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Dentons Canadian Occupational Health & Safety Law

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Safety – Risk Management

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No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct

An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator’s decision shows. […]

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

“Who is a supervisor?” Ontario Ministry of Labour releases guideline

Employers often struggle with the question of who is a “supervisor” under the Ontario Occupational Health and Safety Act. The […]

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

Two company directors jailed 25 days after worker dies, no safety training provided

Rarely are senior corporate officials jailed for health and safety offences in Canada.  But recently, two company directors of an […]

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

Court considers safety, fatigue of replacement workers in granting picketing injunction

A British Columbia judge has considered an employer’s concerns for the safety of replacement workers, in granting an injunction against […]

By Adrian Miedema
  • Other Safety Developments
  • Safety - Risk Management

Ebola Preparedness for Employers: U.S. OSHA Launches Ebola Web Page

The United States Occupational Safety and Health Administration (OSHA) has launched an Ebola Web Page for employers providing information on Ebola […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Violence and Harassment

Trucker who punched customer in the mouth was fired for cause

One would think it self-evident that employees who punch a customer’s employee in the face may be dismissed for just […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Alberta Employer Liable for Employee’s Negligent Driving of Company Vehicle – Even Though Employer Told Him Not to Drive It

Alberta employers should heed a recent appeal decision in which an employer was held liable for damage caused by an […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Violence and Harassment

Despite Having WSIB Coverage, Worker Permitted to Sue “Physically Demonstrative” Executive Officer who “Massaged” her Neck

Physically demonstrative managers beware: your company’s workers compensation coverage does not necessarily protect you from lawsuits by employees. Even though […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Violence and Harassment

“Discipline” included “dismissal”: employer did not breach safety-reprisal settlement when it dismissed employee after harassment investigation

An employer that dismissed an employee after a harassment investigation did not breach a previous safety-reprisal settlement with the employee, […]

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

No damages awarded for unforeseeable workplace assault, but employer ordered to rewrite harassment policy

The fact that an employee had engaged in harassment did not make it foreseeable that he would assault a coworker, […]

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

MOL safety blitz results show many new businesses non-compliant with basic requirements

The results of a recent Ontario Ministry of Labour safety blitz shows many new small businesses violate basic legal requirements […]

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

Employer asks HRTO for permission to access employer’s own “Occupational Health and Claims Management” file on employee

Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s […]

By Adrian Miedema

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