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A British Columbia judge has considered an employer’s concerns for the safety of replacement workers, in granting an injunction against picketing workers.
The employer and Unifor were in a labour dispute. Unifor was...more
The United States Occupational Safety and Health Administration (OSHA) has launched an Ebola Web Page for employers providing information on Ebola and how to protect workers.
OSHA states that workers, including...more
A worker who contacted a Ministry of Labour inspector with safety concerns but didn’t get the answer he wanted, and then spread rumours that the MOL inspector had been “paid off” by the company, was dismissed for cause, an...more
An employee’s demand for a bonus and assertion that his employment relationship would not be “fruitful” and that his employer could fire him, was the reason for his dismissal, a court has decided. The dismissal was not...more
A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee.
The Ontario Occupational Health and Safety Act...more
The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of “red flags” which included a comment, “Do you want me to die?”...more
After failing in a harassment grievance that was based on the Occupational Health and Safety Act, an employee has failed in his bid to persuade the Human Rights Tribunal of Ontario that safety-related discipline against him...more
According to the Occupational Health and Safety Administration, there are more than 7,000 warehouses across the U.S., employing over 145,000 workers. Even in the safest of facilities, warehouse employees can face a number of...more
If you are doing business in Saskatchewan, you should consider whether this legal change applies to your operations. If it does, you should also stay alert to the next expected changes. This is particularly the case if you...more
The July 1, 2014 deadline is quickly approaching. Employers in Ontario have two months to ensure that their workers and supervisors complete “basic occupational health and safety awareness training” before the deadline....more
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
Zero-tolerance safety rules, often called “Life Saving Rules”, “Cardinal Safety Rules” or ”Safety Absolutes”, are becoming more common in industry. An arbitrator has now upheld the firing of a unionized employee for one...more
On October 31, 2013, the Alberta Court of Queen’s Bench released the sentencing decision in R. v. XI Technologies Inc., 2013 ABQB 651.
The Court of Queen’s Bench sentenced the employer to a fine of $275,000, inclusive...more
An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years.
CBC News reported that the employee was training a coworker on the use of heavy equipment, and that after the...more
On Saturday, October 19, 13 cars on a Canadian National train derailed west of Edmonton, Alberta, and three cars carrying liquefied natural gas leaked and burned. No injuries were reported. This accident follows a similar...more
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
The Ontario Labour Relations Board has deferred to the opinion of a Ministry of Labour inspector over that of an engineer in refusing to suspend a compliance order issued by the inspector under the Occupational Health and...more
Working excessive hours could pose a safety issue, the Ontario Labour Relations Board has held in refusing to dismiss a complaint that the employee was fired in retaliation for raising safety issues.
In August, the International Organization for Standardization(“ISO”), the world’s largest global developer of voluntary international standards, approved the creation of a project committee who will develop an international...more
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
For the first time in Alberta, companies and individuals (including workers) could face a monetary penalty for breaches of the Occupational Health and Safety Act (the Act), the Occupational Health and Safety Regulation (the...more
An employee’s motor scooter accident in her employer’s parking lot was a Workplace Safety and Insurance Board issue, so the employee was not entitled to sue the employer in the court, the Ontario Workplace Safety and...more
In December 2012, we posted a blog outlining the Alberta Court of Queen’s Bench decision in R v. Technologies Inc. 2012 ABQB 549 in a fatal accident case involving the use of a “calf roping” machine at a Stampede party event...more
An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union bargaining unit....more
In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted an employee to advance her claim that the employer violated the Occupational Health and Safety Act when it fired...more
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