HEALTH AND SAFETY: EMPLOYER ACQUITTED, SINCE STRICT GUIDELINES WERE ISSUED TO EMPLOYEES

Release date: November 1st, 2007

HEALTH AND SAFETY: EMPLOYER ACQUITTED, SINCE STRICT GUIDELINES WERE ISSUED TO EMPLOYEES

The employer was accused of having violated the Act respecting Occupational Health and Safety because an employee neglected to use a push stick while cutting a piece of wood and, due to his carelessness, lost two fingers. The employer alleged that the protective equipment was readily available. According to the Court, the employer demonstrated reasonable diligence, despite the fact that it had not informed its employees that failure to comply with the safety regulations could lead to dismissal. The evidence showed that the employees had been given safety guidelines and that monitoring took place, i.e. team leaders performed regular checks of the availability and use of safety equipment. Moreover, despite the lack of any official sanctions, the employer always reacted strongly to any improper behaviour. Therefore, the employer was acquitted. Commission de la santé et de la sécurité du travail vs. Atelier Treebone inc. , DTE 2007T-262 (C.Q.) Justice Suzanne Bousquet

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