Director and Officer Risk Issues and Risk Management


This paper discusses the sources of director and officer liability for workplace health and safety, and identifies strategies to mitigate the risks that arise from these liabilities. Topics include enforcement of regulatory duties and responsibilities, and director and officer regulatory duties. This is followed by a discussion of the administrative penalty system used in some jurisdictions and the specifics of director and officer obligations in that context. The last part of the paper is a discussion of criminal liability, in particular section 217.1 of the Criminal Code, and the duty to direct work safely. Included is an update on prosecutions under this provision. The paper concludes with a discussion of due diligence and risk mitigation strategies. Civil liability, though touched on briefly, is outside the scope of this paper.

About David K. Jones

David practices civil and commercial litigation with an emphasis on maritime, occupational health and safety, and environmental law matters. David’s maritime law practice includes representation of clients in administrative and regulatory matters, cargo damage, oil pollution, personal injury, and marine insurance. David’s occupational health and safety practice includes casualty investigations involving serious workplace injuries and fatalities. He advises employers with… view full profile »

About Lorna A. Pawluk, Q.C.

Lorna has been Associate Counsel with the firm for many years, and advised employers almost exclusively in the occupational health and safety area.  This included any matter arising from compliance with provincial and federal occupational health and safety legislation, including regulatory, employment and human rights matters. She also spoke to large groups about occupational health and safety related issues and… view full profile »