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Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

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

Engineer Now Facing Both Criminal Negligence, OHSA Charges In Mall Collapse

Police have laid criminal negligence charges against a professional engineer in relation to the Elliot Lake mall collapse in June 2012. The charges against professional engineer Robert Wood are two counts of criminal...more

What’s The Risk Of Not Foreseeing Safety? In Today’s Industry, One Must Endeavour To Pinpoint Workplace Hazards And Then Strive To...

It’s commonplace to say that “careful planning” is an obvious and vital element of any construction project, but it’s only the first foreseeable step in prevention. As all involved in 21st century construction are (or should...more

$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

Court of Appeal Increases Corporate Fine in Fatal Accident

In December 2009, four workers fell to their deaths while repairing balconies at an apartment complex in north Toronto. The accident was caused by the site supervisor’s negligence (he died in the accident). The construction...more

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

Escalating Penalties: Alberta OHS Convictions For 2012 – What Can Employers Expect For The Year Ahead?

A person who contravenes Alberta’s Occupational Health and Safety Act, Regulations or Code is liable, for a first offence, to a fine of not more than $500,000 or imprisonment for a term not exceeding 6 months and, for a...more

Criminal Prosecutor Appeals $200,000 fine in Metron Construction Quadruple Fatality Case

The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a $200,000 fine against Metron Construction in the 2009 scaffold collapse in which four workers...more

$30,000 Personal Fine for Construction Supervisor who Violated Known Work Procedure

A construction supervisor was fined $30,000 after pleading guilty to charges under the Occupational Health and Safety Act. The supervisor admitted to failing to ensure that workers wore fall protection and followed a...more

First Ontario Company Convicted of Criminal Safety Charges: Christmas Eve Scaffold Collapse

On Christmas Eve, 2009, four workers died and a fifth was seriously injured when the scaffold they were standing on to effect repairs to the exterior of an apartment building in Etobicoke, Ontario collapsed and fell thirteen...more

Criminal Background Checks

In an increasingly competitive business environment, it is perhaps more important than ever for employers to exercise prudence and caution in hiring and maintaining their workforce. Background checks, whether criminal...more

Doing asbestos we can

The Control of Asbestos Regulations 2012 come into force in one month. What are the changes?...more

Construction Alert: Protecting Your Company From The Federal Crackdown On Form I-9s

The numbers are staggering. As of Sept. 17, U.S. Immigration and Customs Enforcement (ICE) instituted 3,015 administrative and criminal investigations and issued 2,393 Notices of Inspection for Form I-9 compliance in 2011....more

Are You Ready For The Fair Play Act?

On October 26, 2010, the New York State Construction Industry Fair Play Act went into effect. This new statute is likely to have an enormous impact on the construction industry by imposing stringent requirements for any...more

Environmental crime – Asbestos and the Clean Air Act By Chris Paul

A federal jury found an asbestos removal contractor and his company guilty of violating the Clean Air Act and other charges related to improper removal of asbestos (United States v. Gordon-Smith, W.D.N.Y., No 08-CR-6019,...more

OSHA Says Criminal Penalties Could Prevent Construction Accidents

Assistant Secretary of Labor Dr. David Michaels believes that adding criminal penalties to OSHA's arsenal could prevent construction accidents and other workplace injuries and deaths. He also says that OSHA needs and welcomes...more

FAR Rules for Stimulus Funded Contracts: Alert 2 - Enhanced Whistleblower Protections

In our May 5, 2009, Alert, we addressed the recent issuance of five Federal Acquisition Regulation ("FAR") Counsel interim rules1 that are required by the American Recovery and Reinvestment Act of 2009 ("ARRA" or "Stimulus...more

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