The definition of a Critical Injury under Regulation 834 of the Ontario Occupational Health and Safety Act. is clear for all employers when determining what injury needs to be reported in the workplace. 1. The employer and/or constructor  must immediately notify the Ministry of Labour (1-877-202-0008), the company Joint Health and Safety Committee Representative (20 employees or more), or the Health and Safety Representative(when over 5 employees), and finally the worker trade Union if applicable. 2. Employer must send a written report of the circumstances of the occurrence to the Ministry of Labour Inspector assigned within 48 hours. 3. The scene where the occurrence and/or incident occurred must not be altered in any way without the permission of an inspector which generally results in no further work being done in that area until the inspector releases the scene.  

Regulation 834 of the Occupational Health and Safety Act defines “Critical Injury”

“critically injured” means 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. Under a strict reading of the above definition the fracture or amputation of a finger or toe is not a critical injury. The Ministry of Labour’s clarifying statement, however, makes clear that the Ministry will also view the fracture or amputation of more than one finger or more than one toe to be a Critical Injury for the purposes of the legislation if it is an injury of a serious nature as a critical injury. For assistance with investigating a critical injury please call our office at 905-661-SAFE(7233)

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