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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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“Unacceptable Burden” on Employer to Keep Two Fighting Employees Apart: Dismissal Upheld, But Lifetime Work Ban at Hydro Overturned

A journeyman electrician employed by Hydro One Inc. was properly dismissed because, during an altercation, he pushed another employee causing […]

By Adrian Miedema
  • Caselaw Developments

Obstructed-View Forklift Accident Lands Employee Five-Day Suspension

An employee who drove a loaded forklift in the forward direction with his view obstructed was properly issued a five-day […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Drunken Picket Line Threat to “Shoot Everyone” Did Not Warrant Dismissal: Ontario Arbitrator

A mining employee who consumed alcohol and uttered threats on a picket line was not properly dismissed, as his threats […]

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

Employer May Not Delegate Authority over Safety to Joint Health and Safety Committee: Arbitrator

An Ontario arbitrator has held, in dismissing a union grievance, that it would be illegal for an employer to delegate […]

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

“Toning Footwear” Improperly Banned by Employer for Safety Reasons: Arbitrator

A British Columbia arbitrator has held that an employer violated its collective agreement by banning the wearing of “Toning Footwear” […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

No Second-Hand Smoke Damages under Safety Clause of Collective Agreement: Ontario Court

The Ontario Divisional Court has upheld an arbitrator’s decision that a collective agreement provision requiring the employer – two Ontario […]

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

Should Appeals of Safety Compliance Orders be Stayed While Charges are Outstanding?

A recent Ontario Labour Relations Board decision suggests that employers’ appeals of Ministry of Labour compliance orders should not proceed […]

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

Faced with Costly Safety Compliance Orders? “Competitive Disadvantage” Argument Rejected by OLRB

Employers faced with costly Ministry of Labour compliance orders, that have not been issued to competitors, are often concerned that the […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Drivers’ Cell Phone Alibis Being Rejected by Court: “It was a Garage Door Opener”

A recent decision of the Ontario Court of Justice indicates that courts are clamping down on drivers accused of using […]

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

CSA Safety Training Standard Coming in 2013

Employers sometimes struggle to understand the scope of training required by occupational health and safety legislation.  The CSA Group is […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Fire Department Not Guilty of Remaining OHSA Charge: Caution Required When Scrutinizing Emergency Responders under OHSA, Decision Suggests

In a decision which suggests that fire departments faced with emergencies ought not to be judged too severely with hindsight […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Violence and Harassment

Gas Station Employees’ Safety and Wages Would be Protected under Ontario Private Member’s Bill

An Ontario Private Member’s Bill, introduced on September 20, 2012, seeks to protect gas station attendant’s safety and their income. […]

By Adrian Miedema

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