In a recent Ontario Court of Appeal decision, the Court has limited an employer's reporting and notification obligations to situations in which all of the following criteria are fulfilled:
a. A worker or non-worker ('any person') is killed or critically injured;
b. The death or critical injury occurs at a place where:
i. a worker is carrying out his or her employment duties at the time that the incident occurs; or
ii. a worker might reasonably be expected to be carrying out such duties during the ordinary course of his or her work ('workplace'); and
c. There is some reasonable nexus between the hazard giving rise to the death or critical injury and a realistic risk to worker safety at that workplace ('from any cause').
For more information, contact a member of our Business Law team.