premiums on time and make accurate premium reporting. The Workplace Safety and Insurance Board (WSIB) can impose administrative actions such as administrative charges, penalties, suspensions and benefit-related debts for non-compliance. Violation of WSIA may also lead to criminal charges, which, upon conviction, may result in fines and imprisonment. Individuals may face fines up to $25,000 and/or six months in jail, while corporations could incur fines up to $500,000. As such, landscaping employers should fulfill WSIA obligations not only to protect employees but also to safeguard the business from costly repercussions. Not complying with OHSA requirements Under Ontario’s Occupational Health and Safety Act (OHSA), landscaping employers are required to take all reasonable steps to protect worker safety. Key responsibilities include providing adequate training, advising workers of workplace hazards, ensuring the use of safety equipment, notifying the Ministry of Labour (MOL) of any fatalities or critical injuries. Additionally, landscaping workplaces with more than five employees are required to appoint a health and safety representative or establish a Joint Health and Safety Committee. Further, employers must appoint “competent” supervisors. Under the OHSA , employers must also address workplace harassment by investigating complaints in a timely manner, informing the involved parties of the results, and implementing corrective actions. The MOL has the authority to enforce the OHSA , and non- compliance can lead to serious penalties. Fines for corporations may reach up to $2 million, and directors or officers of a corporation could face up to $1.5 million fines and potential imprisonment. Courts may also impose additional damages in wrongful dismissal cases where employers fail to implement OHSA policies properly. For instance, in Bassanese v. German Canadian News Company Limited , the court awarded $50,000 in aggravated damages to an employee due to the employer’s negligence in addressing harassment complaints, along with other compensation. Conclusion Diligently managing employment law obligations is essential for a successful business. By understanding and addressing these most common errors, landscaping employers can proactively reduce legal risks, avoid costly disputes and foster a productive work environment. Consider consulting with an experienced employment lawyer for guidance on legal matters as they pertain to your province or territory. LT
CLASSIC STRUCTURES THAT SAVE YOU TIME
Complete projects faster. Structures that are handcrafted o-site, delivered on-time and installed in a day.
LAI-KING HUM is senior partner and founder of Hum Law in Toronto, Ont., specializing in employment law, human rights, professional regulation, mediation and litigation. Learn more at thehumlawfirm.ca.
Find out how at limestonetrail.com
46 | LANDSCAPE TRADES
Made with FlippingBook flipbook maker