Adrian Miedema

Adrian Miedema

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Filed Late, Appeal Of Inpector’s Order Dismissed

A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders. The OLRB confirmed that that it had no authority to hear late-filed appeals....more

4/8/2014 - Canada OLRB

Three Months Until July 1 Training Deadline: Update On Ontario’s New Safety Awareness Training Requirement

Ontario employers have less than three months left to ensure that their workers and supervisors get “basic occupational health and safety awareness training” before the July 1, 2014 deadline....more

4/4/2014 - Canada OHSA Safety Training

Federal Health And Safety Officer’s File Not Absolutely Privileged: Arbitrator

A federal Health and Safety Officer’s file was not absolutely privileged, and a labour arbitrator may order parts of it produced to parties in an arbitration, an arbitrator has decided....more

4/3/2014 - Arbitration Canada OHSA

Failed To Register With WSIB? New “Voluntary Registration” Policy May Provide Mercy

Ontario’s Workplace Safety and Insurance Board has issued a new policy showing when the WSIB will punish – or show mercy to – employers that are required to register with the WSIB but have not done so....more

4/1/2014 - Canada Registration WSIB

Zero-Tolerance “Safety Absolute” Upheld: One Tie-Off Violation Gets Employee Fired For Cause

Zero-tolerance safety rules, often called “Life Saving Rules”, “Cardinal Safety Rules” or ”Safety Absolutes”, are becoming more common in industry. An arbitrator has now upheld the firing of a unionized employee for one...more

3/27/2014 - Canada OHSA Safety Precautions Termination Zero Tolerance Policies

Company Director Fined $8,500 After Swearing At MOL Safety Inspector, Making Threatening Gestures And Telling Inspector To Leave...

Corporate directors can be charged by the Ontario Ministry of Labour and fined under the Occupational Health and Safety Act. Threatening and swearing at a Ministry of Labour inspector certainly increases the odds of charges...more

3/25/2014 - Canada OHSA Workplace Violence

Previous Environmental Convictions Considered In Jailing Of Supervisor For OHSA Offences: Court’s Reasons Now Available

A supervisor’s previous violations of the Environmental Protection Act, and failure to pay more than $50,000 in fines for those violations, were a factor in the court’s decision to send her to jail for Occupational Health and...more

3/18/2014 - Canada OHSA Personal Liability

$20,000 Fine After HR Staff, Supervisor Fail To Immediately Report Injury To MOL

An Ontario employer has been fined $20,000 for failing to report an injury to the Ministry of Labour, showing that employers need to educate their managers about the types of injuries that must be reported under the...more

3/13/2014 - Canada Fines Human Resources Professionals OHSA Professional Liability Workplace Injury

Supervisor Jailed 45 Days For Occupational Health And Safety Act Violation

An Ontario supervisor has been jailed for 45 days after a worker fell off a roof and suffered permanent paralysis. Are courts growing increasingly comfortable jailing supervisors for serious safety violations?...more

3/11/2014 - Canada OHSA Safety Violations Workplace Injury

Safety Committee Co-Chair Disciplined For Insubordination, Must Raise Matters In “Appropriate Forum”

A long-time co-chair of a plant safety committee has been disciplined after he confronted the employer in a “crew talk” meeting for failing to consult with the safety committee before implementing a new drug and alcohol...more

3/6/2014 - Canada Insubordination Policy OHSA

$75,000 Fine For Failing To Report Occupational Disease Claim

The Occupational Health and Safety Act obligation to notify the Ontario Ministry of Labour of accidents and occupational illness claims is not a mere technicality, as one employer has learned when it was hit with a $75,000.00...more

3/4/2014 - Canada Fines OHSA Reporting Requirements

Class Action Proceeds Against MOL For “Negligent Inspection”

In a case that will be closely watched, an Ontario judge has permitted a class action lawsuit against the Ministry of Labour for “negligent inspection” of a workplace....more

2/27/2014 - Canada Class Action Inspections Negligence Negligent Inspection

July 1, 2014 Deadline To Comply With Ontario’s New Safety Awareness Training Requirements. Here Is What You Need To Do

The clock is ticking. All Ontario employers must provide their workers and supervisors with “basic occupational health and safety awareness training” by July 1st, 2014 or they will be in violation of a new regulation under...more

