Adrian Miedema

Adrian Miedema

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Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court....more

7/7/2016 - Canada Construction Industry Construction Project Discovery Evidence Ministry of Labour OHSA Workplace Injury Workplace Safety Wrongful Death

Ontario MOL consulting on new mandatory construction hazard awareness training

The Ontario Ministry of Labour is proposing to require all construction employers to ensure that their workers complete a new “construction hazard awareness training” program. This training program would be an add-on,...more

5/24/2016 - Construction Industry Employee Training Ministry of Labour Ontario Workplace Hazards Workplace Safety

City wins suspension of MOL inspector’s “constructor” order

A city has won a suspension of a Ministry of Labour inspector’s decision that the city was a “constructor” under the Ontario Occupational Health and Safety Act on a watermain-improvement project....more

5/19/2016 - Canada Construction Industry Construction Project Critical Infrastructure Sectors Federal Contractors Ministry of Labour OHSA Safety Inspections Workplace Safety

Ontario MOL now posting “de-identified” information on fatalities online, even before OHSA charges laid

Ontario workplace fatalities could now result in a “de-identified” posting on the Ministry of Labour’s website, even before Occupational Health and Safety Act charges are laid. The postings provide a brief description of the...more

4/5/2016 - Canada Ministry of Labour OHSA Websites Workplace Injury Workplace Safety Wrongful Death

Contractor jailed for 30 days, fined $45,000 after serious asbestos violations

Every now and then a case comes along to remind us that violators of occupational health and safety legislation can be sent to jail. Mind you, this case involved not only serious safety violations, but also deceit and...more

1/19/2016 - Asbestos Canada Ministry of Labour OHSA Workplace Hazards

Judge chides employer that countersued against employee for making allegedly “false” safety complaint to Ministry of Labour

Courts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims Court deputy judge has stated. An employee, who worked for an electrical contractor...more

12/8/2015 - Anti-Retaliation Provisions Canada Ministry of Labour Safety Inspections

OHSA charges dismissed against tourist resort in boating fatality

An Ontario court has dismissed two charges under the Occupational Health and Safety Act against a tourist resort after the Ministry of Labour failed to prove its case. The charges followed an incident in 2012 in which...more

12/4/2015 - Canada Dismissals Hospitality Industry Ministry of Labour OHSA Wrongful Death

Two superintendents fined for OHSA violations in scissor lift fatality

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. The accident...more

8/13/2015 - Fines Heavy Equipment Ministry of Labour OHSA Workplace Injury Wrongful Death

MOL engineer not qualified to give expert evidence: he was too involved in the investigation, too closely identified with...

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

7/23/2015 - Construction Industry Expert Testimony Ministry of Labour OHSA Ontario Workplace Injury Wrongful Death

FOI adjudicator denies access to MOL inspector’s reasons for recommending no OHSA charges against employer

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

7/17/2015 - Investigations Migrant Workers Ministry of Labour OHSA Ontario Public Records Workplace Safety

Project Manager for Metron Construction convicted of criminal negligence in Christmas Eve fatalities. Three individuals and two...

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

6/26/2015 - Construction Industry Criminal Code Criminal Negligence Ministry of Labour OHSA Ontario Workplace Hazards Workplace Injury Workplace Safety

Ontario MOL Releases 2015-16 Safety Inspection Blitz Schedule

The Ontario Ministry of Labour has released its schedule of workplace inspection blitzes for the period from May 2015 to March 2016. The schedule gives employers advance notice of what MOL inspectors will look for when they...more

5/19/2015 - Canada Construction Cranes Construction Industry Employer Liability Issues Heavy Equipment Mining Ministry of Labour OHSA Safety Inspections

Injured Worker’s Act was Not Foreseeable: OHSA Charges Against Employer Dismissed

Recently, an Ontario court dismissed Occupational Health and Safety Act charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The worker used an overhead crane to rotate a...more

5/8/2015 - Canada Construction Cranes Due Diligence Ministry of Labour Ontario OSHA Workplace Injury

Company owner convicted, fined under OHSA for providing false information, failing to co-operate with MOL inspector

A widely-reported fire at a Kingston construction site that required the evacuation of a crane operator by helicopter, has resulted in fines against the owner of the company that supplied the crane operator. To avoid the...more

5/5/2015 - Canada Construction Cranes Ministry of Labour OHSA

OHSA charges dismissed: not appropriate for MOL to charge under “general duty” clause where specific regulation addressed safety...

In dismissing Occupational Health and Safety Act charges against an employer arising out of a fatality, an Ontario court has held that it is not appropriate for the Ministry of Labour to charge under the “general duty clause”...more

2/10/2015 - Canada Ministry of Labour OHSA Wrongful Death

Employer Who Voluntarily Complied with MOL Inspector’s Orders Was Not Entitled to Suspension of Orders Pending Appeal

The Ontario Labour Relations Board has held that where an employer had complied with a Ministry of Labour inspector’s compliance orders under the Occupational Health and Safety Act, to the satisfaction of the MOL, the...more

1/27/2015 - Appeals Canada Employer Liability Issues Ministry of Labour OHSA

Where MOL Inspector Withdraws OHSA Compliance Order, OLRB Cannot Reinstate While Appeal Argued

Although an employer may appeal a Ministry of Labour inspector’s rescission (withdrawal) of a compliance order that he or she wrote to an employer under the Occupational Health and Safety Act, the Ontario Labour Relations...more

1/20/2015 - Canada Ministry of Labour OHSA

MOL safety blitz results show many new businesses non-compliant with basic requirements

The results of a recent Ontario Ministry of Labour safety blitz shows many new small businesses violate basic legal requirements such as posting a copy of the Occupational Health and Safety Act. And non-compliant employers...more

8/29/2014 - Canada Compliance Employee Rights Ministry of Labour

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee. The Ontario Occupational Health and Safety Act...more

8/20/2014 - Canada Ministry of Labour OHSA Safety Precautions Unions

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

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

When Is An MOL Notice Of Workplace Accident Required? Ontario Court Of Appeal Clarifies

Many Ontario employers will be relieved by an Ontario appeal decision that clarifies – and limits – the obligation to report workplace accidents to the Ontario Ministry of Labour. “[I]t is not part of the purpose and...more

2/11/2013 - Ministry of Labour OHSA Workplace Hazards Workplace Injury Workplace Violence

Work Refusal Process May Not Be Used To Challenge Employer’s Established Practices: OLRB

In a long-running and bitterly-fought case involving prison guards, the Ontario Labour Relations Board has held that the work refusal process under the Occupational Health and Safety Act may not be used to challenge existing...more

2/5/2013 - Ministry of Labour OHSA OLRB Prison Guards Safety Precautions

Ontario MOL’s Winter Safety Blitzes

Ontario Ministry of Labour inspectors are conducting a winter safety blitz looking for the following...more

1/22/2013 - Harassment Ministry of Labour Safety Laws Safety Precautions Workplace Hazards Workplace Violence

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