Investigations and Inquests for Workplace Tragedies

After any serious injury or death at work, there will be several types of investigation. The employer is required to report the injury, and to investigate the causes. The ministry of labour for your province may also investigate, by studying the site, equipment etc., interviewing people and reviewing documents.

The ministry of labour (which may be referred to as the department of labour or WorkSafe in your province), may identify hazards in the workplace and issue orders for correction. They may also recommend that charges be laid if there has been a violation of the occupational health and safety law that governs the specific workplace (note: the legislation varies by province/territory and sector.)

In most provincial or territorial jurisdictions the government department responsible for health and safety has up to one year to complete its investigation and lay charges (some may have two years). You can find your provincial or territorial government department responsible for health and safety here Opens in new tab. Some workplaces are regulated by the federal government. In the case of an accident in these workplaces, the federal Labour Program may investigate and file charges. An accident at work may also be investigated by the police force in your jurisdiction.

An inquest is a judicial inquiry into the cause of someone’s death. In the case of an inquest into a workplace fatality, this process is initiated after the resolution of any charges laid in response to the investigation. The goal is to provide insight and recommendations to prevent similar deaths in the future.

Not every workplace fatality will be subject to an inquest, and the inquest is separate from any health and safety investigations and court proceedings. The inquest does not usually begin until a few years after the death, when the court proceedings are complete.

An inquest is not a trial. In an inquest, the jury’s role is to provide recommendations to prevent others from dying in a similar way. The process makes the facts and circumstances around the death public. It is not used to determine the guilt or responsibility of the individuals or company/companies involved.

As a surviving family member affected by a fatality, you may be given the opportunity to participate in the inquest process. How you can participate is determined by the judge or coroner presiding over the inquiry.

Threads of Life can offer guidance about the inquest experience and support you as you go through this process.

Threads of Life can provide peer support in the form of a direct connection with someone who has been through a similar experience and can help with the emotional burden you’re facing.