Publication
International Restructuring Newswire
Welcome to the Q2 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Author:
Publication | March 2017
In early 2017 the Ontario Ministry of Labour issued a clarifying statement on the definition of “critical injury” under Regulation 834 of the Occupational Health and Safety Act. This clarification will be of interest for all employers facing a potentially reportable injury in the workplace. While not binding, it illustrates what the Ministry of Labour will consider appropriate practices for Ontario employers in reporting workplace injuries.
Any critical injury in the workplace triggers the following obligations:
Regulation 834 of the Occupational Health and Safety Act defines critical injury as follows:
“critically injured” means an injury of a serious nature that,
(a) places life in jeopardy,
(b) produces unconsciousness,
(c) results in substantial loss of blood,
(d) involves the fracture of a leg or arm but not a finger or toe,
(e) involves the amputation of a leg, arm, hand or foot but not a finger or toe,
(f) consists of burns to a major portion of the body, or
(g) causes the loss of sight in an eye.
Under a strict reading of the above definition the fracture or amputation of a finger or toe is not a critical injury.
The Ministry of Labour’s clarifying statement, however, makes clear that the ministry will also view the fracture or amputation of more than one finger or more than one toe to be a critical injury for the purposes of the legislation if it is an injury of a serious nature.
The clarifying statement is not a legal amendment of the Occupational Health and Safety Act or its Regulation 834, nor is it an interpretation of this legislation by a court that would have binding effect.
However, it is a guideline that will inform the judgment of the Ministry of Labour, its inspectors and prosecutors. Employers should expect inspectors to treat this broader scope of workplace injuries as critical injuries. This means that where such injuries occur, the accident scene should be secured, the injury reported and a written report should be sent to the Ministry of Labour as with a critical injury to avoid negative scrutiny by the Ministry of Labour. The ministry will likely issue orders and failure-to-report charges if the employer does not follow its clarifying statement and its expanded view of injuries considered critical.
Publication
Welcome to the Q2 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Publication
The Canadian Federal Budget 2024 proposes to broaden the scope of certain powers allowing CRA to request information from taxpayers, and sets out new consequences for non-compliant taxpayers.
Publication
The alternative minimum tax is an additional income tax imposed under the Income Tax Act on individuals and certain trusts who would otherwise be able to reduce their ordinary Canadian federal income tax through the use of certain deductions, exemptions or credits.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023