Non-compliance with safety rules: supervising, threatening, and sometimes showing teeth!

Release date: October 1st, 2008

An employer receives a citation for violating article 237 of the Act respecting Occupational Health and Safety, after a foreman and a worker were caught by a C.S.S.T. inspector, on a roof some 30 feet above ground, wearing inadequate safety harnesses and unattached to a lifeline. The employer pleads due diligence, as he was unaware of any drug use by the foreman to whom he had assigned the implementation of safety rules. This defence is not upheld. According to the Court, the employer cannot totally delegate his powers to the foreman and then turn a blind eye to whatever goes on. In addition, though he threatens dismissal for employees who do not comply with safety rules, he does not apply any sanctions. His message of tolerance and overly lax supervision endangers the workers’ health and safety. Commission de la santé et de la sécurité du travail v. Couverture Beauport Inc., 2007 QCCQ 13523 (C.Q.), Justice of the Peace magistrate Nathalie Duperon Roy


From bulletin Gestion Plus
To suscribe, click here!

Back to the list
To the exclusive service of employers

To the exclusive service of employers, Le Corre offers training workshops and publications on subjects solely pertaining to labour law. Both these tools help managers and human resources professionals to deal more effectively with the daily legal framework of their businesses.

Laval

450 973-4020

Toll free

1 877 218-4020

Fax

450 973-4010
By email