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Canadian Occupational Health & Safety Law

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Canadian Occupational Health & Safety Law

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Safety Professionals – Practice Issues

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Contractor loses lawsuit against city for alleged breaches of OHSA’s asbestos-disclosure rules

A construction contractor has lost its bid for damages from a city, relying on a little-used section of the Ontario […]

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

MOL’s incident-reporting training Order to mining company not suspended

A Ministry of Labour compliance Order issued against a mining company for allegedly failing to report an “uncontrolled fall of […]

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

Death of visitor leads to employer’s conviction, $100,000 fine under OHSA

This case is a reminder that injuries to non-employees can lead to Occupational Health and Safety Act convictions and fines […]

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

July 1, 2016: All Ontario employers must comply with new noise regulation

As of July 1, 2016, all Ontario employers will be required to comply with a new workplace noise Regulation under […]

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

Does your safety policy require an accident investigation? Court suggests investigation file may not be litigation privileged

An Alberta judge has suggested that if a workplace safety policy or program requires that certain accidents be investigated, then […]

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

Worker’s fainting at sight of his own blood was “work-related”: U.S. OSHA

We all know people who get light-headed at the sight of blood.  The U.S. Occupational Safety and Health Administration (OSHA) […]

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

Doctor’s note prescribing “no overtime” was obtained due to labour tensions, not employee’s health: three-day suspension imposed

An employee who obtained a doctor’s note to justify his desire not to work overtime during a labour dispute, deserved […]

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

Alcoholic employee reinstated after employer’s compassionate approach put in question seriousness of previous warnings

There is an old, and somewhat cynical saying, that no good deed goes unpunished. While I personally disagree with that […]

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

Lawyer’s harassment investigation report was not solicitor-client or litigation privileged: union entitled to a copy, says arbitrator

The mere fact that a lawyer prepared an investigation report does not make it privileged, a labour arbitrator has held, […]

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

Safety contractor wins appeal of $1,000 administrative penalty under OHSA

Don’t be seen to cause a traffic jam that inconveniences a government health and safety officer.  Perhaps that is the […]

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

OLRB orders employer to reinstate apartment building superintendent allegedly fired for reporting workplace violence

The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that […]

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

Can provincial OHSA legislation apply across borders? Ontario OHSA protects employee for safety concerns raised while temporarily in B.C., OLRB decides

The question often arises as to whether occupational health and safety legislation in an employee’s home province protects him or […]

By Adrian Miedema

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