years. Employers who neglect to provide this training may face increased liability in the event of an accident.

Infractions of these regulations are typically identified through workplace inspections conducted by the Ministry of Labour, Immigration, Training and Skills Development, or following workplace incidents or complaints. Penalties for non-compliance can be severe. Under the OHSA, individuals can face fines of up to $100,000 and/or imprisonment for up to 12 months. Corporations may be fined up to $1,500,000 per charge.

Beyond financial penalties, non-compliance can lead to stop-work orders, damage to company reputation, increased insurance premiums, and potential civil litigation. In cases of gross negligence resulting in worker injury or death, company directors and officers may face personal liability and criminal charges under the Criminal Code of Canada.

To avoid these consequences, businesses must establish robust training programs and maintain accurate records of worker certifications. This includes tracking expiration dates for time-sensitive certifications like working at heights and ensuring timely recertification. By prioritizing worker safety through comprehensive training and certification, companies not only comply with legal requirements but also foster a culture of safety that can lead to increased productivity and reduced workplace incidents.