Over the last few years, there have been new compliance legislations set in place by regulatory authorities. It’s important for both workers and employers to know their rights and responsibilities in both an organizational and personal capacity as it pertains to the workforce. Adrian Miedema will walk you through the compliance necessities of how the law can affect your day to day activities at work.

1. OHSA Prosecutions by the Numbers
Presentation to e-Compliance Safety Leadership Conference 2014
November 27, 2014
Presented by: Adrian Miedema, Partner, Dentons Canada LLP

2. The Data
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Freedom of Information request
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18 months
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863 defendants
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592 corporations, 271 individuals

3. Figure 1Pleaded guilty and let the court decide the amount of the fine6% Charges stayed1% Pleaded guilty and negotiated fine with MOL55% Withdrawn-other party convicted22% Withdrawn-no other party convicted10% Acquitted after trial2% Convicted after trial4%
Figure 1.Results of Occupational Health and Safety ActCharges (Combined for Corporations and Individuals)

4. Figure 2Convicted after trial4% Acquitted after trial2% Pleaded guilty and negotiated fine with MOL62% Withdrawn-other party convicted17% Withdrawn-no other party convicted9% Pleaded guilty and let the court decide the amount of fine6%
Figure 2.Corporations: Results of Occupational Health and Safety Act -Charges

5. Figure 3Pleaded guilty and negotiated fine with MOL30% Acquitted after trial4% Convicted after trial4% Withdrawn-no other party convicted13% Withdrawn-other party convicted43% Pleaded guilty and let the court decide the amount of the fine6%
Figure 3. Supervisors and Workers: Results of
Occupational Health and Safety ActCharges

6. Figure 4Minor5% None13% Major55% Inspection2% Fatality7%Potential18%
Figure 4. Prosecutions by Severity of Injury

7. Figure 5Prior conviction 10% No prior conviction 90%
Figure 5.Percentage of Defendants with Prior Convictions under Occupational Health and Safety Act

8. Corporation, $42,871Corporation, $23,542Individual, $6,227Individual, $5,173Individual, $3,084Corporation, $44,62005000100001500020000250003000035000400004500050000ConvictedPleaded Guilty and Negotiated Fine with MOLPleaded Guilty and Let Court Set the Fine
Figure 6
Figure 6. Average Fines by Result of Charges

9. Number of OHSA Convictions Declining
YearConvictions
2013/14780
2012/13814
2011/12903
2010/11948
2009/101,164
2008/091,303

10. Discussion and Questions

11. Thank you
Adrian Miedema
Partner, Dentons Canada LLP, Toronto
(416) 863-4678
adrian.miedema@dentons.com
Blog: http://www.occupationalhealthandsafetylaw.com