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Safety Professionals – Practice Issues

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  • 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 Professionals - Practice Issues

Safety Professional was Unionized Position: Arbitrator

An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union […]

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
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety Professionals - Practice Issues

City Reasonably Relied on Engineer’s, Architect’s Stamp: OHSA Charge Dismissed in Wall Collapse Case

The City of Guelph acted reasonably when it relied on the stamped drawing of an architect and engineer as evidencing […]

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
  • Prosecutions / Charges
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Fear of Personal OHSA Liability Caused Employee’s Anxiety Disorder: Human Rights Tribunal

Supervisors and safety professionals have often told me that they fear being personally charged under the Occupational Health and Safety […]

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

Alleged Sexist Comments at OLRB Safety-Reprisal Mediation were Privileged, Could not Form Basis For Discrimination Complaint

An alleged comment that “women don’t like to do that job”, and other discussions at an Ontario Labour Relations Board […]

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

Safety and HR Consultants Beware: Unlicensed Private Investigator Convicted

Health and safety and human resource consultants who conduct investigations or retain outside experts to do so, should pay attention to a […]

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

Workplace Violence and Harassment Top MOL Orders in Blitz

Workplace violence and harassment was the most common category of compliance orders made by Ontario Ministry of Labour inspectors in […]

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

Despite Possible OHSA Charges, Employer’s Appeal of MOL Inspector’s Order May Proceed

An employer’s appeal of a Ministry of Labour inspector’s compliance orders may proceed, despite the inspector’s ongoing investigation into possible […]

By Adrian Miedema

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