Policy spells out when injunctions can be used, such as failure to comply with a stop work order
WorkSafeBC has implemented a new policy on pursuing injunctions in British Columbia.
The policy, which came into effect on Dec. 1, was released for public consultation from June 1 to Sept. 16, 2011.
The policy provides guidance to WorkSafeBC on determining when to consider an injunction and the appropriateness of pursuing an injunction.
Occupational health and safety injunctions, under the Workers Compensation Act, “are an effective tool to achieve compliance with health and safety requirements when other measures are unsuccessful,” according to the discussion paper WorkSafeBC released when seeking feedback on the new policy.
Previously, WorkSafeBC had no policy regarding these injunctions.
An order is WorkSafeBC's primary tool to achieve compliance with health and safety requirements. An injunction is a secondary tool to achieve compliance where the B.C. Supreme Court, on application from WorkSafeBC, can order a party to comply. An injunction is an effective tool to achieve compliance with health and safety requirements when other measures are unsuccessful.
The following are some of the circumstances in which WorkSafeBC may consider an injunction:
•failure to comply with a stop work order issued under section 191 of the act
•failure to comply with an order to stop using or stop supplying unsafe equipment under section 190 of the act
•failure to comply with an order other than ones above
•repeated violation of the same, or similar, section of the act or regulations
This does not limit WorkSafeBC’s ability to pursue an injunction in other circumstances.
Section 198 of the Workers Compensation Act provides the court can grant an injunction ordering a person to comply with occupational health and safety requirements. WorkSafeBC needs to satisfy the court there are reasonable grounds to believe a person has not complied or is likely not to comply with health and safety requirements or orders.
The court can grant an injunction against an individual or a corporation. Failure to comply with the injunction could result in being found to be in contempt of court. The court may address contempt in a number of ways including fines or in the case of an individual, even imprisonment.
