A recent Ontario decision suggests that laypersons - such as supervisors – may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings.
In a “drug...more
A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act. The OHSA currently gives that protection to paid workers only.
The current definition of “worker” under the OHSA...more
After failing in a harassment grievance that was based on the Occupational Health and Safety Act, an employee has failed in his bid to persuade the Human Rights Tribunal of Ontario that safety-related discipline against him...more
An employee who was fired one day after complaining to the Ministry of Labour that she felt threatened by “disgruntled and aggressive clients” was entitled to damages for the retaliatory discharge, the Ontario Labour...more
Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse, and under what conditions, an Ontario arbitrator has decided....more
Disciplinary letters issued to three members of a safety “Policy Committee” were not retaliatory under the Canada Labour Code, the Canada Industrial Relations Board has decided.
Air Canada issued letters to three...more
The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits for “chronic stress” which he said resulted from a disciplinary letter that followed years of conflict over another workplace...more
An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act.
A young apprentice with the company was seriously...more
An employer’s assertion that “everyone just knew” the safety rules, was not a defence to charges under the Occupational Health and Safety Act, an Ontario court has held. The employer’s “casual, oral practice” – without a...more
Employees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the Occupational Health and Safety Act must be licensed paralegals, an Ontario judge has decided....more
An employee who lied to and misled her employer about her ability to perform her work as a reporter, was fired for just cause, and arbitrator has held.
The employee severely injured her ankle while skydiving “on...more
The Ontario Ministry of Labour has announced that new “JHSC Certification Training Standards” will come into effect in early 2015. In the meantime, the existing “Certification Standards for Joint Health and Safety...more
It’s not just courts that are increasing fines for safety offences. The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act....more
A driver’s failure to wear a seat belt, which is an offence under the Ontario Highway Traffic Act, is not an “absolute liability” offence. Rather, “due diligence” is an available defence, the Ontario Court of Appeal has...more
An Ontario construction worker has been fined $1,500.00 after jumping from a hoist tower to a nearby roof. Unfortunately for the worker, a Ministry of Labour inspector saw him do it. ...more
It was not “harassment” for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held....more
Ontario’s government has introduced a Bill that would result in harsher penalties for distracted driving.
The proposed amendments to the Highway Traffic Act would...more
A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more
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
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
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
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
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
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
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