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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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  • Caselaw Developments
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Employer asks HRTO for permission to access employer’s own “Occupational Health and Claims Management” file on employee

Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations

MOL inspector’s grievance gives glimpse into MOL’s after-hours accident response process

Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Alleging panic attacks due to mistreatment at work, employee’s HRTO application dismissed for duplicating court action

Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a […]

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

Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests

Privileged notes taken by a witness – or by the employer from a witness – after a workplace accident may […]

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

“Red flags” were used to assess workplace violence threat; employer’s request for psychiatric assessment was justified

The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to […]

By Adrian Miedema
  • Caselaw Developments

Ministry of Labour sued for hiring allegedly incompetent inspector

The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve, 2009 scaffold […]

By Adrian Miedema
  • Amendments to Safety Laws

Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them. Bill […]

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

Are supervisors able to assess impairment? Drug driving decision suggests so

A recent Ontario decision suggests that laypersons – such as supervisors – may assess whether a person is impaired from drugs or […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Prosecutions / Charges
  • Safety - Risk Management

Ontario Bill to extend protection of OHSA to unpaid trainees

A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act.  The OHSA currently gives […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Reprimands for “violation of basic safety protocols” were not discriminatory

After failing in a harassment grievance that was based on the Occupational Health and Safety Act, an employee has failed […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Violence and Harassment

“Disgruntled and aggressive clients” posed safety threat under OHSA

An employee who was fired after complaining to the Ministry of Labour that she felt threatened by “disgruntled and aggressive […]

By Adrian Miedema

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