As workplaces continue to change and evolve, so does the law around occupational health and safety. Unlike other areas of employment law, an employer’s failure to comply with their legal obligations can have significant physical consequences. Employers need to ensure they carry out their duties under occupational health and safety legislation and make sure their employees go home safely every day.
Understanding developments as they relate to health, safety and wellness in the workplace is key to fulfilling these legal obligations, and there have been many developments in the OHS context over the past year. Join us at our Saskatchewan Labour Update seminar in Regina, Saskatoon and virtually to learn more. Topics discussed will include those in this article and many more.
OHS inspections and investigations
The Ministry of Labour Relations and Workplace Safety and its occupational health and safety Officers are responsible for enforcing the requirements under The Saskatchewan Employment Act (the “SEA”) and its associated Regulations, including The Occupational Health and Safety Regulations (the “OHS Regs”). Enforcement is largely carried out through inspections and investigations following complaints, surprise inspections and inspections and investigations following reports of dangerous occurrences and serious injuries.
OHS Officer’s powers have expanded in the past few years. Their powers on inspection are fairly broad, and now explicitly include the ability to make recordings and take photographs. Further, OHS Officer’s have the power to conduct interviews as part of their investigation into a workplace incident.
Interviews may be voluntary or required/compelled. In a required/compelled interview, the person can have a “nominee” present during their interview. The OHS Officer, however, has the power to exclude the “nominee” where they believe it is fair and reasonable to do so.
Understanding the implications of each type of interview, knowing when to assert your rights to a “required” interview, and knowing how to respond to positions taken by OHS Officers are important details for every employer to understand in the context of an OHS investigation. Recent jurisprudence that explores these issues will be reviewed, and the implications on Saskatchewan’s inspection and investigatory regime will be discussed at this year’s seminar.
Drug and alcohol policies
Managing drug and alcohol use in the workplace can be complicated, as a number of overlapping legal areas need to be considered, including human rights law and privacy law. An employer’s obligation to ensure the health and safety of their workers includes the duty to control hazards that result from the use of drugs or alcohol in the workplace. Workers who are impaired by drugs or alcohol present a risk to themselves and others, especially where safety sensitive work is carried out. Recent cases in the drug and alcohol context will be reviewed.
OHS and criminal liability for supervisors
There have been a number of developments in the context of supervisory liability under provincial health and safety legislation and the Criminal Code. What is clear is that supervisors who fail to comply with their obligations may not only be subject to fines and penalties under provincial legislation, but can also be found criminally negligent under the Criminal Code.
This was the case in R v King where a supervisor was found to be criminally negligent after a fatal workplace accident. In that case, the court found that the supervisor’s gross negligence was a significant contributing factor to the worker’s death, and he was sentenced to three years in prison. For more on that decision, see our previous blog post.
This year’s seminar will explore recent case law, as well as the specific obligations on supervisors to protect the health and safety of the workers under their supervision.
Penalties for OHS violations
Violations of the SEA and OHS Regs can result in significant penalties for employers depending on the nature and severity of the offence.
Where an offence has resulted in a death or serious injury, individuals can face fines of up to $500,000 and imprisonment for up to two years, while corporations may be fined up to $1.5 million. Fines over $500 are also subject to a mandatory 40% victim fine surcharge.
Although the maximum penalty has never been imposed in Saskatchewan, a number of record fines were awarded in 2024. This year’s seminar will explore recent OHS litigation and sentencing jurisprudence, including two decisions involving Saskatchewan Power Corporation. The first involved an incident that resulted in the fatal injury of two workers and a penalty totaling $840,000. The second incident involved a worker who was severely burned in the context of an electrical arc flash incident, resulting in a penalty of $700,000. These cases and others will be explored in detail at the seminar.
The 2025 Saskatchewan Labour Update takes place in Regina on May 14 and in Saskatoon and virtually on May 22. Visit the event pages to learn more and register today.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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