New employer penalties are now in effect
New employer late reporting penalties under the Workplace Safety and Insurance Act (WSIA) came into effect on January 1st. Employers who take more than 30 days to report an accident to the WSIB will be fined $1,000. Additional administrative penalties of $250 will continue to be separately applied for incomplete reporting, failing to use an appropriate reporting form, and failing to give the worker a copy of the completed Form 7.
Also as of January 1st, employers who are determined by the WSIB to have engaged in claim suppression may be charged an administrative penalty of $5,000 for each of the first three occurrences, $7,500 for each of the next three occurrences, and $10,000 for each occurrence after that.
Failure to comply with reporting obligations and claim suppression are also offences under the WSIA. If found guilty, individuals may be fined up to $25,000 and/or imprisoned for up to six months for each offence. Corporations are liable to a fine of up to $500,000 for each offence, up from $100,000. That would be in addition to the penalties mentioned above.
The WSIB has updated five policies to reflect these changes, and they are on the WSIB’s website under the heading “Policy revisions related to offences and penalties and employer accident reporting.”
The maximum fines for an offence under the Occupational Health and Safety Act (OHSA), including unlawful reprisals, have also increased from $25,000 to $100,000 for an individual or unincorporated business, and from $500,000 to $1.5 million for corporations. The time limit for prosecuting an offence under the OHSA has also changed from one year from the date of the offence, to one year from the date a Ministry of Labour health and safety inspector becomes aware of an alleged offence.
If you have any questions about these changes, please call the OEA and we will be pleased to review them with you.
Michael Zacks, Director (A) and General Counsel