TICKETING AND ADMINISTRATIVE

PENALTY SYSTEMS (TAPS)

Summer 2012

WHY IS THE GOVERNMENT PLANNING ON IMPLEMENTING

TAPS?

Inspections and investigations conducted by OHS Officers have found that work activities at some work sites do not always comply with OHS legislation.

Ticketing and an Administrative Penalty System will provide officers with additional tools to be used when deemed appropriate to re-establish compliance with OHS legislation.

WHAT IS TICKETING?

The proposed ticketing system will enable OHS officers to issue on-the-spot tickets to employers or workers who are in violation of legislated health and safety rules. The tickets will be similar to traffic tickets.

The purpose of issuing tickets is to provide a consequence for non-compliance with specified OHS legislated requirements.

Officers will have discretion, in accordance with operational policies and procedures, on when to issue tickets. There will be no ticketing quotas. Tickets will only be issued when it is appropriate to do so.

WHAT IS AN ADMINISTRATIVE PENALTY SYSTEM?

It is a monetary penalty levied by administrative action rather than judicial action.

The goal is to encourage prime contractors, employers and workers to comply with legislated requirements to reduce risks, and as a result, reduce injuries or illnesses on a worksite.

An incident does not need to occur for a penalty to be levied. The purpose of the penalty is to focus on remedial action, preventive in nature, to address a health and safety issue and re-establish compliance with regulatory requirements.

HOW WILL TAPS FIT WITH OTHER COMPLIANCE TOOLS?

The following suite of compliance enforcement tools will be available to OHS:

- Education/Information - Orders to comply- Stop work orders - Stop use orders- Tickets - Administrative penalties- Court orders - Court prosecutions

Each enforcement tool serves a different purpose in ensuring compliance at the worksite. Occupational Health and Safety will choose the most appropriate tool(s). Keeping workers safe and healthy is the overall goal.

WHAT COULD TRIGGER THE DECISION TO ISSUE A PENALTY?

Tickets

•Observed non-compliance with a legislated OHS requirement.

Administrative penalties

•Observed non-compliance with a legislated OHS requirement.

•Non-compliance with any conditions of an OHS Order, Acceptance or Approval.

WHAT WOULD BE THE AMOUNT OF THE PENALTIES?

Tickets: Likely in the $200-500 range. Exact figures will be spelled out in legislation.

Administrative penalties: A maximum of $10,000 is being considered. A variety of factors will be considered on a case-by-case basis to set the penalty amount, including:•Degree of risk of harm.•Gravity or seriousness of the contravention.•Degree of willfulness/negligence contributing to the contravention.•History of non-compliance.

All penalties will go to the General Revenue Fund.