Amendments to High Risk Policies for Penalties
The amendments establish six designated high risk violations and new criteria for determining whether other violations are high risk, for the purposes of OHS penalties, including amounts and warning letters.
New designated categories include work activities relating to: combustible dust, working over 10’, and asbestos. New criteria for high risk can apply to any violation taking into consideration:
1. Likelihood of incident or exposure occurring, and,
2. Likely seriousness of any injury or illness that could result if that incident or exposure occurs.
These amendments will make designating violations high risk more straight forward than under the previous policy. Therefore, more violations will likely be found to be high risk where serious injury or illness has occurred. This in turn could lead to more considerations for prosecutions.