Critical injury reporting

Critical injury reporting is the notice an Ontario employer owes under section 51 of the Occupational Health and Safety Act after a death or a serious injury at a workplace. A buyer reviewing past workplace incidents meets it as a record of what happened and whether the notices were given.

What the Act and the regulation say

Where a person is killed or critically injured from any cause at a workplace, the constructor, if any, and the employer must notify an inspector, and the committee, health and safety representative and trade union, if any, immediately by telephone or other direct means. The employer must then, within forty-eight hours after the occurrence, send a written report of the circumstances to a Director and to the committee, health and safety representative and trade union, if any, as section 51(1) sets out. Section 51(2) bars disturbing the scene until an inspector gives permission, except to save life or relieve suffering, maintain an essential public utility or transportation service, or prevent unnecessary damage to property. Ontario Regulation 420/21 says “critically injured” means an injury of a serious nature that, among other things, places life in jeopardy, produces unconsciousness or results in substantial loss of blood.

What to ask the seller

• Whether any death or critical injury has occurred, and the dates.
• Copies of the notices and reports sent after each one.
• Whether an inspector’s orders followed and were closed.

Pair these answers with the seller’s workplace safety compensation claims.