News & Analysis as of

Occupational Health and Safety Act Employer Liability Issues

“Safety Engineering Letter of Opinion” dealing with OHSA obligations disallowed by court in civil lawsuit

by Dentons on

A “Safety Engineering Letter of Opinion”, styled as an “expert report” and covering Occupational Health and Safety Act obligations, was struck and its author was prohibited from testifying at the trial of a civil lawsuit....more

MOL Clarifies its Interpretation of “Critical Injury”

by Dentons on

The Ontario Occupational Health and Safety Act requires employers to report fatalities and “critical injuries” to the Ontario Ministry of Labour. The Ministry of Labour has recently released clarification on its...more

Having failed to obtain and review proper operating manual for machine, employer and supervisor convicted under OHSA

by Dentons on

An employer and supervisor who failed to obtain an operator’s manual for a rip saw, and therefore failed to follow it, have been found guilty of offences under the Ontario Occupational Health and Safety Act. The charges...more

Arbitrator finds employer violated OHSA workplace-violence obligations

by Dentons on

A labour arbitrator has found that a mental health organization violated the Occupational Health and Safety Act when it failed to take certain workplace-violence precautions. The organization provided services to...more

New Alberta Bill 208 seeks to provide protection against workplace bullying

by Dentons on

On November 9, 2016, Calgary MLA Craig Coolahan introduced Bill 208, Occupational Health and Safety (Protection From Workplace Harassment) Amendment Act, 2016. This Bill seeks to address workplace bullying by introducing...more

Supervisor’s OHSA conviction upheld on appeal: prosecutor not required to prove what “hazard” caused concrete worker’s death

by Dentons on

A supervisor’s Occupational Health and Safety Act conviction of failing to sufficiently and competently supervise work has been upheld on appeal, after a concrete worker died. The supervisor operated and managed a...more

Workplace Harassment Obligations Expanding for Ontario Employers

Effective September 8, 2016, Ontario’s Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) expands an employer’s obligation to identify, prevent,...more

Bill 132 Update: MOL Releases Code of Practice to Help Employers Comply with OHSA’s Harassment Provisions

by Dentons on

Further to our series of posts on Ontario’s new Sexual Violence and Harassment Legislation, which amends the Occupational Health and Safety Act, the Ontario Ministry of Labour has recently issued a Code of Practice to Address...more

WHS Update: Officer liability

by DLA Piper on

The Model Act New South Wales, Queensland, South Australia, Tasmania and the Territories have broadly similar WHS laws based on the model Act developed by Safe Work Australia (Model Act). Under the Model Act, officers...more

Despite employee’s concerns with speed, quality and outcome of harassment investigation, no reprisal under OHSA

by Dentons on

Even though an employer’s harassment investigation was allegedly slow, inadequate and had a questionable outcome, the employee had not suffered a “reprisal” under the Ontario Occupational Health and Safety Act, the Ontario...more

The Countdown is On: The New OHSA Amendments Come into Force in Less Than 60 Days

by Dentons on

As we previously reported, the amendments to the Occupational Health and Safety Act introduced by Ontario’s Sexual Violence and Harassment Legislation, An Act to amend various statutes with respect to sexual violence, sexual...more

The Countdown is On: The New OHSA Amendments Come into Force in Less Than 60 Days

by Dentons on

As we previously reported, the amendments to the Occupational Health and Safety Act introduced by Ontario’s Sexual Violence and Harassment Legislation, An Act to amend various statutes with respect to sexual violence, sexual...more

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

by Bennett Jones LLP on

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more

Is Your Organization Prepared for Ontario Bill 132?

by NAVEX Global on

On September 8, 2016, new legislation in Ontario will go into effect requiring employers to investigate incidents or complaints of harassment or sexual harassment in the workplace. Employers with employees in Ontario will...more

Canada: Ontario Employers Have New Workplace Sexual Harassment Obligations

by Littler on

Bill 132, entitled “Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015” (hereinafter the “Bill”) has now been passed into law in Ontario and will be in...more

Bill 132 Update: Ontario’s Sexual Violence and Harassment Legislation to Become Law September 8, 2016

by Dentons on

In a previous post, we reported on Ontario’s new sexual violence and harassment legislation, Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related...more

New Employer Duties under Ontario’s Sexual Violence and Harassment Action Plan

Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (Bill) contemplates amendments to six pieces of legislation, including Ontario’s...more

Experts Alone Cannot Save You - Australia Labour, Employment Workplace Safety Alert

by K&L Gates LLP on

A recent decision by the NSW Industrial Court (Court) is a further reminder that businesses can't hide behind appointed experts or delegate their safety obligations and responsibilities to others. It is also a reminder that...more

Recent Amendments to the Workers Compensation Act give WorkSafeBC Enhanced Compliance Powers

by Bennett Jones LLP on

Recent changes to the Workers Compensation Act in British Columbia (the Act) significantly enhance WorkSafeBC’s ability to enforce occupational health and safety compliance. These include...more

Arbitrator Strikes Down Employer’s Total Ban On Smoking During Shift

by Dentons on

Starting in January 2015, the employer – which manufactured wire and cable products – banned smoking anywhere on company property, including outside of the plant. Employees were also prohibited from leaving company property...more

Ontario MOL Releases 2015-16 Safety Inspection Blitz Schedule

by Dentons on

The Ontario Ministry of Labour has released its schedule of workplace inspection blitzes for the period from May 2015 to March 2016. The schedule gives employers advance notice of what MOL inspectors will look for when they...more

Even “inspecting” equipment is “working on it”: employer guilty of OHSA charge where employees had not even started maintenance...

by Dentons on

A maintenance electrician had “worked on” a stuck shipping door when he simply “inspected” it, even though he had not actually performed maintenance on it, a court has ruled. He was injured when the door fell on him. The...more

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

by Dentons on

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

“Who is a supervisor?” Ontario Ministry of Labour releases guideline

by Dentons on

Employers often struggle with the question of who is a “supervisor” under the Ontario Occupational Health and Safety Act. The answer to that question is obviously important because supervisors have legal duties under the...more

Mere posting of standard operating procedure was not enough: OLRB refuses to suspend MOL inspector’s training order

by Dentons on

Employers often post new procedures in the workplace without providing formal training.  A recent decision of the Ontario Labour Relations Board suggests that for some work procedures, posting is not enough; rather, training...more

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