FAQs: Administrative Penalty for Failure to Report a Serious Incident
1. What is changing?
The amendment in the Administrative Penalty Regulation allows the Director of Workplace Safety and Health (WSH) to issue an administrative penalty to an employer who fails to report a serious incident, as required in regulation.
2. What is considered a “serious incident”?
The Workplace Safety and Health Regulation defines a “serious incident” as an incident;
(a) in which a worker is killed;
(b) in which a worker suffers
(i) an injury resulting from electrical contact,
(ii) unconsciousness as the result of a concussion,
(iii) a fracture of his or her skull, spine, pelvis, arm, leg, hand or foot,
(iv) amputation of an arm, leg, hand, foot, finger or toe,
(v) third degree burns,
(vi) permanent or temporary loss of sight,
(vii) a cut or laceration that requires medical treatment at a hospital as defined in The Health Services Insurance Act, or
(viii) asphyxiation or poisoning; or
(c) that involves
(i) the collapse or structural failure of a building, structure, crane, hoist, lift, temporary support system or excavation,
(ii) an explosion, fire or flood,
(iii) an uncontrolled spill or escape of a hazardous substance, or
(iv) the failure of an atmosphere-supplying respirator.
3. When do I need to report a serious incident?
When a serious incident occurs at a workplace, an employer must immediately and by the fastest means of communication available, notify the branch of the incident. Incidents can be reported to the Workplace Safety and Health Branch 24 hours a day, seven days a week at 204-957-SAFE (7233).
