7. OHSA Section 69 - Limit on Prosecutions MOL has one year after the date of the incident to initiate legal action. Typically it will be very close to 12 months after an accident that MOL delivers notice of legal action .
8. Part IX (Offences and Penalties) Section 66 (Penalties) 66 (1) Penalties – Every person who contravenes or fails to comply with, A provision of this act or the regulations; An order or requirement of an inspector or a Director; or an order of the minister. Is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than twelve months, or to both” Penalties Arising from Charges
9. CRITICAL INJURY – Penalties 66 (2) If a corporation is convicted of an offence under subsection (1) the maximum fine that may be imposed upon the corporation is $500,000 and not as provided therein. 66(3) Defence – On a prosecution for a failure to comply with, (a) subsection 23(1); (b) clause 25(1)(b), (c) or (d), or (c) subsection 27(1), It shall be a defence for the accused to prove that every precaution reasonable in the circumstances was taken.
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12. OHSA Section 25,2(j) requires that each employer who has more than 5 employees…..” prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy ”
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14. Key Court Measures for Due Diligence: 1.0 A good working Knowledge of OHSA and applicable Regulations ; 2.0 Knowledge of workplace hazards; 3.0 Ongoing Action to Correct Hazards; 4.0 Written Health and Safety Policies and Procedures; 5.0 Orientation and Training; 6.0 Supervisory Coordination, monitoring and communication; 7.0 Enforcement with Discipline; 8.0 Documentation
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23. Key Court Measures for Due Diligence: 1.0 A good working Knowledge of OHSA and applicable Regulations ; 2.0 Knowledge of workplace hazards; 3.0 Ongoing Action to Correct Hazards; 4.0 Written Health and Safety Policies and Procedures; 5.0 Orientation and Training; 6.0 Supervisory Coordination, monitoring and communication; 7.0 Enforcement with Discipline; 8.0 Documentation
29. 1.0 A good working Knowledge of OHSA and applicable Regulations - Reg. 851 OH clearance 2.0 Knowledge of workplace hazards - JHAs & THAs ; 3.0 Ongoing Action to Correct Hazards - Workplace Inspections and monitoring by supervisors ; 4.0 Written Health and Safety Policies and Procedures - H&S Manual with procedures ; 5.0 Orientation and Training - Initial and on-going training relevant to jobs ; 6.0 Supervisory Coordination, monitoring and communication - regular H&S talks and meetings ; 7.0 Enforcement with Discipline - documented cases of safety discipline ; 8.0 Documentation - training certificates, training material, attendance sheets, test results.