occupational health and safety act
Three popular articles this week on HRinfodesk deal with an employer’s miscalculation of the employee’s notice period; how an Alberta employer paid the price for failing to accommodate an employee’s disabilities; and Ontario’s new mandatory occupational health and safety training.
The Nova Scotia government website publishes information on employer convictions under the Occupational Health and Safety Act and Regulations. For 2012-2013, there are 9 convictions listed to date. They include fines ranging from $1,500.00 to $77,600 plus a $5,000 alternative fine:
The Ministry of Labour has announced that its latest health and safety blitz will focus on hazards associated with recycling and waste management in the industrial and health care sectors. This blitz is part of an ongoing campaign to raise awareness and increase compliance with the provisions of the Occupational Health and Safety Act (OHSA).
The Ontario Court of Appeal has recently ruled on the issue of distracted driving caused by “holding” handheld devices in two companion decisions: R. v. Kazemi 2013 ONCA 585 and R. v. Pizzurro, 2013 ONCA 584. In both cases, the Court of Appeal has strictly interpreted the Ontario Highway Traffic Act (“HTA”) to mean that holding a handheld device while driving constitutes a breach of the statute because it results in distracted driving that should be avoided at all costs.
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…
In January, 2010, Nova Scotia introduced an administrative penalties regime through regulations made pursuant to the Occupational Health and Safety Act. This system has been controversial since its inception and the Nova Scotia Government has recently proposed significant changes.
Companies have had almost 3 years to implement violence and harassment prevention in the workplace provisions under the Ontario Occupational Health and Safety Act , OHSA (also known as Bill 168). Like other items in the OHSA, obligations on employers to prevent workplace violence and harassment with written policies and programs require ongoing commitment, training, and review. A few highlights of some of the requirements that employers with five or more employees must demonstrate include:
The saga of Ontario (Ministry of Labour) v. JR Contracting Property Services, Lootawan and Haniff case has finally come to its conclusion (at least on the merits). Employers would be well-advised to learn from the case how not to engage with Ministry of Labour inspectors in the aftermath of a workplace accident.
Think workplace safety concerns only impact employees in traditional industries? Think again. Even well-known Hollywood stars can be impacted by a lack of due diligence in their workplaces. Here are some of the celebrities who have been involved in a serious workplace accident.
The new Saskatchewan Employment Act clearly defines the rights and responsibilities of employees, employers and unions… The new Act will improve Saskatchewan’s labour legislation to better protect workers, promote growth and increase accountability
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
The Ontario Labour Relations Board has recently found a Company to be in breach of Ontario’s Occupational Health and Safety Act for failing to comply with its duties under the workplace violence and harassment provisions of the Occupational Health and Safety Act (section 32) (formerly Bill 168).
The prevention mandate at the Ministry of Labour: What WSIB and MOL transitions mean for employers in 2013
As of April 1, 2012, the Ontario Ministry of Labour (MOL) officially took over the prevention mandate from WSIB. How has this been impacting employers in 2013 and what real effects are organizations seeing? If you have any comments about this, I’d love to hear.
As an Ontario employer, it is sometimes hard to shake the impression the standard of OH&S due diligence applied by the courts is so high that defendants are guilty until proven innocent. Our court of appeal has found employers to be “the virtual insurers” of employee health and safety.