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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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Can Employers be Fined under Safety Laws for Injuries to a Non-Employee?

Can an employer be convicted and fined under the Occupational Health and Safety Act for an accident that resulted in […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

When does Workplace Violence Justify Dismissal? Pipe-Throwing Employee’s Risk of Reoffending Outweighed Hopes of Reform

An arbitrator has upheld the dismissal of a unionized employee where the risk of him committing another violent act outweighed […]

By Adrian Miedema
  • Prosecutions / Charges

Metron/Swartz Sentencing Decisions now Online: Company Criminally Liable for Site Supervisor’s Actions

On July 13, 2012, the Ontario Court of Justice made its historic sentencing decisions against Metron Construction Corporation and its […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“Picking On” Employee, Suspending Her for Refusing Work Assignment, Were not Safety-Reprisal

A nurse who refused a work assignment, then claimed that her supervisor had suspended her and was “picking” on and […]

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

Assaulted by Stranger, Bus Driver Wins WSIB Benefits: He did not “Participate in a Fight”

The Ontario Workplace Safety and Insurance Appeals Tribunal has awarded workers’ compensation benefits to a bus driver who was assaulted […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

“The Next Element to Attack is Fire”: Employee Properly Dismissed for Threatening / Intimidating Statement

An Ontario arbitrator has upheld the discharge of a “modern day prophet” who stated, “the first element to attack is […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Safety - Risk Management

“Trend to more small workplaces and fewer large ones” affecting Ontario’s safety strategy

After stating that “many workers continue to be unaware of their workplace rights and responsibilities”, Ontario’s Chief Prevention Officer, George […]

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

Antibiotic-Resistant Patients Posed Workplace Hazard: Inspector’s PPE Order Not Suspended

An Ontario Ministry of Labour inspector has ordered a sleep laboratory to provide personal protective equipment to employees because of […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

$30,000 Personal Fine for Construction Supervisor who Violated Known Work Procedure

A construction supervisor was fined $30,000 after pleading guilty to charges under the Occupational Health and Safety Act. The supervisor […]

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

Ontario MOL’s 2012-13 “System Priorities”: Musculoskeletal Disorders, Falls, Machinery and Vehicles

The Ontario Ministry of Labour has released its “system priorities” for 2012-13. In its “Introduction to Safe At Work Ontario […]

By Adrian Miedema
  • Prosecutions / Charges

Convictions in 82% of Incidents/Accidents That Resulted in OHSA Charges

An FMC study of unpublished Ontario Ministry of Labour data has shown that if an accident or incident resulted in […]

By Adrian Miedema
  • General
  • Prosecutions / Charges
  • Safety - Risk Management

$200,000 Criminal Safety Fine for Company, $90,000 OHSA Fine for Director in Deaths of 4 Workers

We recently reported that Metron Construction had pleaded guilty to criminal negligence in respect of the Christmas Eve 2009 deaths […]

By Adrian Miedema

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