This type of sentencing diverts funds that would otherwise be paid as fines to third party recipients that promote occupational health and safety. The OHS Act Section 49 provides additional powers of the Court to make directions. Terms of probation are usually 6 months to 3 years. Conditions for probation may include safety training, public acknowledgment of the offense, third party audit of policies/procedures or any other condition the Court feels appropriate. In certain circumstances, in addition to a fine, the court may order probation for a corporation. If the convicted party(s) continues the offence, they may also be subject to an extra fine of up to $60,000 for each day which the offence continues.Īll fines are subject to a 20% victim surcharge. If the convicted party(s) continues the first offence, they can also get an extra fine of up to $30,000 per day.įines for a second or subsequent offence can be up to $1 million and/or up to 12 months in prison per violation. Finesįines for a first offence under the OHS Act Section 48(1) can be up to $500,000 and/or up to 6 months in prison per violation. Or a combination of one or more of the above.
When the Court decides a work site party (defendant) is guilty, the convicted party may be sentenced with:
After charges are laid, an employer, supervisor, worker, supplier, service provider, owner, contracting employer, prime contractor, or temporary staffing agency can: