On February 7, 2013, the Ontario Court of Appeal (ONCA) reversed a Divisional Court ruling that had found that an employer has a duty under subsection 51(1) of the Occupational Health and Safety Act (OHSA) to report all fatal and critical injuries at a workplace, including incidents involving members of the public. As reported in Torys May/June 2011 EH&S Bulletin, the case Blue Mountain Resorts v. Ontario (Labour) arose from a December 2007 fatality at Blue Mountain Resorts, when a guest drowned in an unsupervised swimming pool located on the resort property. The ONCA interpreted subsection 51(1) of the OHSA to require reports when
- a worker or non-worker is killed or critically injured;
- the death or critical injury occurs at a place where (i) a worker is carrying out his or her employment duties at the time the incident occurs, or (ii) a place where a worker might reasonably be expected to be carrying out such duties in the ordinary course of his or her work; and
- there is some reasonable connection between the hazard giving rise to the death or critical injury and a realistic risk to worker safety at the workplace.
For further information, please see the ONCA decision.1