News & Analysis as of

Occupational Health and Safety Act Employer Liability Issues Workplace Safety

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

FordHarrison

A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 4

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Executive Summary: This is Part 4 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

Littler

Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

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The Supreme Court of Canada’s (SCC) decision in R. v. Greater Sudbury (City), 2023 SCC 28 was equally divided (4-4).  In the absence of a majority SCC decision, the City's appeal was dismissed, and the decision of the Court...more

Ward and Smith, P.A.

Messy "Real Life" LARP: An Employer's Accident Response Deconstructed for In-House Counsel

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During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more

Ius Laboris

Ontario seeks input on heat stress proposal

Ius Laboris on

The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more

Littler

Ontario, Canada Publishes Regulation on Naloxone Kit Requirement

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As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have...more

Littler

Ontario, Canada: Occupational Health and Safety Act Amendments Requiring Certain Employers to Have Naloxone Kits Proclaimed in...

Littler on

On December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act (OHSA) made in Bill 88, Working for Workers Act, 2022.  The amendments, which require certain employers to have naloxone...more

Stikeman Elliott LLP

Bill 59: Act to Modernize the Occupational Health and Safety Regime Amendments in Effect Since October 6, 2022

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Bill 59, the Act to modernize the occupational health and safety regime, was adopted on September 30, 2021 by the Quebec National Assembly and sanctioned on October 6, 2021. It is the most important modernization process of...more

International Lawyers Network

Vaccine Requirements – Canada: Montréal

Canada’s Constitution makes it such that the presumptive and preeminent jurisdiction in matters of employment, labour relations writ large, privacy and health and safety at work is provincial, not federal. This is in marked...more

Blake, Cassels & Graydon LLP

Upcoming Changes to Alberta’s Occupational Health and Safety Laws

A new Occupational Health and Safety Act (New OHSA) will replace the existing occupational health and safety (OHS) legislation in Alberta effective December 1, 2021. This bulletin sets out some of the noteworthy changes to...more

Littler

Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

Littler

Ontario, Canada: Arbitrator Upholds Mandatory COVID-19 Vaccination Policy

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On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more

Littler

Ontario: Requirements for Mandatory Policies, Training and Postings - September 2020

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Littler

Ontario, Canada: New Guide Helps Employers Plan their COVID-19 Work Safety Plans

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On June 16, 2020, Ontario released a Guide to help employers satisfy their responsibilities under Ontario’s Occupational Health and Safety Act (OHSA) to take every precaution reasonable in the circumstances to protect workers...more

Littler

Canada: Do Employers Have an Obligation to Protect Employees from Exposure to Safety Hazards While they Work from Home during the...

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Most workplaces in Canada are subject to provincial or territorial occupational health and safety (OHS) legislation. Federally regulated workplaces are governed by the federal OHS laws set out in Part II of the Canada Labour...more

Littler

Canadian Employers and the Coronavirus

Littler on

At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia.  The first of these cases was confirmed on January 25 and the last was...more

Fisher Phillips

Worrying Challenges in Performing Embedded or Plant Shutdown Work.

Fisher Phillips on

After 35 years of practice, certain issues keep me awake at night. One concern is about contractors working onsite or embedded in a working plant or other facility. Examples include year-round or shutdown work at power...more

Littler

Ontario: Requirements for Mandatory Policies, Training and Postings - June 2019

Littler on

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Seyfarth Shaw LLP

History Comes Back to Bite Employer — Criminal Conviction and $500,000 Fine Upheld in Eighth Circuit for Violating Fall Protection...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment. ...more

Cozen O'Connor

Sexual Harassment And Workplace Safety And Health: An OSHA Issue?

Cozen O'Connor on

It would not surprise most people to know that OSHA does not have a specific standard governing sexual harassment in the workplace. However, is there a link between sexual harassment and workplace safety and health issues? ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Impact of Bill 132: Understanding and Applying Ontario’s Recent Sexual Harassment and Violence Legislation

In recent years, a number of high-profile cases involving sexual violence and sexual harassment have grabbed the headlines and the public’s attention in Canada. The troubling case of Jian Ghomeshi—and the subsequent...more

K&L Gates LLP

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

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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

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