A customer is hit by a car in your parking lot and is severely injured. You call 911 and a fire truck and ambulance arrive on the scene. A police officer also interviews all witnesses. This makes sense â€“ the customer needs medical attention and the police have to investigate the incident. Surely your obligations stop there. You weren’t the customer’s employer so there’s nothing left to do.
A recent decision in Ontario â€“ Blue Mountain Resorts Limited v. Ontario (Labour), 2009 CanLII 13609 (ON L.R.B.) â€“ suggests that your obligations might not stop there. In fact, you might have to report the critical injury to the occupational health and safety authorities â€“ even though the accident didn’t involve a worker. How can this be? Isn’t occupational health and safety law restricted to just that â€“ occupational situations? The answer, at least for the time being in one Canadian province, is “no.”