Under OHSA, what must the Ministry show to convict?

Under OHSA, what must the Ministry show to convict?

• A. The employer intended to violate the order.
• B. The employee failed to follow safety procedures.
• C. The organization had a defective equipment policy.
• D. An act, or a failure to act, by the employer or another employee caused the danger.

Answer: (D)

Conviction under OHSA centers on showing a direct link between a specific act or a failure to act by the employer or another employee and the dangerous condition that results. The prosecution doesn’t need to prove intent to violate; nor is a defective policy by itself enough. What matters is that the act or omission caused the danger in question. So, the Crown must establish that the conduct of the employer or another worker created or contributed to the hazard through an actual causal connection.

Conviction under OHSA centers on showing a direct link between a specific act or a failure to act by the employer or another employee and the dangerous condition that results. The prosecution doesn’t need to prove intent to violate; nor is a defective policy by itself enough. What matters is that the act or omission caused the danger in question. So, the Crown must establish that the conduct of the employer or another worker created or contributed to the hazard through an actual causal connection.