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Dentons Canadian Occupational Health & Safety Law

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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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Ship’s Navigator Sentenced to Four Years for Criminal Negligence

A B.C. ship’s navigator has been sentenced to four years after he was convicted of criminal negligence causing death for […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Man Criminally Guilty of Dangerous Operation of Farm Tractor

This case is of the “you thought you had heard everything” variety.  An Ontario man has been found guilty under […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Violence and Harassment

Employee did not have Duty to Intervene to Stop Fight: Court

Does an on-shift-employee have a duty to intervene to stop a fight between members of the public – or between […]

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

Mere Smell of Marijuana was not Enough: Employee was Entitled to Refuse Drug Test, says Court

An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

E-mails Sink Employer in Safety-Retaliation Case: “Carefully Chosen Ruse” Found

An employer’s internal e-mails showed that a “professional standards investigation” conducted on an employee was actually a retaliation for the […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Unremorseful Sexual Harasser was Fired for Cause: Court Reproves Arbitrator

An unremorseful mail room clerk’s sexual harassment and grabbing of a contract worker was just cause for dismissal, the Ontario […]

By Adrian Miedema
  • Prosecutions / Charges

Supervisor, Worker, Company fined Total of $55,000.00 In No-Injury Equipment-Drop Case

Even in no-injury accidents, fines under the Ontario Occupational Health and Safety Act can be significant, as demonstrated by a […]

By Adrian Miedema
  • Government Safety Investigations
  • Other Safety Developments
  • Safety - Risk Management

Employers Should Prohibit Texting While Driving: U.S. OSHA

Distracted driving, and in particular texting while driving, are important occupational safety issues, and employers need to act, the U.S. […]

By Adrian Miedema
  • Caselaw Developments
  • Other Safety Developments

Self Described “Happy Drunk” with Sleep Apnea was not Disabled: Adjudicator

“Not every ailment amounts to a disability”, an adjudicator has held, in dismissing an employee’s grievance. Employers who often wonder […]

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

Safety Professional was Unionized Position: Arbitrator

An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Violence and Harassment

Angry Confrontation of Employee by a Manager Could be Safety Issue: OLRB

In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted […]

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

Worker Guilty of Obstructing MOL Inspector by Refusing to Answer Questions

A worker who refused to answer a Ministry of Labour inspector’s questions during an accident investigation has been found guilty […]

By Adrian Miedema

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