So, you got a ticket

It’s no fun getting a ticket, whether overstaying your time in a parking spot or travelling just a little too fast on the highway. And knowing you brought this on yourself doesn’t make it any easier.

The same holds for violations of the Occupational Health and Safety Act and its regulations. “No worker or supervisor wants to receive a ticket,” acknowledges Pat Raimondo, a Ministry of Labour construction program manager based in Hamilton. “It’s money out of your pocket.”

It also draws unwelcome attention to your actions. Coming under scrutiny is no fun either, either from an inspector or, after the inspector’s gone, your employer. But scrutiny can be a good thing if it helps identify systemic problems that, left unchecked, could lead to injuries and other consequences.

“A lot of time people get tickets because they’ve cut corners,” says Raimondo. “They think they’re saving time or cutting costs, but one injury throws all that out the window. I wish more people would understand this. I often hear, ‘I’ve been doing such-and-such for 20 years and have never been injured.’ Well, it only has to happen once, and the consequences could be fatal.”

That’s why the more contraventions an inspector observes, the more attention a workplace will receive. “If an inspector finds several in the same location, absolutely we’ll return to ensure the workplace is in compliance,” says Raimondo. Note the focus on workplace, not worker. (For more on this, see “If someone in your workplace receives a ticket,” below.)

What a ticket costs

Set fines appear in schedules under the Provincial Offences Act. For instance, a supervisor who fails to ensure a worker wears fall protection equipment under section 85 of the Industrial Establishments Regulation (O. Reg. 851) can expect to receive a ticket with a $295 fine. (For more examples, see “Penalties for O. Reg. 851 Contraventions,” below.)

But that’s not the end of it. “On top of a set fine, there are court costs plus a victim surcharge of up to 25% of the fine,” says Raimondo.

Tickets and other enforcement tools

Tickets are just one of the enforcement tools available to Ministry of Labour inspectors. Vivien Wharton-Szatan, provincial coordinator of the ministry’s industrial health and safety program, explains that tickets are issued to individual workers or supervisors based on an observed contravention or issue of non-compliance. “An inspector who observes some form of non-compliance,” says Wharton-Szatan, “would conduct an assessment, including speaking to the worker as well as his or her supervisor. Was the supervisor aware of the hazard, and if so had steps been taken to remediate it?”

The inspector would then determine what the appropriate response would be. “A ticket may be issued to the worker, who has immediate control over taking corrective action.”

“If the supervisor was aware of a serious contravention,” adds Pat Raimondo, “he or she may be issued a summons, which carries a maximum fine of $1,000 and a day in court.”

Tickets and summons aren’t the only tools available to inspectors. Depending on the circumstances, an inspector will issue one of three types of orders:

• forthwith, which requires compliance before the inspector leaves the premises
• time-based, which gives the workplace a deadline by which it must comply with the order
• stop use/stop work, issued when there is a danger or hazard to the health and safety of a worker, requiring specific work or equipment to be stopped until the contravention has been complied with. Examples: missing machine guarding or guardrails

If someone in your workplace receives a ticket…

… don’t pass it off as bad luck or poor timing. Instead, consider it an opportunity. Here are a few suggestions:

1. Don’t make the situation worse by acting out. “Some people take it with a grain of salt,” says Raimondo. “Other people are very perturbed, and they direct this towards the inspector. They could be abusive with their words or their body language. This doesn’t really help. At minimum, they could be charged with obstructing an inspector under section 62(1) of the Occupational Health and Safety Act.”
2. Explore why the contravention occurred. If inspectors are issuing tickets, summons or orders in your workplace, you may have bigger problems than occasional instances of non-compliance. “The onus is always on employers to protect the health and safety of their workers,” says Raimondo. “Supervisors also have a duty under the Act to ensure workers are acting safely and complying with the Act and regulations.” Are all workplace parties aware of their responsibilities under the act and their role in creating and sustaining a safety culture? “Safety starts from the top down,” says Raimondo, “but everyone has a role to play.”
3. Take steps to create a safer work environment. For example, communicate to all employees the organization’s commitment to health and safety. Ensure everyone has the training they need to fulfill their responsibilities. Conduct or update assessments on workplace hazards. Operationalize health and safety so that it becomes an essential part of the job. Set reasonable performance expectations to discourage short cuts and eliminate other unsafe behaviour. Encourage continuous safety improvement among all employees, and recognize achievements.

Penalties for O. Reg. 851 contraventions

Appearing below are examples of 76 penalties for contraventions of the Industrial Establishments Regulation (O. Reg. 851) set out in Schedule 67.3 of the Provincial Offences Act.

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