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Caselaw Developments

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Corporate Director Fined under OHSA in Safety Belt Case

A corporate director of a stucco company has been fined $3,000.00 under the Ontario Occupational Health and Safety Act for […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Majority of OHSA Fines in $100,000 to $150,000 Range in Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of […]

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

Filed Late, Appeal of Inspector’s Order Dismissed

A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Federal Health and Safety Officer’s File not Absolutely Privileged: Arbitrator

A federal Health and Safety Officer’s file was not absolutely privileged, and a labour arbitrator may order parts of it produced […]

By Adrian Miedema
  • Caselaw Developments

Zero-tolerance “Safety Absolute” Upheld: One Tie-Off Violation Gets Employee Fired for Cause

Zero-tolerance safety rules, often called “Life Saving Rules”, “Cardinal Safety Rules” or “Safety Absolutes”, are becoming more common in industry.  An […]

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

Company Director Fined $8,500 After Swearing at MOL Safety Inspector, Making Threatening Gestures and Telling Inspector to Leave Project

Corporate directors can be charged by the Ontario Ministry of Labour and fined under the Occupational Health and Safety Act. […]

By Adrian Miedema
  • Caselaw Developments

Marijuana Possession and Use at Work Justified Dismissal, Despite Employee’s “Drug Problem”

A mining company employee was properly dismissed for possessing and using marijuana at work, a labour arbitrator has held.  And the […]

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

Previous Environmental Convictions Considered in Jailing of Supervisor for OHSA Offences: Court’s Reasons now Available

A supervisor’s previous violations of the Environmental Protection Act, and failure to pay more than $50,000 in fines for those […]

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

$20,000 Fine After HR Staff, Supervisor Fail to Immediately Report Injury to MOL

An Ontario employer has been fined $20,000 for failing to report an injury to the Ministry of Labour, showing that […]

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

Supervisor Jailed 45 days for Occupational Health and Safety Act Violation

An Ontario supervisor has been jailed for 45 days after a worker fell off a roof and suffered permanent paralysis.  […]

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

Safety Committee Co-Chair Disciplined for Insubordination, Must Raise Matters in “Appropriate Forum”

A long-time co-chair of a plant safety committee has been disciplined after he confronted the employer in a “crew talk” […]

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

$75,000 Fine for Failing to Report Occupational Disease Claim

The Occupational Health and Safety Act obligation to notify the Ontario Ministry of Labour of accidents and occupational illness claims […]

By Adrian Miedema

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