Part of Investigations

Convictions under the OHS Legislation

See list of convictions resulting from violations of Occupational Health and Safety (OHS) law.

Overview

After charges are laid, an employer, supervisor, worker, supplier, service provider, owner, contracting employer, prime contractor, or temporary staffing agency can:

  • be acquitted
  • be found guilty
  • have their charges withdrawn or stayed

If found guilty

When the Court decides a work site party (defendant) is guilty, the convicted party may be sentenced with:

  • a fine
  • imprisonment
  • corporate probation
  • creative sentence

Or a combination of one or more of the above.

Fines

Fines for a first offence under the OHS Act Section 48(1) can be up to $500,000 and/or up to 6 months in prison per violation. If the convicted party(s) continues the first offence, they can also get an extra fine of up to $30,000 per day.

Fines for a second or subsequent offence can be up to $1 million and/or up to 12 months in prison per violation. If the convicted party(s) continues the offence, they may also be subject to an extra fine of up to $60,000 for each day which the offence continues.

All fines are subject to a 20% victim surcharge.

Corporate probation

In certain circumstances, in addition to a fine, the court may order probation for a corporation. Conditions for probation may include safety training, public acknowledgment of the offense, third party audit of policies/procedures or any other condition the Court feels appropriate. Terms of probation are usually 6 months to 3 years.

Creative sentences

The OHS Act Section 49 provides additional powers of the Court to make directions. This type of sentencing diverts funds that would otherwise be paid as fines to third party recipients that promote occupational health and safety. These sentences are often referred to as creative or alternative sentences.

Examples of projects that promote occupational health and safety  include:

  • training or educational programs
  • research programs
  • scholarships for educational institutions offering studies in OHS and related disciplines
  • non-profit organizations for worker health and safety initiatives
  • any other purpose the Court considers appropriate to achieve healthy and safe work sites

Convictions

Convictions before 2010

2006 to 2009 OHS convictions

Contact

Connect with OHS:

Phone: 780-415-8690 (Edmonton)
Toll free: 1-866-415-8690 
TTY: 780-427-9999 (Edmonton)
TTY: 1-800-232-7215

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