Adrian Miedema

Adrian Miedema


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Business owner facing criminal and provincial charges in workplace death

Both the RCMP and provincial health and safety officials have laid charges against an owner of a body shop in Dartmouth, Nova Scotia after a worker died. The worker was killed when the vehicle he was working on caught...more

9/17/2015 - Compliance Criminal Negligence OHSA Royal Canadian Mounted Police Workplace Hazards Workplace Injury Workplace Safety Wrongful Death

U.S. construction companies and manager face fines of nearly $2 million for exposing workers to asbestos

The U.S. Occupational Safety and Health Administration (OHSA) has cited a construction company and its manager for asbestos-related violations and imposed fines of almost $2 million.  Safety regulators are increasingly taking...more

8/25/2015 - Asbestos Asbestos Litigation Construction Industry Foreign Workers OSHA Safety Inspections Workplace Hazards Wrongful Termination

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

“Creative sentence” imposed for OHSA violation: company must give 150 hours of safety presentations on case, plus pay fine

A Nova Scotia court has imposed a “creative sentence” for a violation of the Occupational Health and Safety Act, requiring the company to make safety presentations in addition to paying a fine. A journeyman electrician...more

6/23/2015 - Canada Corporate Fines OHSA Training Requirements Workplace Hazards Workplace Injury

Cost of compliance with safety officer’s order could cause serious economic harm to company: Appeals Tribunal

A safety officer’s compliance order has been suspended where the cost of compliance would be so high that it could cause serious economic harm to the company. The company performed stevedoring and terminal handling of...more

6/3/2015 - Canada OHSA Ports Workplace Hazards Workplace Safety

Even “inspecting” equipment is “working on it”: employer guilty of OHSA charge where employees had not even started maintenance...

A maintenance electrician had “worked on” a stuck shipping door when he simply “inspected” it, even though he had not actually performed maintenance on it, a court has ruled. He was injured when the door fell on him. The...more

4/24/2015 - Canada Employer Liability Issues OHSA Workplace Hazards

Supervisor fined after workers exposed to asbestos dust

A supervisor with an asbestos abatement company, and his employer, have pleaded guilty to charges under the Occupational Health and Safety Act and were fined, after workers were exposed to asbestos dust on a job site....more

1/29/2015 - Asbestos Canada Employer Liability Issues Enforcement Actions OHSA Workplace Hazards

“Zero tolerance”, automatic suspension approach to safety violations criticized, written warning substituted

Employers are increasingly taking a “zero tolerance” approach in which a minimum level of discipline – whether a suspension or dismissal – is imposed for certain serious safety violations. In a recent case, an arbitrator...more

12/1/2014 - Canada OHSA Workplace Hazards Workplace Safety

Ontario MOL consulting on extending noise protection to all Ontario workers

The Ontario Ministry of Labour is proposing that all Ontario workers be protected from excess noise in the workplace. Currently, the regulations for Industrial Establishments, Mines and Mining Plants and Oil and...more

11/19/2014 - Ontario Labour Relations Board Workplace Hazards

Federal work refusals now require “imminent or serious threat”

Federal employers have a new definition of “danger” to apply, and an updated work refusal process to use, effective October 31, 2014. The federal government amended the definition of “danger” to, according to a...more

11/14/2014 - Canada Public Employees Public Employers Workplace Hazards

Failing to correct hazards, pay OSHA fines gets U.S. business owner taken into custody

An Illinois business owner has been taken into custody after his business failed to correct serious trenching hazards and pay Occupational Safety and Health Administration penalties. The case illustrates the personal risk to...more

11/12/2014 - Criminal Prosecution Employer Liability Issues OSHA Secretary of Labor Workplace Hazards

“Everyone just knew” was not a defence to OHSA charges: court

An employer’s assertion that “everyone just knew” the safety rules, was not a defence to charges under the Occupational Health and Safety Act, an Ontario court has held. The employer’s “casual, oral practice” – without a...more

5/29/2014 - Canada Employer Liability Issues Employment Policies OHSA Trucking Industry Workplace Hazards Workplace Safety

Professional Engineer With “Significant Safety Background” Who Sent “Abhorrent E-Mails”, Loses Safety-Retaliation Case

A professional engineer who engaged in an “over the top, aggressive” argument with an established member of management, has lost his safety-retaliation case at the Ontario Labour Relations Board....more

5/9/2014 - Email Hiring & Firing Retaliation Workplace Hazards

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

Real Estate Project Management Firm Fined $100,000 In Workplace Fatality

The death of one of its subcontractor’s employees has resulted in a $100,000 fine to a real estate project management firm....more

2/20/2014 - Subcontractors Workplace Hazards Workplace Injury Wrongful Death

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

Supervisor Jailed Under OHSA After Lying To MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...more

1/8/2014 - Canada Lying OSHA Supervisors Workplace Hazards Workplace Injury Wrongful Death

OLRB Has No Authority To Order Government Investigation Of Safety-Reprisal Complaint

The Ontario Labour Relations Board has held that it has no authority to order the Ontario Ministry of Labour to conduct an investigation into an employee’s safety-reprisal complaint, nor could the OLRB base its decision on...more

11/19/2013 - Canada Investigations OLRB Safety Violations Workplace Hazards

$750K Fine For “Extreme” Criminal Negligence: “More Serious” Than OHSA Offences, Says Appeal Court In Metron Construction Fatality...

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more

9/11/2013 - Canada Construction Accidents Construction Workers Criminal Negligence Fines OSHA Punitive Damages Safety Precautions Workplace Hazards Workplace Injury Wrongful Death

$410,000 In Fines In Non-Fatal Accident At Plastics Company

An Ontario court has handed down near-the-top-of-the-range fines in an industrial accident that resulted in non-fatal injuries....more

8/8/2013 - Bodily Injury Fines Manufacturers Workplace Hazards Workplace Injury

Supplier Facing OHSA Charges Alleging That Machine Unsafe

We don’t often hear of Occupational Health and Safety Act charges against suppliers alleging that their machines or equipment were unsafe for use in workplaces....more

4/10/2013 - Canada OHSA Suppliers Workplace Hazards 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

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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