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Canadian Occupational Health & Safety Law

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Canadian Occupational Health & Safety Law

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Safety Co-Ordinator who “Assumed a Passive Role” Convicted under OHS Act

An Occupational Health and Safety Co-ordinator has been found guilty of a violation of Nova Scotia’s Occupational Health and Safety […]

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

Acquittal of U.S. Corporate Counsel Shows Importance of Outside Advice in Safety Investigations

A U.S. judge has acquitted an in-house lawyer on obstruction charges, in part because she consulted widely with outside counsel.  […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Safety Charges Reinstated after Errors Sent Case “Off the Rails”

An Ontario Superior Court judge has reinstated an Occupational Health and Safety Act prosecution that “went off the rails” because of […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

No Reprisal for Harassment under Ontario OHSA

A vice-chair of the Ontario Labour Relations Board has suggested, without finally deciding the point, that the OLRB has no authority […]

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

Material Handling Conviction Overturned: Truck not Handling Material

The Ontario Court of Appeal has dismissed a “material handling” prosecution involving a road vehicle that was not actually or […]

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

“Construction Manager” was Constructor on Project, Despite use of New “Model”

A new “model” of construction, where a “construction manager” was used instead of a “traditional general contractor”, did not insulate […]

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

Employee’s Statement to MOL Inspector Thrown Out

Employers often ask us whether their employees can be forced to give a statement to an Ontario Ministry of Labour […]

By Adrian Miedema

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