For Lawyers | Log In | Join | Upload
WORKING... advanced
Adrian Miedema

Adrian Miedema

Dentons


Latest Publications

Share:

Employers Should Prohibit Texting While Driving: U.S. OSHA

Distracted driving, and in particular texting while driving, are important occupational safety issues, and employers need to act, the U.S. Occupational Safety and Health Administration says in a new brochure called...more

5/16/2013 - Canada Distracted Driving OHSA Texting

Self Described “Happy Drunk” With Sleep Apnea Was Not Disabled: Adjudicator

“Not every ailment amounts to a disability”, an adjudicator has held, in dismissing an employee’s grievance. Employers who often wonder what types of ailments or conditions amount to “disabilities” will find this decision...more

5/14/2013 - Canada Disability Discrimination Discrimination

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 bargaining unit....more

5/9/2013 - Arbitration Canada Safety Precautions Unions

Angry Confrontation Of Employee By A Manager Could Be Safety Issue: OLRB

In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted an employee to advance her claim that the employer violated the Occupational Health and Safety Act when it fired...more

5/7/2013 - Canada Hiring & Firing OHSA Safety Precautions Termination

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 of obstructing the inspector....more

5/2/2013 - Canada Inspections Ministry of Labour OHSA

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 overturning an employee’s dismissal but refusing reinstatement....more

4/30/2013 - Arbitration Canada Hiring & Firing OHSA Reinstatement

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 compliance with all legal requirements, an Ontario judge has held in dismissing an Occupational Health and...more

4/25/2013 - Canada OHSA Safety Precautions

“Ten Times The Effort” To Manage Employee’s Absenteeism, Addictions: Dismissal Upheld

An employee with a long history of substance abuse issues and absenteeism was properly dismissed after he attended at work while impaired, an Ontario arbitrator has decided....more

4/23/2013 - Canada Drug & Alcohol Abuse Duty to Accommodate Hiring & Firing Termination

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 a disability, if the disability is such that the individualized...more

4/18/2013 - Canada Disability Emergency Response Integrated Accessibility Standards OHSA

“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 Ontario Ministry of Labour is developing an e-learning module that workers and supervisors can take...more

4/16/2013 - Canada E-Learning OHSA Safety Precautions Safety Training

Safety Violations Get 37-Year Employee Fired For Cause

We don’t often hear of 37-year employees being fired for just cause. An arbitrator has recently upheld the dismissal of a long-service unionized employee for safety violations....more

4/15/2013 - Canada Hiring & Firing OHSA Safety Precautions Safety Violations Unions

Supplier Facing OHSA Charges Alleging That Machine Unsafe

We don’t often hear of Occupational Health and Safety Act charges against suppliers alleging that their machines or equipment were unsafe for use in workplaces....more

4/10/2013 - Canada OHSA Suppliers Workplace Hazards Workplace Injury

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 Act. Now, a human rights tribunal has decided that an employee’s generalized anxiety...more

4/3/2013 - Canada OHSA Workplace Injury

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 safety-reprisal mediation, were privileged and could not form the basis for a discrimination complaint, the...more

4/1/2013 - Canada Discrimination Gender Discrimination Privileged Testimony Remediation

Court Dismisses Safety-Reprisal Complaint Related To Family Dispute

An employee who claimed that he was dismissed after sharing his concerns about the well-being of himself and his children and the “lifestyle of their mother”, has been denied a remedy under the safety-reprisal provisions of...more

3/27/2013 - Canada Hiring & Firing Retaliation Safety Precautions Termination

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 court decision in which an Ontario man was convicted of acting as a private...more

3/21/2013 - Canada Licenses Private Investigators

Employee Jailed For Accepting Bribe

An employee of a drive test centre has been jailed for accepting a bribe from a driving instructor, who has also been jailed....more

3/20/2013 - Bribery Canada

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 a recent compliance blitz in the manufacturing sector....more

3/19/2013 - Canada Harassment OHSA Workplace Violence

Managers File Complaints About Employees’ Offensive Blog Posts, But Remedy Denied

Usually employees complain about their managers, not the other way around. In an interesting case, a group of managers, who complained that their workplace had been poisoned by the employer’s inaction in the face of...more

3/14/2013 - Anti-Harassment Policies Blogs Canada Harassment Managers

Supervisor’s OHSA Violation Grounds Criminal Negligence Charge

A supervisor’s violation of the Occupational Health and Safety Act can ground a criminal negligence charge against him, an Ontario preliminary inquiry judge has decided, sending the criminal charges to trial. We reported on...more

3/12/2013 - Criminal Negligence Safety Precautions Workplace Injury

Safety Manual “Lacking In Efficiency” – Employer Convicted Under OHSA

An Ontario justice of the peace has held that an employer’s safety manual was defective, and has convicted the employer of four charges under the Occupational Health and Safety Act....more

3/8/2013 - OSHA Safety Manuals Safety Precautions Workplace Injury

Unsafe-Truck Complaint Gets Probationary Employee Fired – And Damages For Safety-Reprisal

An Ontario employer has been ordered to pay 24 weeks’ wages to a 12-week probationary employee who was fired after complaining about numerous safety issues with a company truck he was driving which hauled steel....more

3/7/2013 - Adverse Employment Action Hiring & Firing Safety Precautions Termination

Farm Employer Guilty: “Accident Waiting To Happen” In Case Of Sinking Trailer That Rose Again

A farm employer has been convicted of a charge under the Occupational Health and Safety Act where portable steps being used by the employer were “not even barely adequate”....more

3/1/2013 - Ministry of Labour OHSA Safety Precautions Workplace Injury

Supervisor Fined For Disturbing Accident Scene

An Ontario supervisor has been convicted and fined under the Occupational Health and Safety Act for disturbing an accident scene....more

2/28/2013 - Accident Scene Fines Investigations Ministry of Labour OHSA Workplace Injury

Supervisor’s Violation Of Lockout “Cardinal Rule” Did Not Justify Dismissal: Appeal Court

The Ontario Court of Appeal has upheld a trial judge’s decision that an employee’s violation of a lockout rule was not just cause for dismissal....more

2/21/2013 - Appeals Hiring & Firing Lockouts Safety Violations Termination

×

Expand Your Reach

JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...

Learn More  or  Schedule a demo