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occupational health and safety act

What to do when the MOL comes calling

This blog discusses a group of orders that a MOL inspector recently imposed on a small employer after an employee complained that she had been harassed at work.

 

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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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Workplace health and safety law and partisan political arguments

workplace partisan political arguments

In March, a discussion was posted with respect to how workplace political expression could go awry with human rights law. The article also provided some best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. This following discussion, “Part 2”, addresses how workplace political expression could also contravene harassment provisions under occupational health and safety legislation.

 

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Workplace instant messaging: Information overload

We all know that social media, electronic communications and the online world has changed how we interact socially. Who has the patience to leave a voice message for a friend about a restaurant meeting place, let alone listen to one? That’s what instant messaging is for. Short, efficient and no small talk. But, does this efficient communication work in the workplace?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employment agreement not signed before the first day of work; a volunteer in a coma who willingly assumed risks of the task that caused his injury; and the electronic distribution of T4 information slips.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Whether an employee may deduct the cost of a basic cellular service plan; just cause to fire an employee for forging signatures on sick notes; and employer violation of health and safety legislation after failing to take precautions after employee complaint.

 

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Guide to recent noise regulation released

Noise is a serious health hazard, and if worker exposure is not eliminated or controlled, it can cause permanent hearing loss, physical and psychological stress, reduced productivity, and significant interference with communication causing further accidents and injuries. The Ontario Ministry of Labour has released a revised noise guideline in December 2016 to accompany Ontario Regulation 381/15. Regulation 381/15, effective July 1, 2016, sets out requirements for noise protection in all workplaces in the province.

 

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Additional employer obligations? Domestic and sexual violence

As of the writing of this blog, Bill 26 has passed second reading and is before the Standing Committee on the Legislative Assembly for consultation and, so it remains to be seen if the above changes will come into force. That said, with the recent legislative attention on protecting employees with respect to sexual harassment and violence, it is likely that employers may soon need to revisit their policies and programs to account for domestic and sexual violence.

 

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Why is domestic violence more often becoming a workplace responsibility?

domestic-violence

It is understood that domestic violence has been known to effect employees at work in a number of ways; a recent study shows that the problem is widespread.

 

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Employee did not have right to delay work refusal investigation

The Ontario Labour Relations Board recently dismissed an application where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work. Why? The employee did not have the right to delay the employer’s investigation of her work refusal, to wait until her preferred union representative completed a personal matter and attended at the workplace.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work; an FAQ that addresses employee privacy; and changes to the express entry program which came into force on November 10, 2016.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee who was told to quit if she felt unsafe; current and 2017 payroll rates; and the introduction of a new Bill to cover physical size and weight in human rights legislation.

 

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Termination deemed reprisal for refusing unsafe work

In the recent decision Podobnik v. Society of St. Vincent de Paul Stores (Ottawa) Inc., the Ontario Labour Relations Board (OLRB) held that the Employer had reprised against the Employee when it terminated her employment after she had exercised her rights under the Occupational Health and Safety Act (OHSA) to refuse unsafe work. The OLRB did not agree that the termination was the result of an legitimate organizational restructuring. Rather, it held that the Employee’s termination was motivated “at least in part” as a reprisal against her for exercising her rights under the OHSA in the weeks preceding her termination.

 

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Do you have what it takes? A look at corporate leadership

Are all managers good leaders and teachers? This question brings us to the concept of corporate leadership that highlights the role of effective leadership in the growth and success of an organization. Managers need to possess leadership skills like planning, organizing, delegating and effective communication. Management is doing things right; leadership is doing the right thing. But when the line between the two blurs, managers become excellent leaders and leaders become effective managers.

 

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Workplace investigations that are required or recommended

Until the last few years formal workplace investigations were relatively uncommon. Recent changes to the law however have totally changed the legal landscape relating to workplace investigations. To reduce legal exposure and save costs, I believe most employers should ensure that at least one employee receives workplace investigation training. This blog discusses four scenarios where workplace investigations are required or recommended.

 

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