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When is an MOL Notice of Workplace Accident Required? Ontario Court of Appeal Clarifies

Many Ontario employers will be relieved by an Ontario appeal decision that clarifies – and limits – the obligation to […]

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

Once is Enough: OLRB Dismisses Safety Reprisal Complaint Already Resolved by Arbitrator

Employers sometimes despair over employees who file multiple claims over the same issue.  The Ontario Labour Relations Board has decided […]

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

Constant Supervision not Required by OHSA: Ontario Court

The Occupational Health and Safety Act does not require that workers be “contemporaneously supervised at all times”, an Ontario appeal […]

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

Reinstatement, Full Back Pay for Employee Fired after Work Refusal

The Ontario Labour Relations Board has reinstated an employee who was fired shortly after he engaged in a work refusal […]

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

Engineer’s Report Must Use “Not Likely to Endanger” Language of OHSA: OLRB

An engineer’s inspection report must use the specific language “not likely to endanger a worker” in order to comply with […]

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

Construction Contract Clear: Government was Owner but not Constructor

Where a 143-page contract made clear that a contractor was the “constructor” under health and safety legislation, the Yukon government, […]

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

Struggling with How to Comply with Safety Compliance Order? MOL Inspector Need not Help: OLRB

An employer struggling with how to comply with a Ministry of Labour inspector’s safety compliance order cannot expect the MOL […]

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

Employer May Not Delegate Authority over Safety to Joint Health and Safety Committee: Arbitrator

An Ontario arbitrator has held, in dismissing a union grievance, that it would be illegal for an employer to delegate […]

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

“Toning Footwear” Improperly Banned by Employer for Safety Reasons: Arbitrator

A British Columbia arbitrator has held that an employer violated its collective agreement by banning the wearing of “Toning Footwear” […]

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

Should Appeals of Safety Compliance Orders be Stayed While Charges are Outstanding?

A recent Ontario Labour Relations Board decision suggests that employers’ appeals of Ministry of Labour compliance orders should not proceed […]

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

CSA Safety Training Standard Coming in 2013

Employers sometimes struggle to understand the scope of training required by occupational health and safety legislation.  The CSA Group is […]

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

Employee Dismissed After His Psychiatrist Discloses Workplace Violence Threat Made in Treatment Session

In an unusual case, a psychiatrist has decided to disclose, to an employee’s employer and the police, a threat made […]

By Adrian Miedema

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