Skip to content

Brought to you by

Dentons logo

Canadian Occupational Health & Safety Law

Keeping you current on OHS Laws and Developments in Canada.

open menu close menu

Canadian Occupational Health & Safety Law

  • Home
  • About Us

Loader operator entitled to remain in job despite accidents: insufficient warnings and training, decides arbitrator

By Adrian Miedema
May 9, 2017
  • Caselaw Developments
  • Safety - Risk Management
Share on Facebook Share on Twitter Share via email Share on LinkedIn

A labour arbitrator has ordered an employer to return an employee to his loader operator  position despite the employer’s objection that the employee had caused accidents.

The employee, who had almost 40 years of service including 15 as a loader operator, had been involved in eight incidents in which damage to the employer’s property occurred.  His incident rate of 1.2% was the highest amongst all of its yard loader operators.  After the eighth incident, the employer told him that he was disqualified from the loader operator position and was being transferred to the debarker position. The union grieved.

The arbitrator overturned the transfer. She noted that the employer’s evidence was that the employee had been “involved” in the eight incidents.  The most recent warning was five years before the incident, and only warned him to be more aware of the “whereabouts” of other vehicles, and two years earlier that damage to the employer’s property was not “acceptable”.  At no time was he warned or put on notice that he was viewed as a safety risk and that his employment as a loader operator was in jeopardy.

The arbitrator also noted the absence of evidence that employer provided the employee with training of any sort in an attempt to address performance concerns or assess ability to work safely. The evidence did not support the employer’s conclusion, drawn from the record of incidents, that the employee was no longer able to work safely in the yard loader operator position.

The arbitrator stated that she did not minimize the employer’s “very significant obligations to ensure that the workplace is safe, and to respond to safety issues”.  Based on the absence of warnings or training to address the safety concerns, however, she ordered the employer to reinstate the employee to the yard loader operator position.

Columbia Forest Products v United Steelworkers, Local 1-2010, 2017 CanLII 21145 (ON LA)

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

All posts Full bio

RELATED POSTS

  • 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
  • Amendments to Safety Laws
  • Safety - Risk Management

Mandatory Supervisory Safety Training Coming to Ontario: MOL Releases Draft Workbook and Employer Guide for Consultation

The Ontario Ministry of Labour has previously stated that it intends to pass a regulation requiring employers to provide safety […]

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

OLRB confirms 30-day hard-stop deadline for appealing Ontario MOL inspectors’ compliance orders

By Adrian Miedema

About Dentons

Dentons is designed to be different. As the world’s largest law firm with 20,000 professionals in over 200 locations in more than 80 countries, we can help you grow, protect, operate and finance your business. Our polycentric and purpose-driven approach, together with our commitment to inclusion, diversity, equity and ESG, ensures we challenge the status quo to stay focused on what matters most to you. www.dentons.com

Dentons boilerplate image

Twitter

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • COVID-19
  • General
  • Government Safety Investigations
  • International Standards
  • Occupational Health and Safety
  • Other Safety Developments
  • Prosecutions / Charges
  • Safety – Risk Management
  • Safety Professionals – Practice Issues
  • Violence and Harassment

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo

© 2023 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site