News & Analysis as of

Occupational Health and Safety Act

Ontario’s Bill 177 Brings Big Changes for Employer’s Workplace Safety Obligations

Close on the heels of the sweeping changes brought about by Bill 148, the Ontario government has enacted another set of changes to Ontario’s employment laws. Bill 177, the Stronger, Fairer Ontario Act (Budget Measures), 2017,...more

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

by 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

Bill 30 Overhauls Alberta's Occupational Health and Safety Act

by Field Law on

On November 27, 2017 the Alberta Government introduced Bill 30 – An Act to Protect the Health and Well-Being of Working Albertans. Bill 30 proposes updates to Alberta’s Workers Compensation Act while offering a complete...more

Dramatic Revision of the Alberta Occupational Health and Safety Act

by Bennett Jones LLP on

Bill 30: An Act to Protect the Health and Well-being of Working Albertans (the New Act), received its first reading in the Legislative Assembly of Alberta on November 27, 2017. If enacted in its current form, the New Act will...more

Ontario Employers Take Note: Major Changes to Ontario’s Statutory Leaves of Absence Are Already Underway

by Bennett Jones LLP on

On November 28, 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received royal assent. What this means is that major changes are on the horizon for all provincially-regulated workplaces in Ontario....more

Critical Canada Update: What You Need to Know About Changes to Ontario’s Labor and Employment Laws

On November 22, 2017, the Ontario government passed the much anticipated Bill 148, the Fair Workplaces, Better Jobs Act, 2017, which will result in significant changes to Ontario’s labour and employment landscape. The Act...more

Sweeping changes coming for Alberta’s occupational health and safety laws

by DLA Piper on

More than 40 years after its last in-depth review of Alberta’s occupational health and safety legislation the Alberta Government tabled Bill 30: An Act to Protect the Health and Well-being of Working Albertans, which passed...more

The introduction of Bill 30 brings the potential for significant changes to Alberta’s workplace laws

by Dentons on

On November 27, 2017, the Government of Alberta introduced numerous proposed changes to Alberta’s Occupational Health and Safety Act and Workers’ Compensation Act. The proposed changes are contained in Bill 30: An Act to...more

Alberta Safety Codes Act Introduces New Administrative Penalty Framework

by Bennett Jones LLP on

Starting on December 1, any person or entity subject to the Alberta's Safety Codes Act (Act), could face an administrative penalty for any breach of the Act, its numerous regulations, or its adopted codes or standards....more

Precedent Setting Alberta OHS Case: Excavation Company Director Sentenced to Jail

by Bennett Jones LLP on

A precedent setting occupational health and safety (OHS) case was heard in the Alberta Court yesterday. For the first time in Alberta's history, a worker who was also a company director was sentenced to jail for a period of...more

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

by Bennett Jones LLP on

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

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

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

Canada: Ontario Special Advisors Make 173 Recommendations in their Final Report on the Changing Workplace

by Littler on

In May 2015, the Ontario government appointed two Special Advisors (Michael Mitchell and The Honourable John C. Murray) to review the modern-day workplace and to consider whether the Ontario Labour Relations Act, 1995...more

Workwise: Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents

by Field Law on

The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents....more

Alberta government signs Memorandum of Understanding with police services setting out new procedures for investigating serious...

by Dentons on

The government of Alberta and 10 police services recently signed the Westray Memorandum of Understanding. The announcement was made on the National Day of Mourning, which this year commemorates the 25th anniversary of the...more

B.C. bans employers’ mandatory high heels policies in some workplaces: amendments to footwear regulations now in effect

by Dentons on

On April 7, 2017, the British Columbia government amended the footwear regulation under the Occupational Health and Safety Regulation, BC Reg 296/97 (the “Regulation”) to specify that employers cannot require a worker to wear...more

Court orders condo owner who harassed building management staff to cease and desist. OHSA harassment provisions applied

by Dentons on

A condominium owner who called building management staff offensive and degrading names has been ordered by a judge to cease and desist from harassing them. The decision shows that the Ontario Occupational Health and Safety...more

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

Worker entitled to sue coworker for failure to report absence of or defect in protective equipment: court

by Dentons on

An Ontario judge has allowed an injured worker to proceed with his lawsuit against a coworker for failing to report the absence of or defect in fall arrest equipment....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

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

“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

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