2/25/2014 - Canada OHSA Training

MOL Inpector Had Not “Pounced” After Putting Employer At Ease About Possible OHSA Charges: Court

An inspector’s alleged statement that, “our branch is different up here. I know in southern Ontario they fine, fine, fine. But we don’t do that here” was not a promise that he wouldn’t lay charges under the Occupational...more

2/18/2014 - Canada Compliance Inspections OHSA

Illegal For Harassment Program To Allow For “Preliminary Assessment”, Early Dismissal, Employee Arguing At OLRB

A provision in a harassment program allowing for a preliminary assessment of complaints, rather than an investigation, and for early dismissal, violates the Occupational Health and Safety Act, an employee is arguing before...more

2/13/2014 - Canada Harassment OHSA OLRB

$110,000 Fine Shows It’s Cheaper To Comply With Orders Than Disregard Them

I recently wrote about the cost of failing to report accidents or occupational disease claims to the Ministry of Labour. The cost of failing to comply with an inspector’s orders can be even higher....more

2/11/2014 - Canada Employment Policies Notice of Accident OHSA Reporting Requirements

Wave Of Harassment Cases Coming To OLRB? New Decisions Cause Concern

May an employee, unhappy with how he or she was treated after filing a harassment complaint with the employer, turn to the Ontario Labour Relations Board for a remedy? Up until recently, the answer appeared to be “no”. Two...more

2/7/2014 - Canada Harassment OLRB

Engineer Now Facing Both Criminal Negligence, OHSA Charges In Mall Collapse

Police have laid criminal negligence charges against a professional engineer in relation to the Elliot Lake mall collapse in June 2012. The charges against professional engineer Robert Wood are two counts of criminal...more

2/4/2014 - Bodily Injury Canada Construction Defects Criminal Negligence Faulty Workmanship OHSA Wrongful Death

Employer Should Have Fixed Safety Issue Before Accident, Not After: Safety Fix Did Not Merit Lower Fine

An employer’s corrective action taken after an accident did not entitle it to a reduced fine under the Occupational Health and Safety Act because the action should have been taken – and was legally-required – before the...more

1/28/2014 - Canada Employer Liability Issues OSHA Workplace Hazards Workplace Injury

July 1, 2014 Deadline To Provide Ontario’s New Safety Awareness Program To Employees (Your Current Program Is Probably Not Good...

The clock is ticking. All Ontario employers must provide their workers and supervisors with “basic occupational health and safety awareness training” by July 1st, or they will be in violation of a new regulation under the...more

1/9/2014 - Canada E-Learning Employer Mandates Hiring & Firing New Hires OHSA Safety Training Workplace Safety

Supervisor Jailed Under OHSA After Lying To MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...more

1/8/2014 - Canada Lying OSHA Supervisors Workplace Hazards Workplace Injury Wrongful Death

Employer Did Not Discourage Workers From Reporting Accidents To WSIB: WSIAT

A worker who delayed reporting an alleged workplace accident has claimed that his employer discouraged employees from reporting, but the Ontario Workplace Safety and Insurance Appeals Tribunal has rejected that claim. The...more

11/29/2013 - Canada Reporting Requirements Workplace Injury WSIA WSIB

Entire Vehicle Was A “Workplace” Under OHSA Even When Only Transporting Employees, Says OLRB

In a decision that affirms a broad definition of “workplace” under the Ontario Occupational Health and Safety Act, the Ontario Labour Relations Board has ruled that hydro trucks, including their aerial lift buckets, were...more

11/21/2013 - Canada DOL Employer Liability Issues OLRB OSHA

OLRB Has No Authority To Order Government Investigation Of Safety-Reprisal Complaint

The Ontario Labour Relations Board has held that it has no authority to order the Ontario Ministry of Labour to conduct an investigation into an employee’s safety-reprisal complaint, nor could the OLRB base its decision on...more

11/19/2013 - Canada Investigations OLRB Safety Violations Workplace Hazards

Attack On Co-Worker Who Warned Of Unsafe Behaviour Gets Employee 4 Years In Prison

An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years. CBC News reported that the employee was training a coworker on the use of heavy equipment, and that after the...more

11/14/2013 - Assault Canada Safety Precautions Sentencing Workplace Violence

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