Caselaw Developments Violence and Harassment Banned from pool and fitness facility, man who requested “young, hot female trainer” was not discriminated against because of mental disability By Adrian Miedema
Caselaw Developments Safety - Risk Management 3 1/2 year jail term upheld on appeal in criminal negligence case against Metron Project Manager By Adrian Miedema
Caselaw Developments “Absolute privilege” barred former employee’s complaint that employer’s confidential-information lawsuit against him was retaliatory under OHSA By Adrian Miedema
Caselaw Developments Prosecutions / Charges $5.3 million combined OHSA / EPA fine upheld on appeal in Sunrise Propane case: worker’s actions after explosions showed that he was not properly trained By Adrian Miedema
Caselaw Developments Prosecutions / Charges Fact of accident, without more, is not enough to convict on OHSA charges, appeal court decides By Adrian Miedema
Caselaw Developments Prosecutions / Charges Court finds that “accident as prima facie breach” principle precludes an order for particulars on an OHSA “general duty” charge By Cristina Wendel
Caselaw Developments Prosecutions / Charges In important decision, Ontario appeal court says that general duty clause in OHSA can impose higher obligations than specific requirements in regulations By Adrian Miedema
Caselaw Developments Violence and Harassment When is a Release effective to bar a safety-related complaint? Appeal court weighs in By Adrian Miedema
Caselaw Developments Prosecutions / Charges Court should be careful not to measure the practices of “smaller concerns” against those of large companies with far more resources, Justice of the Peace says in dismissing OHSA charge given due diligence By Adrian Miedema
Caselaw Developments Adjudicator refuses to anonymize employee’s name in medical accommodation case By Adrian Miedema
Caselaw Developments Government Safety Investigations Safety Professionals - Practice Issues MOL inspectors have the power to Order employers to produce documents, even if no contravention of OHSA has been found, OLRB decides By Adrian Miedema
Caselaw Developments Prosecutions / Charges Lack of remorse results in 4 month jail sentence for supervisor in fatal trench incident By Cristina Wendel
