News & Analysis as of

Workplace Injury Wrongful Death

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

by Field Law on

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under...more

Stuntman’s death on ‘The Walking Dead’ set a sad reminder of common workplace hazards

by FordHarrison on

Tragically, stuntman John Bernecker died last week in Atlanta after falling 30 feet to a concrete floor while working on a fight scene for AMC’s zombie-apocalypse series “The Walking Dead.” In response, the show temporarily...more

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

by Lewitt Hackman on

With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Corporations are People Too! Ontario Court Confirms that Corporations Have a Right to a Speedy Trial

by Bennett Jones LLP on

Corporate defendants have the right to a speedy trial, without requiring them to prove actual prejudice to their fair trial rights. In R v Stephensons Rental Services, a March 2017 decision of the Ontario Court of Justice,...more

One of Our Employees Died at Work – Am I Going to Jail?

by Foley & Lardner LLP on

Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...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

Health and safety sentences: update on the sentencing guidelines one year on

by Dentons on

Employers have a general duty to ensure the safety of their employees under section 2 of the Health and Safety at Work Act 1974. On 1 February 2016, the new sentencing guidelines for health and safety offences came into...more

Is compliance with industry standards enough to establish due diligence? Alberta Court of Appeal set to consider this issue

by Dentons on

We recently wrote about the decision in R. v. Precision Drilling Canada Ltd., where the Appeal Judge set aside the trial verdicts and ordered a new trial in a workplace fatality case. The Crown sought leave to appeal that...more

Tragedy at Construction Project Leads to New Safety Rules and Regulations in Boston

The city of Boston will soon require all companies and individuals planning to perform construction work in the city to provide their safety records prior to obtaining a permit. The new ordinance arose out of a tragedy that...more

Trial judge’s misapprehension of the evidence results in new trial for workplace fatality

by Dentons on

We previously posted about the trial decision in R. v. Precision Drilling Ltd., 2015 ABPC 115 (CanLII), where the court found the employer guilty of two charges arising from a workplace fatality at a drilling rig. The...more

Longshoreman’s Negligence Claim Against a Vessel Limited to § 905(b)

In Seaboard Spirit LTD, et al. v. Antwon Hyman, et al., No. 15-12953, an unpublished opinion issued by the Eleventh Circuit on December 5, 2016, the Court of Appeals reversed a District Court’s opinion that had expanded a...more

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

by Robins Kaplan LLP on

We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

Safety topic was emphasized, not “buried in hundreds of power point slides”: employer establishes due diligence, not guilty in...

by Dentons on

A Saskatchewan employer has been found not guilty of six occupational health and safety charges after a worker died of suffocation when he became engulfed in a grain receiving pit.  The employer’s extensive safety program had...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

“Reputable and responsible” owner / operator guilty of OHSA charge after drill rig collapse at York University

by Dentons on

After a dramatic and tragic incident in which a large drill rig fell over at York University, fatally injuring a backhoe operator and badly injuring an excavator operator, the company that owned and operated the rig has been...more

[Webinar] Post-OSHA Citation: Contest Process, Settlement Goals and Strategy - September 7th, 1:00pm EDT

by Conn Maciel Carey LLP on

You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more

Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...more

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more

Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

by Dentons on

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court....more

$250,000 fine against school board may be largest-ever against not-for-profit organization in Ontario

by Dentons on

A school board has been handed a $250,000 fine under the Ontario Occupational Health and Safety Act after the death of maintenance worker. The maintenance worker had been assigned the task of replacing a safety cage on a...more

Ontario MOL now posting “de-identified” information on fatalities online, even before OHSA charges laid

by Dentons on

Ontario workplace fatalities could now result in a “de-identified” posting on the Ministry of Labour’s website, even before Occupational Health and Safety Act charges are laid. The postings provide a brief description of the...more

Death of visitor leads to employer’s conviction, $100,000 fine under OHSA

by Dentons on

This case is a reminder that injuries to non-employees can lead to Occupational Health and Safety Act convictions and fines against employers. A visitor to a self-storage facility in North Bay fell through an open hole...more

Ontario Court Sentences Project Manager to 3.5 Years in Jail for Fatal Workplace Accident

by Littler on

In a first for the province of Ontario, on January 11, 2016, a construction project manager charged and convicted under the Bill C-45 amendments to the Criminal Code was sentenced to serve time in prison for criminal...more

The Defense Base Act’s Exclusive Workers Compensation Scheme for Overseas

by Dentons on

Understanding the preemptive role of the Defense Base Act (‘‘DBA’’) is crucial for any federal government contractor performing overseas work for the U.S. military or federal departments or agencies. The DBA creates an...more

Your MSA is in Place – Now What?

by Gray Reed & McGraw on

Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

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