WSIB and OHS for Employers in Ontario – May 2010

WSIB and OHS for Employers in Ontario – May 2010

OHS Updates

1. Administrative Monetary Penalties: Next Thursday May 20 @ 6 -9 pm

Ontario’s Ministry of Labour is considering the use of Administrative Monetary Penalties (“AMP’s”) as a method of improving prevention and enforcement activities. You are invited to come and hear Justice Todd Archibald speak about AMP’s and how these can affect employers. “Administrative monetary penalties (“AMP’s”) are, by definition, an oxymoron. The penalties resemble criminal fines, but the administrative structure lacks many of the features of an adversary system associated with penalites. Typically the regulator imposes a monetary penalty, which is then only subject to administrative review”. USA style AMP’s are slowly moving into Canada and can have a tremendous financial impact on employers. AMP’s provide regulators with the ability to issue huge fines without having to prove the violation. Some of the other problems identified with AMP’s are the lack of Charter protection under s.11 (right to be presumed innocent until proven guilty); the sheer magnitude of the penalties (eg. $1 million for individuals and $10 million for corporations); and the lack of a clear line between AMP’s and offences. After learning more about AMP’s we encourage you to go online and participate in the consultation process by June 30, 2010. You will find the question relating to AMP’s under the the very interesting heading “Efforts to Improve Collaboration and Integration”.

Link: Consultation Report Due June 30, 2010

Justice Todd Archibald is one of the three authors of the essential desk reference called “Regulatory and Corporate Liability: From Due Diligence to Risk Management“. This text will be on sale and is recommended for in-house legal counsel, health and safety managers, risk managers and owners. Justice Todd Archibald will be speaking at Chaucer’s in London. There is no charge for admission and advance registration is required.

Link: Contact Beth Ann Kendrick to register or Contact Cézanne for more information.

2. Bill 168 MOL Tool Kit for Employers:

On May 3, 2010 the Ministry of Labour published an excellent tool kit to assist employers with their upcoming obligations on June 15, 2010.

Link: MOL Toolkit for Employers