News & Analysis as of

Workplace Safety Canada

New Requirements for BC Joint Health and Safety Committees

by Dentons on

If you operate a workplace in British Columbia with 10 or more workers, you may need to make some changes to your workplace health and safety practices....more

Safety officer, fired after company loses COR certification, wins wrongful dismissal lawsuit

by Dentons on

A safety officer whose duties included maintaining his employer’s Certificate of Recognition (COR) certification was not fired for just cause, a court has decided. The company claimed that it lost its COR certification due to...more

Employers, Spike Those “High Heels” Dress Code Requirements!

British Columbia has recently amended its health and safety law to prohibit employers from requiring employees to wear high heels to work. Maybe this isn’t too big a deal in an office environment, but there are some...more

Court Allows the TTC to Implement Random Drug and Alcohol Testing

by Dentons on

In a recent decision, the Honourable Justice Marrocco of the Ontario Superior Court of Justice denied the request of the Amalgamated Transit Union Local 113 and Robert Kinnear (the “Applicants”) to restrain the TTC from...more

Workers flee during MOL investigation, roofing company fined for obstructing inspector

by Dentons on

A roofing company has been fined $40,000 under the Occupational Health and Safety Act, including $15,000 for obstructing a Ministry of Labour inspector. The MOL inspector had gone to the site because of a complaint. He...more

OLRB confirms 30-day hard-stop deadline for appealing Ontario MOL inspectors’ compliance orders

by Dentons on

A recent Ontario Labour Relations Board decision confirms that the 30-day deadline for appealing Ministry of Labour health and safety inspectors’ compliance orders under the Occupational Health and Safety Act cannot not be...more

Arbitrator disagrees that grievor’s interference with air quality test was a deliberate act of sabotage and replaces termination...

by Dentons on

In this recent Alberta arbitration case, the employer had been dealing with safety issues involving excessive carbon monoxide levels. Carbon monoxide readings in the employer’s facility were often beyond the regulatory levels...more

Threats of violence, one day after “sensitivity training”, get worker fired for cause. He “may have a problem with women in the...

by Dentons on

A worker who said, “If anything ever happened, like losing my job, I’d have no problem coming in here and shooting them”, a day after receiving sensitivity training relating to workplace violence, was dismissed for cause, an...more

“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

Appeal Court Revives Class Action against the WSIB

by Dentons on

The Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers whom he alleges have been wrongfully denied the full extent of benefits to...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

Injured worker’s claim lacked the “something more” needed to establish personal liability against employer’s directors

by Dentons on

The Alberta Court of Appeal has confirmed that in order for a director of a corporate employer to be found personally liable for damages sustained by one of the corporation’s workers in a workplace accident, there must be...more

The death of an employee due to the collapse of trench walls: Superior Court confirms the employer’s committal for trial for...

by Dentons on

In the recent decision Fournier c R.[1], the Superior Court of Quebec confirmed that an employer’s violations of health and safety legislation can be the underlying unlawful act on which is based a criminal charge of...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

Labour Board dismisses safety complaint filed 2.5 years after the fact

by Dentons on

A worker who filed a safety-reprisal complaint 2.5 years after the events complained about has had his complaint dismissed for delay. The worker’s complaint related to events that took place in June of 2013.   He...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

Ontario Bill Proposes to Create “Health and Safety Management System” under OHSA

by Dentons on

The Ontario government has introduced legislation that seeks to, among other things, provide for the establishment of employer “health and safety management systems” under the Occupational Health and Safety Act....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

GHS (WHMIS 2015) online courses now available

by Dentons on

The Canadian Centre for Occupational Health and Safety has released two online courses on WHMIS 2015, which implements the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)....more

Regulation still required compliance with older ANSI standard, not updated version: Tribunal

by Dentons on

Where the government had not updated a regulation to require compliance with a newer version of an ANSI (American National Standards Institute) standard, the law still required compliance with the old version, a federal...more

“You’re kind of close to those wires”: excavator operator guilty of OHSA charges after hitting power line

by Dentons on

An excavator operator has been found guilty of two Occupational Health and Safety Act charges after hitting a power line. The operator, who was working on a road construction project, was planning to load the excavator...more

Three days in jail for owner of roofing business after trying to deceive MOL inspector

by Dentons on

The owner of a roofing business has landed in jail for three days after trying to trick a Ministry of Labour inspector following a workplace accident. Three workers were working on a residential roofing project but the...more

Employer’s Safety Concerns Were Not Sufficient to Avoid its Obligations Under its Collective Agreement

by Dentons on

An Employer was required to revert to a previous shift schedule in accordance with its obligations under the collective agreement, notwithstanding its claim that the previous shift schedule was less safe....more

After being told that she should just “quit” if she felt unsafe, dismissed employee awarded $15,000 in damages

by Dentons on

A charity has been ordered to pay a dismissed employee $15,000 in damages after dismissing her shortly after she had raised safety issues, in violation of the Occupational Health and Safety Act. The charity ran retail...more

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