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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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  • Caselaw Developments

Work refusal was motivated by employee’s dislike of work assignment, not by safety: when full disciplinary record considered, employee was fired for cause

An arbitrator has upheld the dismissal of an employee who tried to use the Occupational Health and Safety Act’s work […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

General contractor, not present on job site, was still responsible for subcontractor’s safety: labour board

A general contractor on a residential project was responsible for the safety of its subcontractors even though it was not […]

By Adrian Miedema
  • Caselaw Developments

U.S. OSHA orders aviation firm to reinstate dismissed pilot fired for raising safety concerns – damages could exceed $500,000

A U.S. pilot who raised a number of safety concerns has won reinstatement to his job, and years of lost […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Teachers’ union fighting for right to refuse work due where students violent

A student’s violent acts in a classroom have led to a dispute about the circumstances in which teachers may engage […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

MOL’s incident-reporting training Order to mining company not suspended

A Ministry of Labour compliance Order issued against a mining company for allegedly failing to report an “uncontrolled fall of […]

By Adrian Miedema
  • Caselaw Developments

Court upholds arbitrator’s imposition of 24-hour shift for firefighters, despite city’s safety concerns

In a previous post, we reported that an arbitrator had accepted a union’s request to impose 24-hour shifts for the […]

By Adrian Miedema
  • Amendments to Safety Laws

GHS update: Health Canada and U.S. OSHA seek public input on aligning hazard communication regulations, announce March 3 webinar

Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they are seeking public input on […]

By Adrian Miedema
  • Prosecutions / Charges
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Death of visitor leads to employer’s conviction, $100,000 fine under OHSA

This case is a reminder that injuries to non-employees can lead to Occupational Health and Safety Act convictions and fines […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Waiver was unenforceable under WSIA, employee entitled to sue employer after workplace injury

An Ontario employee has won the right to sue his employer for damages for an injury suffered at work.  An […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Firing after employee’s “generalized threat to get legal advice” was not retaliatory

An employee who was fired approximately one month after he told his employer that he “might get legal help” was […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety - Risk Management

Criminal negligence causing death charge against auto mechanic reinstated by appeal court

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, […]

By Adrian Miedema
  • Caselaw Developments

Join us on February 16th – Webinar on Key OHS Cases from 2015

Please join us on February 16th for a complimentary webinar on Key OHS Cases from 2015. Adrian Miedema has selected, from […]

By Adrian Miedema

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