Court adopts broad definition of workplaces, increasing reporting obligation for injuries
In a decision that will have far reaching implications for the Ontario resort and tourism industry, the Divisional Court of the Ontario Superior Court of Justice has upheld an Ontario Labour Relations Board (OLRB) decision that injuries to guests must be reported to the Ministry of Labour (MOL). Under Ontario’s Occupational Health and Safety Act (OHSA), critical and fatal injuries must be reported to the provincial health and safety regulator, the Ministry of Labour. This provision had been normally understood to require employers to report injuries to employees or workers. However, the May 18, 2011, decision of Justice Wailan Low supports the OLRB’s ruling that this obligation also extends to guests at resorts or other tourism facilities.
