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Health and Safety

Modifications importantes à la Loi sur les normes du travail (Québec)

Le 6 avril 2018, nous avons publié un billet de blogue résumant les modifications principales proposées à la Loi sur les normes du travail du Québec par le Projet de loi no 176 – Loi modifiant la loi sur les normes du travail et d’autres dispositions législatives afin principalement de faciliter la conciliation famille-travail.

 

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Important amendments to an Act Respecting Labour Standards (Quebec)

On June 12, 2018, Bill 176 was passed and assented by the National Assembly. Since it includes numerous important amendments and differs from the version that was originally presented, we have reproduced certain provisions which may be of interest, following 8 general themes.

 

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Can an employer have a zero tolerance policy for marijuana? The Human Rights Tribunal weighs in

In one of the first cases to consider this issue the Ontario Human Rights Tribunal was faced with the question of whether a “zero tolerance” policy for marijuana consumption discriminated against a worker in a safety sensitive position who wanted to consume marijuana at work for medicinal purposes.

 

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Weed at work: What are your rights?

The law on marijuana is changing. However, employers who prepare themselves for the legalization of recreational marijuana should not be overly anxious. Of course, if preparation does not help calm your nerves, there will be a new (legal) way to mellow out come October.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with marijuana in the workplace, unpaid wages and employment insurance premium and reduction rates.

 

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When should an employer conduct a workplace investigation?

Under the common law, and specifically under Sections 25(2)(h) and 32.0.5 of the Occupational Health and Safety Act (Ontario), every employer has a duty to conduct a workplace investigation after an incident of workplace violence has allegedly occurred. In other words, if an employer gets a complaint about violence at work, or if the employer witnesses violence at work, it must conduct an investigation.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

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Legislating the right to disconnect

In France, the right to disconnect was enshrined in law in 2017. French workers in companies of more than 50 people have the right to turn off their work devices outside of working hours. Will Canada follow that path?

 

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Supreme Court of Canada upholds workers’ compensation order against site owner

The decision in this case is an important reminder about an owner’s worksite safety obligations. Owners must ensure the health and safety of their own employees, as well as the employees of other contractors on site.

 

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Update regarding the sale of cannabis in Ontario

marijuana dispensary

Employers need to become aware of recent developments to the sale of cannabis rules and should note that Ontarians will only be allowed to use recreational cannabis in a private residence, including the outdoor space of a home. Recreational cannabis use will not be allowed in any public spaces, workplaces or motorized vehicles.

 

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Court disregards release where settlement “unconscionable”

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended.

 

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WHMIS phase 3: Are you ready for September?

Complying with WHMIS has been an ongoing mission to ensure safety within the workplace when working alongside hazardous materials. Compliance for WHMIS has been split up into 3 phases, and phase 3 commences on September 1. Are you ready?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a case in which the BC Supreme Court found that an employee’s secret pay raise and bonus warranted his summary dismissal, a study that found the economic benefits of hiring and accommodating workers with mental illnesses outweigh the costs, and the Ontario Cannabis Act.

 

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Managing marijuana in the workplace

The Tribunal’s helpful statement in this case that an employee does not have an absolute right to use marijuana in the workplace and that it would be unreasonable to expect an employer to formally test an employee to determine the level of impairment before it could raise health and safety concerns should provide employers with some reassurance.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with social insurance numbers, Bill C-46 and scent-free policies in the workplace.

 

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