Adrian Miedema

Adrian Miedema

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“You’re kind of close to those wires”: excavator operator guilty of OHSA charges after hitting power line

An excavator operator has been found guilty of two Occupational Health and Safety Act charges after hitting a power line. The operator, who was working on a road construction project, was planning to load the excavator...more

11/22/2016 - Canada Construction Industry Construction Project OHSA Workplace Hazards Workplace Injury Workplace Safety

Three days in jail for owner of roofing business after trying to deceive MOL inspector

The owner of a roofing business has landed in jail for three days after trying to trick a Ministry of Labour inspector following a workplace accident. Three workers were working on a residential roofing project but the...more

11/9/2016 - Canada Criminal Prosecution Interference Claims Ministry of Labour Obstruction of Justice OHSA Safety Inspections Workplace Injury Workplace Safety

After accepting guilty plea, prosecutor cannot reargue trial court’s decision to exclude evidence of worker’s injury when setting...

The Ministry of Labour cannot reopen a Justice of the Peace’s decision to exclude evidence that a worker was injured, where the defendant company later pleaded guilty to Occupational Health and Safety Act charges and the...more

10/7/2016 - Bodily Injury Canada Evidence Fines Guilty Pleas Ministry of Labour OSHA Workplace Injury Workplace Safety

Safety topic was emphasized, not “buried in hundreds of power point slides”: employer establishes due diligence, not guilty in...

A Saskatchewan employer has been found not guilty of six occupational health and safety charges after a worker died of suffocation when he became engulfed in a grain receiving pit.  The employer’s extensive safety program had...more

9/26/2016 - Canada Dismissals Due Diligence Employee Training OHSA Workplace Hazards Workplace Injury Workplace Safety Wrongful Death

Supervisor’s OHSA conviction upheld on appeal: prosecutor not required to prove what “hazard” caused concrete worker’s death

A supervisor’s Occupational Health and Safety Act conviction of failing to sufficiently and competently supervise work has been upheld on appeal, after a concrete worker died. The supervisor operated and managed a...more

9/13/2016 - Appeals Canada Carbon Monixide Exposure Construction Industry Construction Project Employer Liability Issues OHSA Workplace Hazards Workplace Injury Workplace Safety Wrongful Death

OHSA conviction, $48,000 fine upheld on appeal: “blocking” of machine required physical block

An Ontario Appeal judge has upheld an employer’s conviction under the Occupational Health and Safety Act for failure to “block” a machine, after the trial justice held that “blocking” required a physical block, not simply...more

9/7/2016 - Appeals Bodily Injury Canada OHSA Workplace Injury Workplace Safety

“Reputable and responsible” owner / operator guilty of OHSA charge after drill rig collapse at York University

After a dramatic and tragic incident in which a large drill rig fell over at York University, fatally injuring a backhoe operator and badly injuring an excavator operator, the company that owned and operated the rig has been...more

8/30/2016 - Canada Construction Industry Construction Project Ministry of Labour OHSA Workplace Injury Workplace Safety Wrongful Death

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

Australian employee wins workers compensation benefits after coworker takes covert photographs of her

An Australian employee has won her bid for workers’ compensation benefits for psychological injury after she learned that a coworker had taken covert photographs of her....more

6/2/2016 - Australia Photographs Psychological Injuries Workers' Compensation Claim Workplace Injury

Vague OHSA charges must be clarified: court orders prosecutor to provide particulars of charge

A judge has ordered a prosecutor to provide “particulars” of a vague charge under the Nova Scotia Occupational Health and Safety Act, so the constructor could understand the charge against it....more

5/31/2016 - Canada Construction Industry OSHA Workplace Hazards Workplace Injury 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

Shot at in parking lot, employee awarded $5,000 in damages from employer despite WSIB coverage

A labour arbitrator has awarded a unionized employee $5,000.00 in damages from his employer – despite the fact that the employer was registered with the Workplace Safety and Insurance Board....more

4/22/2016 - Arbitration Canada Mass Shootings Workplace Injury Workplace Safety Workplace Safety and Insurance Act (WSIA) Workplace Violence WSIB

U.S. OSHA’s “severe injury” statistics broken out by industry

The U.S. Occupational Safety and Health Administration has produced a “year one” impact-evaluation report on its Severe Injury Reporting Program. Effective January 1, 2015, U.S. employers have been required to report to...more

4/19/2016 - Construction Industry Employer Liability Issues Manufacturers OSHA Workplace Hazards Workplace Injury 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

Waiver was unenforceable under WSIA, employee entitled to sue employer after workplace injury

An Ontario employee has won the right to sue his employer for damages for an injury suffered at work.  An appeal court decided that a waiver he signed was, due to provisions in the Ontario Workplace Safety and Insurance Act,...more

2/16/2016 - Canada Negligence Waivers Workplace Injury Workplace Safety WSIA

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

Summary of judge’s reasons for giving Kazenelson, “unquestionably a person of good character”, a 3 1/2 year jail sentence for...

The judge’s reasons for sending Metron Construction’s project manager, Vadim Kazenelson, to jail for criminal negligence are now available. In our post of January 11th, we reported that the judge had sentenced Mr....more

1/14/2016 - Canada Criminal Investigations Criminal Negligence Workplace Injury Workplace Safety

Worker’s fainting at sight of his own blood was “work-related”: U.S. OSHA

We all know people who get light-headed at the sight of blood.  The U.S. Occupational Safety and Health Administration (OSHA) has issued an interpretation letter, advising that an incident in which a worker fainted at the...more

11/30/2015 - OSHA Workplace Injury Workplace Safety

Post-accident remedial measures were a “small bit of common-sense engineering”, relevant evidence in finding company guilty of...

An employer’s post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the Occupational Health and Safety Act at the time of the accident, an Alberta judge has held....more

10/23/2015 - Canada OHSA Workplace Hazards Workplace Injury Workplace Safety

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

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

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

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