An employer bears the heavy responsibility to protect employees against themselves

Release date: September 3, 2012

A criminal complaint (sec. 237 A.O.H.S) was lodged against the employer following an explosion that injured 2 employees working on circuit breakers. The Court did not accept the employer’s due diligence defence. Even though the latter does not appear to skimp on training provided to his employees, he did not make sure that the established safety regulations were properly followed by conducting selective surveillance, for example. Indeed, there is no evidence regarding a system of supervision and control. In addition, the employer did not visit the site in order to make sure his employees complied with safety regulations. It was clearly inadequate for him to rely solely on his employees’ experience and common sense. The employer is found guilty of the alleged violation and is sentenced to a $5000 fine. CSST v. General Electric of Canada International Inc., 2010EXPT-2678, DTE 2010T-823 (C.Q.) Justice Pierre Verrette.


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