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Bill C-45

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Alberta’s long-awaited cannabis framework, whether or not employee discounts are a taxable benefit and 2018 salary projections.

 

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Proposal to legalize marijuana: What does this mean for employers?

On April 13, 2017, Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, was introduced by the federal government in order to enact the Cannabis Act. You may be wondering, what does this mean for employers?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Amendments to the Occupational Health and Safety Awareness and Training Regulation; overview of Bill C-45 to legalize marijuana; and Budget 2017 Bill to implement employment insurance measures.

 

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Ontario court sends message of deterrence by sentencing project manager to 3.5 years imprisonment from preventable workplace fatalities

As most of you recall, on December 24, 2009, five construction workers fell from a stage swing on a residential building that was been used so that the workers could fix the concrete on the building. There were six workers on the platform but only two secure lifelines and only one of the workers had secured himself. When the platform split, four of the workers were killed and one miraculously survived the 100 foot drop albeit with serious injuries.

 

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Project manager guilty of health and safety criminal negligence in Metron Construction case

The Ontario Superior Court of Justice ruled that the Crown proved beyond a reasonable doubt that a project manager was criminally negligent in causing the deaths of four workers and bodily harm to one involved in a workplace accident. –

 

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Project manager convicted of criminal charges in Christmas Eve swing stage collapse

The tragic Christmas Eve 2009 swing stage collapse which led to the deaths of four workers and the serious injury of another at a west Toronto construction site continues to have legal repercussions and break new ground in health and safety law.

 

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Swing N Scaff Inc. and company director fined a total of $400,000 in deaths of four workers

Last January, I wrote about fatalities at work, and in particular, the Metron Construction and Swartz decisions. Since then, there has been some developments.

 

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Fine increased in Metron OHS criminal negligence causing death case

As you may recall, charges under both the Occupational Health and Safety Act and the Criminal Code of Canada were laid against the company Metron for the death of four workers at a Toronto construction site when they fell from a scaffold that did not use proper fall arrest systems. A fifth worker was seriously injured. Metron was convicted under the Criminal Code provisions that make it a criminal offence to direct a worker to perform a task without taking reasonable steps to prevent bodily harm to a worker. The trial judge fined the company $200,000 plus the Victim Fine Surcharge of 15 percent or $30,000. The Crown appealed and argued that the fine was manifestly unfit…

 

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Commentary and update on Metron and Swartz OHS and Criminal Code cases

The cases, R. v. Metron Construction Corporation, and R. v. Swartz, are now posted online and we thought you would be interested in a more in-depth commentary of these two cases.

 

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Update: pleas regarding scaffolding incident

On Christmas Eve, 2009, four workers fell to their death at a Toronto construction site from a scaffold that did not use proper fall arrest systems. A fifth worker was seriously injured. The result: charges under both the Occupational Health and Safety Act and the Criminal Code of Canada were filed against the individuals and companies involved in the construction project.

 

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Health and safety related criminal charges laid in scaffold deaths

The Toronto Star recently reported that Vadim Kazenelson, 35, of Gormley, Joel Swartz, 51, of Toronto, Benny Saigh, 52 of Toronto, and Metron Construction Corporation have each been charged with criminal negligence causing bodily harm, and four counts of criminal negligence causing death for workplace fatalities. The charges carry…

 

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Fifth worker involved in scaffolding incident sues for damages

Last week, I wrote about the incident in which five migrant workers fell 13 storeys when a platform collapsed on Christmas Eve, 2009. Four died instantly, but one survived. This fifth worker, who suffered grave injuries, has now launched a civil suit for damages.

 

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Slaw: Another attempt to lay criminal charges in a workplace fatality

A recent case has tested Bill C-45, the amendment to the Criminal Code that attached criminal responsibility to an organization or corporation for negligence related to health and safety in the workplace, and broadened the range of individuals who are subject to charges under the Code. Since the enactment of Bill C-45 on March 31, 2004, charges have been laid in just four cases, and only one resulted in a conviction. As a result, many are wondering if the enforcement of such provisions is even possible.

Read the full article on Slaw.ca.

 

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