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No Automatic OHSA Liability After Equipment-Failure Accident: Charge Dismissed where Use of Equipment not “Likely”

Employers are not required to anticipate all safety hazards, however unforeseeable. A recent case illustrates this point. In a tragic […]

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

Once is Enough: OLRB Dismisses Safety Reprisal Complaint Already Resolved by Arbitrator

Employers sometimes despair over employees who file multiple claims over the same issue.  The Ontario Labour Relations Board has decided […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“I Should have Brought a Gun to Shoot Her” Comment was Not Workplace Violence: Ontario Arbitrator

In a surprising decision, an Ontario arbitrator has decided that a picketing employee’s comment to his fellow picketers that “I should have brought […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Even Careless, Reckless Workers Protected by OHSA: Ontario Court

A Justice of the Peace has reaffirmed that Ontario’s safety laws are intended to protect not only safe workers, but also workers […]

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

Constant Supervision not Required by OHSA: Ontario Court

The Occupational Health and Safety Act does not require that workers be “contemporaneously supervised at all times”, an Ontario appeal […]

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

Reinstatement, Full Back Pay for Employee Fired after Work Refusal

The Ontario Labour Relations Board has reinstated an employee who was fired shortly after he engaged in a work refusal […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Employer not Liable where Safety Hazard Unforeseeable: Ontario Court

An Ontario appeal court has overturned a conviction under the Occupational Health and Safety Act because there was no basis […]

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

Engineer’s Report Must Use “Not Likely to Endanger” Language of OHSA: OLRB

An engineer’s inspection report must use the specific language “not likely to endanger a worker” in order to comply with […]

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

Construction Contract Clear: Government was Owner but not Constructor

Where a 143-page contract made clear that a contractor was the “constructor” under health and safety legislation, the Yukon government, […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Criminal Guilty Plea from Supervisor Not Present, Not Aware of Hazardous Activity

A supervisor at a Quebec automobile dealership has pleaded guilty to a criminal charge arising out of a workplace accident […]

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

Struggling with How to Comply with Safety Compliance Order? MOL Inspector Need not Help: OLRB

An employer struggling with how to comply with a Ministry of Labour inspector’s safety compliance order cannot expect the MOL […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“Unacceptable Burden” on Employer to Keep Two Fighting Employees Apart: Dismissal Upheld, But Lifetime Work Ban at Hydro Overturned

A journeyman electrician employed by Hydro One Inc. was properly dismissed because, during an altercation, he pushed another employee causing […]

By Adrian Miedema

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