The defence of “officially induced error” is rarely used successfully, but in a recent Highway Traffic Act case, it won the day.
A company in the business of construction and snowplowing was charged under the Highway...more
As one employer learned recently, smoke-free workplace legislation has teeth. According to a Nunavut government press release, a government safety officer, in a workplace inspection, “observed evidence of smoking in the...more
Don’t be seen to cause a traffic jam that inconveniences a government health and safety officer. Perhaps that is the real moral of this story.
A safety contractor was providing traffic control services on the...more
Both the RCMP and provincial health and safety officials have laid charges against an owner of a body shop in Dartmouth, Nova Scotia after a worker died.
The worker was killed when the vehicle he was working on caught...more
The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that she was fired after reporting that her husband, the maintenance...more
An employee’s mental disability, unknown to his employer at the time of dismissal, played no role in the reason he was fired. He was fired because he made violent threats against coworkers, the Ontario Court of Appeal has...more
The question often arises as to whether occupational health and safety legislation in an employee’s home province protects him or her when temporarily working in another province. According to one recent Ontario Labour...more
A snowplow driver’s bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour Relations Board has decided.
Vehicle safety and safe road conduct were important to the...more
An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive personal matters at work.
The employee had worked at the company for 28...more
An interest arbitration board has imposed a 24-hour shift for firefighters employed by the Ontario City of St. Catharines, despite the city’s strenuous objections based largely on safety concerns.
The City and...more
The U.S. Occupational Safety and Health Administration (OHSA) has cited a construction company and its manager for asbestos-related violations and imposed fines of almost $2 million. Safety regulators are increasingly taking...more
Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after a worker died when a scissor lift was knocked over by a garage door.
Unsafe operation of equipment is an easy way to get dismissed or charged with Occupational Health and Safety Act – or sometimes even criminal – offences. A labour arbitrator has upheld the dismissal of a mining employee for...more
An employee who smoked marijuana on the job without legal and medical authorization was not discriminated against when dismissed under his employer’s “zero tolerance” policy, the British Columbia Human Rights Tribunal has...more
An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as an expert in a health and safety prosecution.
A company was charged under the Occupational Health...more
An adjudicator with the office of Ontario’s Information and Privacy Commissioner has denied access to a Ministry of Labour inspector’s reasons for recommending that Occupational Health and Safety Act charges not be laid...more
Even though an employee “won” his safety-retaliation case under the Occupational Health and Safety Act after his employer failed to file a Response, the employee’s damages were reduced because his job search was shoddy....more
Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a reprisal / retaliation claim under the Occupational Health and Safety Act, a labour arbitrator has...more
An employer’s introduction of a new two-page sick leave medical form did not violate the collective agreement, a labour arbitrator has held.
The employer introduced the form in response to the increasing costs of...more
Starting in January 2015, the employer – which manufactured wire and cable products – banned smoking anywhere on company property, including outside of the plant. Employees were also prohibited from leaving company property...more
The project manager who supervised the four workers who died after a swing stage scaffold collapsed on Christmas Eve, 2009, has been found guilty on four counts of criminal negligence causing death and one count of criminal...more
A Nova Scotia court has imposed a “creative sentence” for a violation of the Occupational Health and Safety Act, requiring the company to make safety presentations in addition to paying a fine.
A journeyman electrician...more
An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation.
The union had filed...more
Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they will “continue their partnership” to “align United States and Canadian regulatory approaches regarding labelling and...more
The Ontario government has introduced legislation that will, among other things, quintuple the maximum fine against corporations for violating the Workplace Safety & Insurance Act, Ontario’s workers’ compensation act....more