OHSA

But I Feel Like A Sausage – The OHSA Does Not Require Employer To Provide “Winter Coveralls”: Arbitrator

by Dentons on 5/16/2013

As tight as summer coveralls might be with winter clothing underneath, the Occupational Health and Safety Act does not require employers to provide winter coveralls to crane operators, a Newfoundland arbitrator has held....more

Employers Should Prohibit Texting While Driving: U.S. OSHA

by Adrian Miedema | Dentons on 5/16/2013

Distracted driving, and in particular texting while driving, are important occupational safety issues, and employers need to act, the U.S. Occupational Safety and Health Administration says in a new brochure called...more

Angry Confrontation Of Employee By A Manager Could Be Safety Issue: OLRB

by Adrian Miedema | Dentons on 5/7/2013

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

Worker Guilty Of Obstructing MOL Inspector By Refusing To Answer Questions

by Adrian Miedema | Dentons on 5/2/2013

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

Bad-Faith Work Refusal Complaint To MOL Justified Discipline – Reinstatement Denied

by Adrian Miedema | Dentons on 4/30/2013

The work refusal provisions of the Occupational Health and Safety Act should not be abused, an arbitrator has effectively held in overturning an employee’s dismissal but refusing reinstatement....more

Legislative Update Report No. 2013-08 -- Apr 26, 2013

by Osler, Hoskin & Harcourt LLP on 4/26/2013

In This Issue: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

City Reasonably Relied On Engineer’s, Architect’s Stamp: OHSA Charge Dismissed In Wall Collapse Case

by Adrian Miedema | Dentons on 4/25/2013

The City of Guelph acted reasonably when it relied on the stamped drawing of an architect and engineer as evidencing compliance with all legal requirements, an Ontario judge has held in dismissing an Occupational Health and...more

AODA’s Workplace Emergency Response Information Requirements Already In Force: Are You In Compliance?

by Adrian Miedema | Dentons on 4/18/2013

Since January 1, 2012, Ontario employers have been obligated to provide “individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized...more

“E-Learning” Safety Orientation Module Coming Soon In Ontario; Printed Copies Of MOL Safety Orientation Materials Now Available

by Adrian Miedema | Dentons on 4/16/2013

Worker safety orientation is expected to become mandatory in Ontario on January 1, 2014, as we have previously advised. The Ontario Ministry of Labour is developing an e-learning module that workers and supervisors can take...more

Safety Violations Get 37-Year Employee Fired For Cause

by Adrian Miedema | Dentons on 4/15/2013

We don’t often hear of 37-year employees being fired for just cause. An arbitrator has recently upheld the dismissal of a long-service unionized employee for safety violations....more

Supplier Facing OHSA Charges Alleging That Machine Unsafe

by Adrian Miedema | Dentons on 4/10/2013

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

Liability of Directors in Canada – An Excerpt

by Ellyn Law LLP on 4/10/2013

This article is an excerpt of the Canada Chapter of International Liability of Corporate Directors, 2nd edition, published by Juris Publishing in February 2013. This excerpt excludes numerous aspects of the full chapter,...more

No More Skillful Scheduling Of Contractors: Clarification Of When A Prime Contractor Is Required

by Lindsay Mullen | Dentons on 4/4/2013

In November 2012, we posted a blog regarding Bill 6, The Protection and Compliance Statures Amendment Act, 2012, introduced to the Alberta legislature to amend three Acts, including the Occupational Health and Safety Act as...more

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

by Adrian Miedema | Dentons on 4/3/2013

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

Legislative Update Report No. 2013-06 -- Mar 25, 2013

by Osler, Hoskin & Harcourt LLP on 3/25/2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...more

Workplace Violence And Harassment Top MOL Orders In Blitz

by Adrian Miedema | Dentons on 3/19/2013

Workplace violence and harassment was the most common category of compliance orders made by Ontario Ministry of Labour inspectors in a recent compliance blitz in the manufacturing sector....more

Legislative Update: A Primer on the Recent Changes to Alberta's Occupational Health and Safety Act

by Terri Susan Zurbrigg | Field Law on 3/15/2013

The Protections and Compliance Statute Amendment Act, which received royal assent in December, 2012 has resulted in a number of changes to Alberta’s Occupational Health and Safety Act. This article highlights two key...more

Farm Employer Guilty: “Accident Waiting To Happen” In Case Of Sinking Trailer That Rose Again

by Adrian Miedema | Dentons on 3/1/2013

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

by Adrian Miedema | Dentons on 2/28/2013

An Ontario supervisor has been convicted and fined under the Occupational Health and Safety Act for disturbing an accident scene....more

New Caledonia Investment Guide - Baker & McKenzie

by Emmanuel Guillaume, Mathieu Hanaut | Baker & McKenzie Australia on 2/27/2013

In This Issue: New Caledonia - an overview; Company law; Mining law; Environmental law; Immigration; Employment; and Overview of the New Caledonian tax system. Except from New Caledonia - an overview: -...more

Employer Violated Workplace Violence Law: Ontario Arbitrator

by Adrian Miedema | Dentons on 2/19/2013

An Ontario arbitrator has found that an employer violated Bill 168 which introduced workplace violence provisions into Ontario’s Occupational Health and Safety Act....more

Ontario Employers Need to Revisit Crisis Management Procedures in Light of Court of Appeal Ruling

by Jason Hanson, Colin Kelly | Osler, Hoskin & Harcourt LLP on 2/19/2013

Employers should update their Crisis Management procedures and related training because the Court of Appeal has ruled that any critical injury at a workplace, whether suffered by a customer, visitor, or another employee, may...more

Natural Disasters In The Workplace – What Do I Do?

by Catherine P. Coulter | Dentons on 2/19/2013

Did you know that the Ontario Ministry of Labour has a Q&A on how to deal with natural disasters in the workplace?...more

Despite Possible OHSA Charges, Employer’s Appeal Of MOL Inspector’s Order May Proceed

by Adrian Miedema | Dentons on 2/14/2013

An employer’s appeal of a Ministry of Labour inspector’s compliance orders may proceed, despite the inspector’s ongoing investigation into possible charges, the Ontario Labour Relations Board has ruled....more

When Is An MOL Notice Of Workplace Accident Required? Ontario Court Of Appeal Clarifies

by Adrian Miedema | Dentons on 2/11/2013

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

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