Both the RCMP and provincial health and safety officials have laid charges against an owner of a body shop in Dartmouth, Nova Scotia after a worker died.
The worker was killed when the vehicle he was working on caught...more
On 14 July 2015 Huntley Mount Engineering ("the Company") was fined £150,000 after pleading guilty to corporate manslaughter following the death of a 16 year old, Cameron Minshull. He was employed as an apprentice, through a...more
In This Issue:
- Judgments; Legislation; and Reports.
- Excerpt from Judgements:
New South Wales (NSW)
13 August 2015 - Waller v James  NSWCA 232
Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after a worker died when a scissor lift was knocked over by a garage door.
Working in and around airplanes can be a dangerous occupation. Some of the most common hazards include head injuries, crushing injuries, serious musculoskeletal damage and exposure to infectious diseases. In a recent case, an...more
An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as an expert in a health and safety prosecution.
A company was charged under the Occupational Health...more
When a worker dies after a job-related accident, the consequences can be tragic and severe for families. Workers’ compensation law offers a range of benefits for the survivors of industrial accidents....more
A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that the Crown was required to provide further “particulars” of the charges so the employer could defend...more
Rarely are senior corporate officials jailed for health and safety offences in Canada. But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died...more
FLORIDA STATE CASES -
Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more
On 13 November 2014, the Sentencing Council opened its 14 week public consultation on draft guidelines for corporate manslaughter and health and safety offences. If implemented, the guidelines will mean that large...more
A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014.
Coal Mines -
- Four underground employees on foot were crushed by equipment in operation.
Work place fatalities in North Carolina have been on the decline over the last few years. However, they are still happening way to often, especially in the trucking and construction industries. Hopefully, you’ll never find...more
This past Monday––in what can only be described as a tragic accident––a deliveryman died when a tape measure fell from the fiftieth story of a residential development site hitting him squarely on the head.
In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more
The adage “He who hesitates is lost” is particularly true in the world of civil litigation, where statutes of limitations dictate how much time you have to take legal action after an injury accident. Once that time is up, in...more
The death of one of its subcontractor’s employees has resulted in a $100,000 fine to a real estate project management firm....more
In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...more
A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more
In December 2009, four workers fell to their deaths while repairing balconies at an apartment complex in north Toronto. The accident was caused by the site supervisor’s negligence (he died in the accident). The construction...more
Just last week, the U.S. Department of Labor released numbers regarding workplace fatalities. On the positive side, the overall numbers decreased, but numbers for the oil and gas industry rose dramatically (up 23%) in 2012....more
The CBC is reporting that the criminal negligence trial of Karl Lilgert, Navigation Officer of the ferry, Queen of the North, has commenced in Vancouver....more
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