Adrian Miedema

Adrian Miedema

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Company that “met or exceeded many industry standards in its operations” still found guilty of OHSA charges

Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court decision shows. A roofing company was charged with two offences under the Ontario Occupational...more

4/15/2015 - Canada Construction Industry Construction Site Construction Workers OHSA Workplace Injury Workplace Safety

Aggravated damages awarded under OHSA for retaliatory firing

An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues. The employee worked at a hair salon. She suffered an injury at work as a...more

3/31/2015 - Adverse Employment Action Aggravated Damages Canada OHSA Retaliation Workplace Injury

“Flagrant disregard” of OHSA, failure to report, gets construction company convicted on 5 OHSA charges

A construction company that tried to blame a worker’s fall on his untied boots, has been found guilty of all 5 charges against it under Saskatchewan’s The Occupational Health and Safety Act. The 18-year-old worker, who had...more

3/19/2015 - Canada Construction Industry Construction Project Construction Workers Employer Liability Issues OHSA Workplace Injury

OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove

A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that the Crown was required to provide further “particulars” of the charges so the employer could defend...more

3/16/2015 - Canada Contractors Electricity OHSA Workplace Injury Wrongful Death

Constructor made mistake of law, not fact: convicted of OHSA charge

A constructor that argued the “mistake of fact” due diligence defence was instead found to have made a “mistake of law” and was convicted of a charge under the Occupational Health and Safety Act....more

3/3/2015 - Canada Construction Contracts Construction Workers General Contractors OHSA Workplace Injury

Run over by shoplifter in parking lot, retail employee may sue employer and supervisor despite having WSIB coverage

A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, was not entitled to WSIB benefits and could sue the employer and a supervisor in the courts for her injury....more

2/24/2015 - Canada Parking Lots Retailers Workplace Injury Workplace Violence

Having an active joint health and safety committee can help employers defend against OHSA charges, court decision suggests

An Ontario court has dismissed charges under the Occupational Health and Safety Act after two incidents which the joint health and safety committee did not identify as posing a “high priority” safety concern....more

2/17/2015 - OHSA Ontario Workplace Injury Workplace Safety

Two company directors jailed 25 days after worker dies, no safety training provided

Rarely are senior corporate officials jailed for health and safety offences in Canada.  But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died...more

1/14/2015 - C-Suite Executives Canada Criminal Prosecution Directors Employer Liability Issues Furniture Industry OHSA Retailers Workplace Injury Wrongful Death

MOL inspector’s grievance gives glimpse into MOL’s after-hours accident response process

Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests. An MOL inspector filed a grievance under his...more

8/15/2014 - Canada Inspections Workplace Injury

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

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