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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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  • Safety - Risk Management
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U.S. OSHA Issues Hazard Alert Regarding Silica Exposure in Fracking Operations

The U.S. Occupational Safety and Health Administration (“OSHA”) and the National Institute for Occupational Safety and Health (“NIOSH”) have issued […]

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

No Duty to Train Medical Manager on Ladder Use: Not Part of His Job, Says Ontario Court

An Ontario court has held that an employer had no duty to provide safety training to a medical manager on […]

By Adrian Miedema
  • Prosecutions / Charges

Two-Thirds of Corporations that Fought OHSA Charges at Trial Lost: FMC Study

An FMC study of 18 months of unpublished Ministry of Labour data has found that two‐thirds of corporations that fought […]

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

Dismissal for Shovel Threat Void where Employer also Relied on Outdated Discipline

An Ontario labour arbitrator has reinstated a dismissed employee after the employer improperly relied on previous discipline and also failed […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Sufficient to Alert Worker’s Supervisor – not Worker Himself – to Hazard: OHSA Charge Dismissed

An Ontario court has dismissed a charge against an employer of failing to acquaint a worker with a hazard, because […]

By Adrian Miedema
  • Prosecutions / Charges

Most Corporations Plead Guilty to OHSA Charges; Most Supervisor / Worker Charges Withdrawn

An FMC study of unpublished Ontario Ministry of Labour data has shown that 68% of corporations charged under the Ontario […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Employees Win Approximately 10% of Ontario Safety-Reprisal Decisions in 2011

Employees won only 2 of 17 reported Occupational Health and Safety Act reprisal cases decided by the Ontario Labour Relations Board […]

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

Employer Challenging Safety Inspector’s Compliance Order that Simply Restated OHSA Obligation

A Ministry of Labour inspector’s compliance order under the Ontario Occupational Health and Safety Act should not be suspended even […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Prosecutions / Charges

OHSA Defendants May Ask Prosecutor for MOL Inspector’s Criminal Record

Companies and individuals charged under the Ontario Occupational Health and Safety Act may ask the prosecutor to provide the Ministry […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Fired Two Months After Injury, Employee Loses OHSA Reprisal Complaint

The Ontario Labour Relations Board has held that an employee who was fired two months after injuring her knee at […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

RN’s Harassment and Bullying of RPNs was “Subtle” and “Insidious”: Arbitrator Refuses to Reinstate

A labour arbitrator has refused to reinstate a discharged Registered Nurse because of her “subtle” and “insidious” bullying and harassment of […]

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

Union Must Put Safety Issue to MOL Inspector First: OLRB

The Ontario Labour Relations Board has refused to permit a teachers’ union to expand a safety appeal to several schools where […]

By Adrian Miedema

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