Adrian Miedema

Adrian Miedema

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Unauthorized supervisor decided to “solve the problem himself”, caused accident – OHSA charges against company dismissed

An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions and took it upon himself to use a torch to thaw ice that had accumulated in a culvert....more

7/21/2016 - Canada OHSA Power Plants Safety Training Workplace Hazards Workplace Injury Workplace Safety

Delay in OHSA prosecution was not unreasonable: charges not stayed

Even though the case took more than two years to get to trial, an Ontario court has refused to halt a prosecution of a company under the Occupational Health and Safety Act. Charges were laid against a construction...more

7/12/2016 - Canada Canadian Charter of Rights and Freedoms Construction Industry Construction Project OHSA Supreme Court of Canada Workplace Injury Workplace Safety

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

Reverse burden of proof sinks no-show employer: OLRB awards more than $25,000 for safety-reprisal

An employer that failed to attend a safety-reprisal hearing has been ordered to pay two employees damages of more than $25,000.00. The employees filed an application with the Ontario Labour Relations Board claiming that...more

6/9/2016 - Canada Hiring & Firing OHSA OLRB Retaliation 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

$250,000 fine against school board may be largest-ever against not-for-profit organization in Ontario

A school board has been handed a $250,000 fine under the Ontario Occupational Health and Safety Act after the death of maintenance worker. The maintenance worker had been assigned the task of replacing a safety cage on a...more

5/10/2016 - Canada Charitable Organizations Fines OHSA School Bonds Workplace Injury Workplace Safety Wrongful Death

Electrical contractor fined $537,500 after death of resident from faulty electrical work

An electrical contractor has been hit with a huge fine after its faulty electrical work led to a resident’s death. The contractor had installed an in-floor heating system in the bathroom of a home. The resident, an...more

4/27/2016 - Canada Contractors Electricity Guilty Pleas Health and Safety OHSA Wrongful Death

Employee stopped production line “to be difficult”, not due to safety issue: work refusal not justified

An employee who shut down a production line allegedly because two other employees were fighting, was not exercising a proper work refusal under the Occupational Health and Safety Act, the Ontario Labour Relations Board has...more

4/14/2016 - Canada Hiring & Firing OHSA Ontario Labour Relations Board Workplace Safety Workplace Violence

Contractor loses lawsuit against city for alleged breaches of OHSA’s asbestos-disclosure rules

A construction contractor has lost its bid for damages from a city, relying on a little-used section of the Ontario Occupational Health and Safety Act that permits contractors to sue a building owner for damages for failing...more

4/12/2016 - Asbestos Canada Construction Industry Contractors Disclosure Requirements OHSA

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

Double (16-hour) shift was not prohibited by ESA or OHSA: arbitrator

A labour arbitrator has held that the practice of unionized long-term care home employees voluntarily working two 8-hour shifts in succession did not violate the Ontario Employment Standards Act or Occupational Health and...more

3/29/2016 - Arbitration Canada Employment Standards Act Long Term Care Facilities OHSA Wage and Hour Work Schedules

Work refusal was motivated by employee’s dislike of work assignment, not by safety: when full disciplinary record considered,...

An arbitrator has upheld the dismissal of an employee who tried to use the Occupational Health and Safety Act’s work refusal provisions to avoid undesired work assignments. The employee worked for the City of Hamilton...more

3/22/2016 - Arbitration Canada Hiring & Firing OHSA Work Suspensions Wrongful Termination

General contractor, not present on job site, was still responsible for subcontractor’s safety: labour board

A general contractor on a residential project was responsible for the safety of its subcontractors even though it was not on site at the time of an incident. The general contractor objected to two compliance orders...more

3/17/2016 - Canada Construction Industry General Contractors OHSA Safety Violations Workplace Safety

Teachers’ union fighting for right to refuse work due where students violent

A student’s violent acts in a classroom have led to a dispute about the circumstances in which teachers may engage in a work refusal for safety reasons. The student was described as having a “history of violent behavior”.  He...more

3/3/2016 - Canada Educational Institutions OHSA OLRB Students Teachers Workplace Safety Workplace Violence

MOL’s incident-reporting training Order to mining company not suspended

A Ministry of Labour compliance Order issued against a mining company for allegedly failing to report an “uncontrolled fall of ground” should not be suspended pending the outcome of the employer’s appeal of that Order, the...more

3/1/2016 - Mining OHSA Ontario Labour Relations Board Reporting Requirements Workplace Hazards Workplace Safety

Criminal negligence causing death charge against auto mechanic reinstated by appeal court

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a “significant...more

2/9/2016 - Canada Car Accident Criminal Negligence OHSA Product Defects Safety Inspections Wrongful Death

$5.3 million fine in Sunrise Propane case after joint prosecution under OHSA and EPA

Some cases illustrate very well the principle that “the more dangerous your operation, the more careful you must be”.  This case, involving a joint prosecution by the Ministry of Labour and Ministry of Environment, is one of...more

2/2/2016 - Canada Cleanup Doctrine Energy Sector Environmental Protection Act Fines OHSA Propane Workplace Safety

“Presumptive remedy” for retaliatory discharge under OHSA is reinstatement of employee, OLRB states

Where an employer fires an employee for raising safety concerns, the employee will generally be entitled to reinstatement, the Ontario Labour Relations Board has stated. The case involved a restaurant employee who sent...more

1/28/2016 - Canada Hiring & Firing OHSA Ontario Labour Relations Board Retaliation Wage and Hour

Ontario OHSA convictions, fines inch up in 2014/15, MOL field visits at 11-year low

While the number of field visits conducted by Ontario Ministry of Labour inspectors continued to decline in 2014/15, the number of convictions increased slightly, the Ontario Ministry of Labour’s “Occupational Health & Safety...more

1/26/2016 - Canada OHSA Safety Inspections Workplace Injury Workplace Safety

July 1, 2016: All Ontario employers must comply with new noise regulation

As of July 1, 2016, all Ontario employers will be required to comply with a new workplace noise Regulation under the Occupational Health and Safety Act. The new Regulation (381/15) replaces noise protection requirements...more

1/22/2016 - Amusement Parks Canada Mining New Regulations Noise Control Ordinances OHSA Oil & Gas

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

“Industry standard” is not always appropriate safety precaution, and MOL inspector’s “gut instinct” is not enough to ground...

A mining company has won a lengthy dispute with the Ontario Ministry of Labour after satisfying the Ontario Labour Relations Board that the applicable “industry standard” was not appropriate in the case at hand. The...more

1/7/2016 - Canada Inspections Mining OHSA OLRB Workplace Safety

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

HRTO settlement did not bar employment standards and OHSA complaints relating to time period after settlement

The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the Human Rights Tribunal of Ontario, barred the employee from advancing employment standards and health and...more

11/20/2015 - Canada Employment Standards Act OHSA Ontario Labour Relations Board Settlement

Employer ordered to reinstate labourer fired day after complaining about knee pain, safety issue

An employee has won a reinstatement order under the Occupational Health and Safety Act after the Ontario Labour Relations Board held that he was fired for raising safety issues. The employee complained to a company...more

11/12/2015 - Hiring & Firing OHSA Retaliation Workplace Safety Wrongful Termination

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