Nova Scotia proposes boost to OHS fines

Fines haven’t increased since 1996

Nova Scotia has introduced legislation to increase the fines levied under the Occupational Health and Safety Act. It would be the province’s first increase since the maximum fine was set at $250,000 in 1996.

The maximum fine would remain at $250,000 for a first offence and rise to $500,000 for additional offences within five years. The maximum fine for an offence involving a death would be $500,000, under the proposed legislation.

"Increasing fines for those who break our health and safety laws sends a message that more must be done to reduce injuries, illnesses and deaths at work," said Marilyn More, minister of labour and advanced education.

The amendments were recommended by the Occupational Health and Safety Advisory Council, with equal representation from unionized and non-unionized employers and employees.

At the end of 2010, injury rates were down about 16.5 per cent since January 2008, according to Workers’ Compensation Board statistics.

There were 23 workplace deaths in 2010, down from 32 in 2009, and there have been seven workplace deaths in Nova Scotia in 2011. One death happened after an employee broke his hip at work and later died in hospital, one worker was hit by a metal pipe and five died of chronic health conditions, according to the provincial government.

Judges may continue to use creative sentencing in their decisions, said the province.

“Under creative sentencing, a judge can order a guilty party to contribute to an organization that supports injured workers or their families, or to perform community service intended to increase workplace health and safety,” said a government release. “Penalties imposed under creative sentencing would be additional to the maximum fine, under the proposed amendments.”

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