Adrian Miedema

Adrian Miedema

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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 Compliance Order 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 Notice of Accident 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 Refusal to Work 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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