To report or not report, that is the question.

As a fellow Occupational Health and Safety professional, I have often discussed with colleagues the interpretation on what constitutes a "critical injury" and whether it's reportable to the MOL. This dilemma has caused  a great deal of anxiety as failure to report can be considered an offence under the OHSA. 

Regulation 834 defines under the OHSA defines "critically injured" to mean an injury of a serious nature that,

(a) places life in jeopardy,
(b) produces unconsciousness,
(c) results in substantial loss of blood,
(d) involves the fracture of a leg or arm but not a finger or toe,
(e) involves the amputation of a leg, arm, hand or foot but not a finger or toe,
(f) consists of burns to a major portion of the body, or
(g) causes the loss of sight in an eye. 

The language on some of the above Clauses are ambiguous.  We are pleased to notify our readers that the MOL has released some clarifications on the language. 

Clause (d) of Regulation 834 stipulates that an injury of a serious nature is a "critical injury" if it involves the fracture of a leg or arm but not a finger or toe. 

The Ministry of Labour interprets this provision as including the fracture of a wrist, hand, ankle or foot - e.g. any such fracture would constitute a critical injury if it is of a serious nature. While the fracture of a single finger or single toe does not constitute a critical injury, the ministry takes the position that the fracture of more than one finger or more than one toe does constitute a critical injury if it is an injury of a serious nature.

Clause (e) of Regulation 834 stipulates that an injury of a serious nature is a "critical injury" if it involves the amputation of a leg, arm, hand or foot but not a finger or toe. 

While the amputation of a single finger or single toe does not constitute a critical injury, the ministry takes the position that the amputation of more than one finger or more than one toe does constitute a critical injury if it is an injury of a serious nature.

A critical injury must be reported under s. 51 of the Occupational Health and Safety Act if there is a connection between the hazard that gave rise to the injury and worker health and safety.

The MOL updates can be found by clicking HERE. 

For further information please contact Greg Sathmary at (613) 260-0600.