Adrian Miedema

Adrian Miedema

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Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them. Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to...more

7/30/2014 - Canada Employer Liability Issues New Legislation Temporary Employees Workplace Injury

$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations

A nurse’s trip over a cord has landed a hospital a $50,000 fine, where the joint health and safety committee had previously documented cord trips as a known hazard. The nurse was administering medication to a patient. ...more

6/19/2014 - Employer Liability Issues Workplace Injury

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

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

4/10/2014 - Employer Liability Issues OSHA Workplace Injury Wrongful Death

$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

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

Employer Did Not Discourage Workers From Reporting Accidents To WSIB: WSIAT

A worker who delayed reporting an alleged workplace accident has claimed that his employer discouraged employees from reporting, but the Ontario Workplace Safety and Insurance Appeals Tribunal has rejected that claim. The...more

11/29/2013 - Canada Reporting Requirements Workplace Injury WSIA WSIB

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

Arbitrator May Not Award Damages For Workplace Injury Where Worker Entitled To WSIB Benefits

An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided. ...more

9/26/2013 - Arbitration Arbitration Awards Arbitrators Canada Employee Benefits Workplace Injury WSIB

OHSA Charges May Proceed Against Insolvent Company In CCAA Proceedings: Court

Occupational Health and Safety Act charges could proceed against an insolvent company even though it had obtained protection from its creditors under the Companies’ Creditors Arrangement Act (“CCAA”), an Ontario judge has...more

9/17/2013 - CCAA OSHA Workplace Injury

$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

Fear Of Personal OHSA Liability Caused Employee’s Anxiety Disorder: Human Rights Tribunal

Supervisors and safety professionals have often told me that they fear being personally charged under the Occupational Health and Safety Act. Now, a human rights tribunal has decided that an employee’s generalized anxiety...more

4/3/2013 - Canada OHSA Workplace Injury

Supervisor’s OHSA Violation Grounds Criminal Negligence Charge

A supervisor’s violation of the Occupational Health and Safety Act can ground a criminal negligence charge against him, an Ontario preliminary inquiry judge has decided, sending the criminal charges to trial. We reported on...more

3/12/2013 - Criminal Negligence Safety Precautions Workplace Injury

Safety Manual “Lacking In Efficiency” – Employer Convicted Under OHSA

An Ontario justice of the peace has held that an employer’s safety manual was defective, and has convicted the employer of four charges under the Occupational Health and Safety Act....more

3/8/2013 - Employee Handbooks OSHA Safety Manuals Safety Precautions Workplace Injury

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

Criminal Negligence Trial Against Ship’s Navigation Officer Begins

The CBC is reporting that the criminal negligence trial of Karl Lilgert, Navigation Officer of the ferry, Queen of the North, has commenced in Vancouver....more

1/22/2013 - Criminal Negligence Workplace Injury Wrongful Death

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