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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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Constant Supervision not Required by OHSA: Ontario Court

The Occupational Health and Safety Act does not require that workers be “contemporaneously supervised at all times”, an Ontario appeal […]

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

Reinstatement, Full Back Pay for Employee Fired after Work Refusal

The Ontario Labour Relations Board has reinstated an employee who was fired shortly after he engaged in a work refusal […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Employer not Liable where Safety Hazard Unforeseeable: Ontario Court

An Ontario appeal court has overturned a conviction under the Occupational Health and Safety Act because there was no basis […]

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

Engineer’s Report Must Use “Not Likely to Endanger” Language of OHSA: OLRB

An engineer’s inspection report must use the specific language “not likely to endanger a worker” in order to comply with […]

By Adrian Miedema
  • Amendments to Safety Laws

Update on Ontario’s Forthcoming Mandatory Safety Orientation Training

The Ontario Ministry of Labour’s worker safety orientation materials should be released in their final version in “late fall/early winter”, […]

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

Construction Contract Clear: Government was Owner but not Constructor

Where a 143-page contract made clear that a contractor was the “constructor” under health and safety legislation, the Yukon government, […]

By Adrian Miedema
  • Violence and Harassment

“Arbitrators have recently shown a decreasing tolerance for threats or violence in the workplace”: Ontario Arbitrator

An employee who was dismissed after threatening management in a suspension meeting was not entitled to reinstatement – even though […]

By Adrian Miedema
  • Violence and Harassment

Supervisor’s “Blunt, unflattering assessment” of Employee’s Performance was not Harassment under OHSA

A supervisor’s conduct that falls within his or her normal work function is not normally “workplace harassment” under the Occupational […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Criminal Guilty Plea from Supervisor Not Present, Not Aware of Hazardous Activity

A supervisor at a Quebec automobile dealership has pleaded guilty to a criminal charge arising out of a workplace accident […]

By Adrian Miedema
  • Other Safety Developments
  • Prosecutions / Charges

Driver Charged Criminally in Death of Highway Flag Person

The CBC is reporting that criminal negligence charges have been laid in the highway death in August of a flag […]

By Adrian Miedema
  • Government Safety Investigations

Underground Mines Subject of MOL Safety Blitz

The Ontario Ministry of Labour has announced that underground mines will be the subject of a safety blitz for the […]

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

Struggling with How to Comply with Safety Compliance Order? MOL Inspector Need not Help: OLRB

An employer struggling with how to comply with a Ministry of Labour inspector’s safety compliance order cannot expect the MOL […]

By Adrian Miedema

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