Mere posting of standard operating procedure was not enough: OLRB refuses to suspend MOL inspector’s training order

Employers often post new procedures in the workplace without providing formal training.  A recent decision of the Ontario Labour Relations Board suggests that for some work procedures, posting is not enough; rather, training is required.

After a concern was expressed, a transit company updated its Standard Operating Procedure on how to handle a complete brake system pressure loss.  A Ministry of Labour inspector asked whether all affected employees have been trained on the updated procedure, which had been posted on information boards and video screens.  The employer’s response was that affected employees should read the information boards and video screens.

The inspector was apparently concerned that the employer could not prove that all affected employees were aware of the new procedure or how it was to be applied.  The inspector ordered the employer to “provide instruction and training” on “the hazards of vehicular traffic in the event of a complete brake system pressure loss in a bus”.

The employer appealed the order and argued that there was no suggestion that the employees did not understand the updated procedure or that they were not aware of it. As such, said the employer, the inspector’s order should be suspended pending the appeal.

The Ontario Labour Relations Board held that the failure to train or instruct on the updated procedure could endanger the safety of employees.  Further, the training did not put an onerous burden on the employee.  As such, the mere posting of the procedure was not enough, and the MOL inspector’s training order was not suspended.

London Transit Commission v Amalgamated Transit Union, 2014 CanLII 68423 (ON LRB)

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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.

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