News & Analysis as of

Workplace Hazards Occupational Health and Safety Act

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

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

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

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

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

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

“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

OSHA’s “Perp Walks” for the Week of October 24th

by Kelley Drye & Warren LLP on

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...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

High school machine shop teacher loses work refusal case

by Dentons on

A machine shop teacher’s work refusal was not justified, an appeals tribunal has decided, given that the teacher had the ability to manage the class environment to ensure safety. The teacher refused to teach the class if...more

GHS Update: Government of Canada introduces new regulations for protection for workers handling hazardous materials

by Dentons on

The Government of Canada has announced that new Occupational Health and Safety regulations under the Canada Labour Code, which are intended to better protect federally regulated workers who use, handle and store hazardous...more

Unauthorized supervisor decided to “solve the problem himself”, caused accident – OHSA charges against company dismissed

by Dentons on

An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions and took it upon himself to use a torch to thaw ice that had accumulated in a culvert....more

Alberta court of appeal dismisses worker’s appeal In his 20+ year old case against a developer

by Dentons on

The Alberta Court of Appeal has recently confirmed that an owner/developer of a condominium conversion project was not liable for damages in a civil action commenced by a worker....more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

by Dentons on

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

by Dentons on

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

MOL’s incident-reporting training Order to mining company not suspended

by Dentons on

A Ministry of Labour compliance Order issued against a mining company for allegedly failing to report an “uncontrolled fall of ground” should not be suspended pending the outcome of the employer’s appeal of that Order, 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

Contractor jailed for 30 days, fined $45,000 after serious asbestos violations

by Dentons on

Every now and then a case comes along to remind us that violators of occupational health and safety legislation can be sent to jail. Mind you, this case involved not only serious safety violations, but also deceit and...more

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

by K&L Gates LLP on

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

Post-accident remedial measures were a “small bit of common-sense engineering”, relevant evidence in finding company guilty of...

by Dentons on

An employer’s post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the Occupational Health and Safety Act at the time of the accident, an Alberta judge has held....more

Business owner facing criminal and provincial charges in workplace death

by Dentons on

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

Project Manager for Metron Construction convicted of criminal negligence in Christmas Eve fatalities. Three individuals and two...

by Dentons on

The project manager who supervised the four workers who died after a swing stage scaffold collapsed on Christmas Eve, 2009, has been found guilty on four counts of criminal negligence causing death and one count of criminal...more

“Creative sentence” imposed for OHSA violation: company must give 150 hours of safety presentations on case, plus pay fine

by Dentons on

A Nova Scotia court has imposed a “creative sentence” for a violation of the Occupational Health and Safety Act, requiring the company to make safety presentations in addition to paying a fine. A journeyman electrician...more

Cost of compliance with safety officer’s order could cause serious economic harm to company: Appeals Tribunal

by Dentons on

A safety officer’s compliance order has been suspended where the cost of compliance would be so high that it could cause serious economic harm to the company. The company performed stevedoring and terminal handling of...more

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