In September 2023, a landmark court decision shook the Canadian construction industry.
A New Brunswick supervisor was sentenced to jail for criminal negligence - a first in Canadian legal history. Until that point, many in the industry may have believed they were immune to such legal consequences.
A Wake-Up Call Across Industries
Fast forward to February 2025: another powerful example. This time, a supervisor at an Ontario trucking company was sentenced to three years in prison. Why? A worker, who later died in a tragic accident, had reported steering issues with his truck—concerns that were ignored by the supervisor. The court ruled this inaction as criminal negligence.
A Clear Message: Supervisors Are Legally Accountable
These rulings send a clear message: anyone directing work is legally responsible for the health and safety of their workers. Failure to meet your obligations as a supervisor can lead to severe legal and personal consequences.
And it’s not just the construction or transportation sectors at risk. Every industry, across all provinces and territories, is under the same legal scrutiny. Safety legislation across Canada consistently requires employers and supervisors to take all reasonable precautions to protect workers from harm.
Who Is Considered a “Supervisor”?
The term Supervisor doesn’t just mean someone with that title. It includes anyone who:
- Directs the work of others
- Oversees a team or task
- Holds authority over safety decisions
This can include managers, shift leads, forepersons, directors, executive chefs, and more. Legally, they all carry the same responsibilities as the employer when it comes to occupational health and safety (OHS).
Due Diligence: The Supervisor’s Legal Defense
In criminal negligence cases related to OHS, the burden often falls on the accused to prove they took all reasonable steps to prevent the incident. That’s where Due Diligence comes in.
What Does Due Diligence Look Like?
To meet due diligence standards, supervisors must:
- Maintain a Safe Work Environment: Identify hazards, assess risks, and implement control measures. Conduct regular inspections and enforce safe work procedures.
- Provide Training and Supervision: Ensure all workers are trained on hazard recognition, equipment use, and safety procedures.
- Comply with Legal Requirements: Stay updated on all applicable safety legislation, regulations, and industry standards.
- Investigate Incidents Thoroughly: Respond quickly to accidents, near misses, and unsafe conditions. Investigate to find root causes and implement corrective actions.
Due diligence is not just about legal protection—it’s about protecting lives, building a culture of safety, and maintaining ethical leadership.
Next Steps for Your Supervisors
To reduce legal risk and increase safety, we recommend ensuring all supervisors are properly trained and understand how to demonstrate due diligence in their roles.
At BVS Canada, we offer accessible online training options that allow supervisors to complete training without leaving the workplace:
🔹Leadership in Safety & Due Diligence for Supervisors – Online Training
🔹 Book a Free Consultation – Speak with our safety experts about how your supervisory practices may be putting your business at risk.
Don’t wait for a courtroom to uncover the gaps in your safety program. Proactive training can protect your people—and your business.
Contact Bow Valley Safety for More Information on our health and safety consulting services please visit www.bvscanada.com