Adrian Miedema

Adrian Miedema

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MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

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

4/17/2014 - Canada OHSA Public Schools Safety Precautions Workplace Injury Workplace Violence

Corporate Director Fined Under OHSA In Safety Belt Case

A corporate director of a stucco company has been fined $3,000.00 under the Ontario Occupational Health and Safety Act for failing to ensure that workers used safety belts on elevated work platforms. ...more

4/15/2014 - Fines OHSA Workplace Safety

Three Months Until July 1 Training Deadline: Update On Ontario’s New Safety Awareness Training Requirement

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

4/4/2014 - Canada OHSA Safety Training

Federal Health And Safety Officer’s File Not Absolutely Privileged: Arbitrator

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

4/3/2014 - Arbitration Canada OHSA

Zero-Tolerance “Safety Absolute” Upheld: One Tie-Off Violation Gets Employee Fired For Cause

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

3/27/2014 - Canada OHSA Safety Precautions Termination Zero Tolerance Policies

Company Director Fined $8,500 After Swearing At MOL Safety Inspector, Making Threatening Gestures And Telling Inspector To Leave...

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

3/25/2014 - Canada OHSA Workplace Violence

Previous Environmental Convictions Considered In Jailing Of Supervisor For OHSA Offences: Court’s Reasons Now Available

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

3/18/2014 - Canada OHSA Personal Liability

$20,000 Fine After HR Staff, Supervisor Fail To Immediately Report Injury To MOL

An Ontario employer has been fined $20,000 for failing to report an injury to the Ministry of Labour, showing that employers need to educate their managers about the types of injuries that must be reported under the...more

3/13/2014 - Canada Fines Human Resources Professionals OHSA Professional Liability Workplace Injury

Supervisor Jailed 45 Days For Occupational Health And Safety Act Violation

An Ontario supervisor has been jailed for 45 days after a worker fell off a roof and suffered permanent paralysis. Are courts growing increasingly comfortable jailing supervisors for serious safety violations?...more

3/11/2014 - Canada OHSA Safety Violations Workplace Injury

Safety Committee Co-Chair Disciplined For Insubordination, Must Raise Matters In “Appropriate Forum”

A long-time co-chair of a plant safety committee has been disciplined after he confronted the employer in a “crew talk” meeting for failing to consult with the safety committee before implementing a new drug and alcohol...more

3/6/2014 - Canada Insubordination Policy OHSA

$75,000 Fine For Failing To Report Occupational Disease Claim

The Occupational Health and Safety Act obligation to notify the Ontario Ministry of Labour of accidents and occupational illness claims is not a mere technicality, as one employer has learned when it was hit with a $75,000.00...more

3/4/2014 - Canada Fines OHSA Reporting Requirements

July 1, 2014 Deadline To Comply With Ontario’s New Safety Awareness Training Requirements. Here Is What You Need To Do

The clock is ticking. All Ontario employers must provide their workers and supervisors with “basic occupational health and safety awareness training” by July 1st, 2014 or they will be in violation of a new regulation under...more

2/25/2014 - Canada OHSA Training

MOL Inpector Had Not “Pounced” After Putting Employer At Ease About Possible OHSA Charges: Court

An inspector’s alleged statement that, “our branch is different up here. I know in southern Ontario they fine, fine, fine. But we don’t do that here” was not a promise that he wouldn’t lay charges under the Occupational...more

2/18/2014 - Canada Compliance Inspections OHSA

Illegal For Harassment Program To Allow For “Preliminary Assessment”, Early Dismissal, Employee Arguing At OLRB

A provision in a harassment program allowing for a preliminary assessment of complaints, rather than an investigation, and for early dismissal, violates the Occupational Health and Safety Act, an employee is arguing before...more

2/13/2014 - Canada Harassment OHSA OLRB

$110,000 Fine Shows It’s Cheaper To Comply With Orders Than Disregard Them

I recently wrote about the cost of failing to report accidents or occupational disease claims to the Ministry of Labour. The cost of failing to comply with an inspector’s orders can be even higher....more

2/11/2014 - Canada Employment Policies Notice of Accident OHSA Reporting Requirements

Engineer Now Facing Both Criminal Negligence, OHSA Charges In Mall Collapse

Police have laid criminal negligence charges against a professional engineer in relation to the Elliot Lake mall collapse in June 2012. The charges against professional engineer Robert Wood are two counts of criminal...more

2/4/2014 - Bodily Injury Canada Construction Defects Criminal Negligence Faulty Workmanship OHSA Wrongful Death

July 1, 2014 Deadline To Provide Ontario’s New Safety Awareness Program To Employees (Your Current Program Is Probably Not Good...

The clock is ticking. All Ontario employers must provide their workers and supervisors with “basic occupational health and safety awareness training” by July 1st, or they will be in violation of a new regulation under the...more

1/9/2014 - Canada E-Learning Employer Mandates Hiring & Firing New Hires OHSA Safety Training Workplace Safety

Post-Accident Safety Fixes: An Admission Of Liability?

We are often asked whether post-accident fixes or improvements by an employer will be held against it if occupational health and safety charges are laid. For example, if an employer puts a guard on a machine after an employee...more

10/11/2013 - Canada OHSA Remedial Actions Safety Precautions Workplace Injury

Inspector’s Opinion Beat Engineer’s In Request To Suspend OHSA Compliance Order

The Ontario Labour Relations Board has deferred to the opinion of a Ministry of Labour inspector over that of an engineer in refusing to suspend a compliance order issued by the inspector under the Occupational Health and...more

10/3/2013 - Appeals Canada Compliance Order OHSA OLRB Safety Precautions

Record $1.050 Million Fine Under Ontario OHSA

An Ontario judge has imposed a $1,050,000 fine against Vale Canada Limited, the highest fine ever imposed under the Ontario Occupational Health and Safety Act. It appears that the previous record fine, handed down in 2010,...more

9/18/2013 - Canada Fines OHSA

“A Parking Lot Is Not Just A Parking Lot”: Scooter Accident Was WSIB Issue, Employee’s Lawsuit Barred

An employee’s motor scooter accident in her employer’s parking lot was a Workplace Safety and Insurance Board issue, so the employee was not entitled to sue the employer in the court, the Ontario Workplace Safety and...more

8/30/2013 - Canada Motorcycle Accidents OHSA Parking Lots Safety Precautions

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

Mere Smell Of Marijuana Was Not Enough: Employee Was Entitled To Refuse Drug Test, Says Court

An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the employee’s truck but had no other evidence of drug use or impairment, a Nova Scotia judge has held....more

6/7/2013 - Canada Drug Testing Hiring & Firing Marijuana OHSA

E-Mails Sink Employer In Safety-Retaliation Case: “Carefully Chosen Ruse” Found

An employer’s internal e-mails showed that a “professional standards investigation” conducted on an employee was actually a retaliation for the employee’s work refusal, an adjudicator has held, finding a violation of the...more

6/6/2013 - Canada CBSA Email Investigations OHSA Retaliation

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