Skip to content

Brought to you by

Dentons logo in black and white

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

MOL inspectors have the power to Order employers to produce documents, even if no contravention of OHSA has been found, OLRB decides

By Adrian Miedema
November 10, 2017
  • Caselaw Developments
  • Government Safety Investigations
  • Safety Professionals - Practice Issues
Share on Facebook Share on Twitter Share via email Share on LinkedIn

The Ontario Labour Relations Board has stated that Ministry of Labour inspectors have the power to require employers to provide documents to the MOL, even where the inspector has not found any contraventions of the Occupational Health and Safety Act.  

In the case in issue, the OLRB decided that a municipal fire service must give the MOL certain documents that an MOL inspector Ordered the fire service to provide.

The MOL received an anonymous complaint naming the fire service and raising concerns about training programs available to firefighters.  An MOL inspector visited the fire service and issued a “requirement” Order to provide certain documents including training records for the last two years for firefighters; standard operating guidelines and procedures; a training program flow chart; the professional development program; a report showing what training firefighters get before and after they are hired; and the post-incident analysis and review for all incidents in the past six months.

The fire service provided the training records and standard operating guidelines and procedures but did not provide the other  documents.  It appealed the MOL inspector’s Order to the OLRB and asked the OLRB to suspend the Order pending the result of the appeal.  It made a number of arguments including that the documents already provided to the MOL contained sufficient information for the inspector to assess the training complaint, and that some of the documents related to labour relations and not safety.

The OLRB refused to suspend the inspector’s Order to produce the documents, stating that section  54(1)(c) of the OHSA provides inspectors with broad rights to require the production of any number of documents, even without the inspector having found that the employer contravened the OHSA or regulations.  Also, the OLRB could not at this point determine whether suspending the Order would put any workers at risk.  As such, the inspector’s Order was not suspended and remained in effect.

The Corporation of the Municipality of Chatham-Kent v A Director under the Occupational Health and Safety Act, 2017 CanLII 74130 (ON LRB)

 

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
  • Safety - Risk Management

Worker entitled to sue coworker for failure to report absence of or defect in protective equipment: court

By Adrian Miedema
  • Caselaw Developments

Alberta Court of Appeal dismisses worker’s appeal in his 20+ year old case against a developer

The Alberta Court of Appeal has recently confirmed that an owner/developer of a condominium conversion project was not liable for […]

By Cristina Wendel
  • Caselaw Developments
  • Prosecutions / Charges

3 1/2 years in prison for Metron project manager, Kazenelson, after criminal negligence conviction

Vadim Kazenelson, the project manager for Metron Construction, was sentenced today to 3½ years in prison for criminal negligence. This is […]

By Adrian Miedema

About Dentons

Across over 80 countries, Dentons helps you grow, protect, operate and finance your organization by providing uniquely global and deeply local legal solutions. Polycentric, purpose-driven and committed to inclusion, diversity, equity and sustainability, we focus on what matters most to you. www.dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

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 in black and white

© 2023 Dentons

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