Ministry of Labour Occupational Health and Safety Act

News & Analysis as of

OHSA charges dismissed: not appropriate for MOL to charge under “general duty” clause where specific regulation addressed safety...

In dismissing Occupational Health and Safety Act charges against an employer arising out of a fatality, an Ontario court has held that it is not appropriate for the Ministry of Labour to charge under the “general duty clause”...more

Employer Who Voluntarily Complied with MOL Inspector’s Orders Was Not Entitled to Suspension of Orders Pending Appeal

The Ontario Labour Relations Board has held that where an employer had complied with a Ministry of Labour inspector’s compliance orders under the Occupational Health and Safety Act, to the satisfaction of the MOL, the...more

Where MOL Inspector Withdraws OHSA Compliance Order, OLRB Cannot Reinstate While Appeal Argued

Although an employer may appeal a Ministry of Labour inspector’s rescission (withdrawal) of a compliance order that he or she wrote to an employer under the Occupational Health and Safety Act, the Ontario Labour Relations...more

Ontario Government Responds to Early Results of Mine Safety Review

In December 2013, the province asked Ontario’s Chief Prevention Officer to undertake a review of the occupational health and safety issues related to the mining sector, focusing first on underground mines. The review...more

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

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

Worker Guilty Of Obstructing MOL Inspector By Refusing To Answer Questions

A worker who refused to answer a Ministry of Labour inspector’s questions during an accident investigation has been found guilty of obstructing the inspector....more

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

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

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

Work Refusal Process May Not Be Used To Challenge Employer’s Established Practices: OLRB

In a long-running and bitterly-fought case involving prison guards, the Ontario Labour Relations Board has held that the work refusal process under the Occupational Health and Safety Act may not be used to challenge existing...more

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