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Dentons Canadian Occupational Health & Safety Law

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Arbitrator May Not Award Damages for Workplace Injury where Worker Entitled to WSIB Benefits

An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain […]

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

$750K Fine for “Extreme” Criminal Negligence: “More Serious” than OHSA Offences, says Appeal Court in Metron Construction Fatality Case

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 […]

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

Employee did not have Duty to Intervene to Stop Fight: Court

Does an on-shift-employee have a duty to intervene to stop a fight between members of the public – or between […]

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

Mere Smell of Marijuana was not Enough: Employee was Entitled to Refuse Drug Test, says Court

An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

E-mails Sink Employer in Safety-Retaliation Case: “Carefully Chosen Ruse” Found

An employer’s internal e-mails showed that a “professional standards investigation” conducted on an employee was actually a retaliation for the […]

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

Employers Should Prohibit Texting While Driving: U.S. OSHA

Distracted driving, and in particular texting while driving, are important occupational safety issues, and employers need to act, the U.S. […]

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

Angry Confrontation of Employee by a Manager Could be Safety Issue: OLRB

In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted […]

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

Worker Guilty of Obstructing MOL Inspector by Refusing to Answer Questions

A worker who refused to answer a Ministry of Labour inspector’s questions during an accident investigation has been found guilty […]

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

Bad-Faith Work Refusal Complaint to MOL Justified Discipline – Reinstatement Denied

The work refusal provisions of the Occupational Health and Safety Act should not be abused, an arbitrator has effectively held in […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

AODA’s Workplace Emergency Response Information Requirements Already in Force: Are you in Compliance?

Since January 1, 2012, Ontario employers have been obligated to provide “individualized workplace emergency response information to employees who have […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

“E-Learning” Safety Orientation Module Coming Soon in Ontario; Printed Copies of MOL Safety Orientation Materials Now Available

Worker safety orientation is expected to become mandatory in Ontario on January 1, 2014, as we have previously advised.  The […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Safety Violations Get 37-Year Employee Fired for Cause

We don’t often hear of 37-year employees being fired for just cause.  An arbitrator has recently upheld the dismissal of […]

By Adrian Miedema

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