My last post presented Alberta's most recent injury and fatality statistics. I wanted to take the opportunity to discuss how those statistics impact the enforcement initiatives of OHS Regulators.
OHS Regulators, like Workplace Health and Safety (WHS) in Alberta and The Ministry of Labour in Ontario are legally authorized to enforce provincial OHS laws. They do this by way of orders and prosecutions. My next post will discuss orders in more detail but for now let's focus on prosecutions (the more serious of the two). Since the primary objective of prosecuting is deterrence, OHS Regulators have a vested interest in convicting offenders - and publicizing those convictions - in an effort to prevent other would-be-offenders from breaking the law.
|
Year
|
Completed
Prosecutions
|
Total
Fines
|
Range
of Fines
|
Average
Fine
|
|
08
|
22
|
$5,073,000
|
$45.75K – $425K
|
$230,590
|
|
07
|
12
|
$1,720,000
|
$70K – $350K
|
$143,333
|
|
06
|
10
|
$1,534,000
|
$40K – $500K
|
$153,400
|
|
05
|
12
|
$554,050
|
$2K – $100K
|
$46,170
|
The most recent prosecution statistics for Alberta suggest that WHS is making more of a commitment to enforce OHS laws. The number of completed prosecutions in 2008 almost doubled from 2007 and the total fines increased almost 300% in that same period. One interesting note about these statistics is that the number of "completed prosecutions" are the cases that concluded with a guilty verdict in the respective year. Because of the 2 year limitation period for commencing a prosecution in Alberta, the completed prosecutions in 2008 are likely in relation to incidents that occurred in 2005. In 2005 Alberta had one of its highest fatality rates since 1999. Coincidence? I think not.
Past injury and fatality statistics are exactly what OHS Regulators look to in order to decide how to apportion their enforcement resources for upcoming years. To be blunt and politically incorrect, we can't exactly turn around and blame the OHS Regulator when the fatality rate is high if they have been doing their part in enforcing the laws. The higher the injury and fatality rates, the more enforcement initiatives we can expect. So what can we expect for Alberta in the coming years?
"There are still far too many workers in Alberta getting killed on the job...It will be a priority to reduce fatalities” said Hector Goudreau, Minister of Employment and Immigration in an April 24, 2009 press release.
In fact, WHS will receive an additional $5 million for increased enforcement during the 2009/10 fiscal year. Expect the rising trends in the number of completed prosecutions, total fines and the average fine to continue as long as Alberta's fatality rate fails to fall below an acceptable level.