swimming pool (Photo credit: freefotouk)
[4] For the reasons that follow, I would set aside the decisions of the Divisional Court and the Board. The interpretations they gave to s. 51(1) of the [Occupational Health and Safety Act, R.S.O. 1990, c. O.1.] would make virtually every place in the province of Ontario (commercial, industrial, private or domestic) a “workplace” because a worker may, at some time, be at that place. This leads to the absurd conclusion that every death or critical injury to anyone, anywhere, whatever the cause, must be reported. Such an interpretation goes well beyond the proper reach of the Act and the reviewing role of the Ministry reasonably necessary to advance the admittedly important objective of protecting the health and safety of workers in the workplace. It is therefore unreasonable and cannot stand.
[5] In my view, a proper interpretation of the Act requires that there be some reasonable nexus between the hazard giving rise to the death or critical injury and a realistic risk to worker safety at that site. There is no such nexus here.
[6] Sometimes a swimming pool is just a swimming pool.
Blue Mountain Resorts Limited v. Bok, 2013 ONCA 75 (Ont. C.A.) per Blair, J.A.
Tags: Ontario, Court of Appeal for Ontario, Health, Divisional Court, Ontario Labour Relations Board, Swimming pool, Occupational Health & Safety
