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Dentons Canadian Occupational Health & Safety Law

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Misled by official, company proves “officially induced error”, beats charges

The defence of “officially induced error” is rarely used successfully, but in a recent Highway Traffic Act case, it won […]

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

Moving company fined under smoke-free workplace legislation

As one employer learned recently, smoke-free workplace legislation has teeth. According to a Nunavut government press release, a government safety […]

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

Safety contractor wins appeal of $1,000 administrative penalty under OHSA

Don’t be seen to cause a traffic jam that inconveniences a government health and safety officer.  Perhaps that is the […]

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

Business owner facing criminal and provincial charges in workplace death

Both the RCMP and provincial health and safety officials have laid charges against an owner of a body shop in […]

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

U.S. construction companies and manager face fines of nearly $2 million for exposing workers to asbestos

The U.S. Occupational Safety and Health Administration (OHSA) has cited a construction company and its manager for asbestos-related violations and […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Two superintendents fined for OHSA violations in scissor lift fatality

Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after […]

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

MOL engineer not qualified to give expert evidence: he was too involved in the investigation, too closely identified with prosecution at trial

An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as […]

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

FOI adjudicator denies access to MOL inspector’s reasons for recommending no OHSA charges against employer

An adjudicator with the office of Ontario’s Information and Privacy Commissioner has denied access to a Ministry of Labour inspector’s […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Project Manager for Metron Construction convicted of criminal negligence in Christmas Eve fatalities. Three individuals and two companies now convicted

The project manager who supervised the four workers who died after a swing stage scaffold collapsed on Christmas Eve, 2009, […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

“Creative sentence” imposed for OHSA violation: company must give 150 hours of safety presentations on case, plus pay fine

A Nova Scotia court has imposed a “creative sentence” for a violation of the Occupational Health and Safety Act, requiring […]

By Adrian Miedema
  • Prosecutions / Charges

Ontario Bill will increase fines for Workplace Safety & Insurance Act violations

The Ontario government has introduced legislation that will, among other things, quintuple the maximum fine against corporations for violating the […]

By Adrian Miedema
  • Prosecutions / Charges

Former Safety Manager Charged in U.S. Workplace Death

A former Safety Manager in California is among those charged with “willfully violating worker safety rules”, allegedly causing the death […]

By Adrian Miedema

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