Bill C-45: Workplace
accidents now have serious criminal consequences
Injuries exact a terrible cost with on-going intangible
suffering for the survivors for years to come. There is also
a hard cost to your business: Injuries result in lost time,
lower productivity, higher workers' compensation premiums,
audits, investigations, lower employee morale and higher
turnover. Employers are required by law to provide a healthy
and safe work environment with the proper health and safety
systems and training programs.
Bill C-45, Amendments to the Criminal Code Affecting the
Criminal Liability of Organizations was passed on March
31, 2004. It imposes criminal liability on corporations and
organizations that fail to take reasonable measures to
protect employee and public safety. Now an organization can
be found guilty of criminal negligence if the Crown shows
that employees of the organization acted carelessly and with
reckless disregard to the safety of others and that a senior
officer should have taken responsible steps to prevent it.
Did you know …
Bill C-45 increases the maximum fine for organizations from
$25,000 to $100,000 for a summary conviction. The Bill also
proposes judges consider the following factors when fining
an organization:
- Moral blameworthiness
- Public interest
- Prospects of
rehabilitation
Judges can order
restitution to victims of the offence as well as require the
corporation to inform the public of the offense, among other
penalties.
For more information please
visit
http://canada.justice.gc.ca/en/dept/pub/c45
Please contact your health
and safety association for seminars on Bill C-45.
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