Is Employer Liable for Ladder Fall Caused by Worker’s Carelessness? – Ask The Expert

It depends on whether the employer used due diligence to prevent the incident.
QUESTION
A worker who’s received safety training stressing the importance of placing the ladder on flat stable ground ignores that training and puts the ladder on a unlevel surface. As a result, the ladder wobbles and the worker falls. Would we be responsible for the incident?
ANSWER
It depends.
EXPLANATION
The issue of employer liability would be based on 2 things:
1. Whether the Employer Committed an OHS Violation
Unsafe use of a ladder is clearly an OHS violation. But who actually committed the violation—the worker, you—the employer, or both? The answer to that question would depend, in part, on which jurisdiction you’re in. Explanation: Under Federal, Manitoba, Nova Scotia, Northwest Territories, Nunavut and Saskatchewan OHS law, the employer must ensure safe placement of a ladder that a worker uses in a workplace; but in Alberta, New Brunswick, Prince Edward Island and Yukon, that responsibility…

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