Adrian Miedema

Adrian Miedema

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Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

4/10/2014 - Employer Liability Issues OSHA Workplace Injury Wrongful Death

OHS Consultant Loses OHS Reprisal Case

A health and safety consultant has lost his case against his employer, a health and safety association, in which he alleged that he had been retaliated against for raising safety issues....more

2/25/2014 - Employer Liability Issues OSHA Retaliation Safety Precautions Workplace Hazards

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

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

Harassed Employee’s Work Refusal Illegal: Court

An employee did not have a right under occupational health and safety legislation to refuse work due to harassment, a Nunavut judge has held....more

8/9/2013 - Canada Employee Rights Employer Liability Issues Harassment

Company Convicted Of OHSA Charges After Criminal Negligence Charges Withdrawn In Fatality

A crane rental company has been convicted of charges under the Occupational Health and Safety Act and fined, after criminal negligence charges against it were withdrawn....more

7/31/2013 - Canada Criminal Negligence Criminal Prosecution Employer Liability Issues OHSA

No Automatic OHSA Liability After Equipment-Failure Accident: Charge Dismissed Where Use Of Equipment Not “Likely”

Employers are not required to anticipate all safety hazards, however unforeseeable. A recent case illustrates this point. In a tragic accident, a worker died when a brace (which formed part of a makeshift winch used to...more

1/17/2013 - Employer Liability Issues Equipment Failure OHSA Safety Precautions Wrongful Death

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