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Posts Tagged ‘occupational health and safety act’

The offices of the worker and employer advisers: potential changes on the way

Friday, January 6th, 2012

The Ontario Ministry of Labour has recently proposed a new regulation under the Occupational Health and Safety Act that would prescribe certain functions of the Office of the Worker Adviser and the Office of the Employer Adviser in regard to worker complaints of reprisals by employers under section 50 of the Act. What does it really mean?

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Tags: Bill 160, consultations, employment law, occupational health and safety act, Office of the Employer Adviser, Office of the Employer Advisor, Office of the Worker Advisor, ontario, Ontario Ministry of Labour, public consultation, regulation, reprisal, reprisals, Section 50 of OHSA, wsib
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Important lessons for employers and lawyers on workplace harassment investigations

Friday, November 18th, 2011

A hospital employee faced complaints of workplace harassment from co-workers, and the hospital imposed discipline on him, including a demotion. The employee’s union subsequently filed a grievance with the labour relations board. The hospital retained the services of an independent outside investigator who was also a practicing lawyer. When the union requested access to the investigation report, the hospital claimed solicitor-client privilege, and refused to hand it over…

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Tags: access to documents related to the investigation, Bill 168, bullying, employment law, grievance, harassment complaint, investigation report, investigator, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Board, reprisal, solicitor-client privilege, third-party investigator, workplace harassment, workplace harassment investigations, workplace investigation
Posted in Health and Safety, Human Resources, Union Relations | Make a Comment »

Landmark decision gives insight into workplace harassment and employer reprisal

Friday, October 21st, 2011

The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.

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Tags: Bill 168, compliance, discipline, employment law, harassing email, occupational health and safety act, OHSA, ontario, reprisal, right to refuse work, risk assessment, termination, termination for cause, termination for harassment complaint, vexatious comment or conduct, whistleblowing, workplace harassment, workplace harassment investigation, workplace violence
Posted in Employee Relations, Finance and Accounting, Health and Safety, Human Resources, Human Rights, Internal Controls | Make a Comment »

Employers must now treat verbal threats as serious offences under the OHSA’s definition of workplace violence

Wednesday, September 14th, 2011

A recent labour arbitrator’s decision—to uphold the City of Kingston’s right to terminate a 28-year employee for issuing a verbal threat against a co-worker—was based in large part on the arbitrator’s view that “the classification of threatening language as workplace violence” under the Occupational Health and Safety Act represents a “clear and significant change” to the law in Ontario.

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Tags: Bill 168, employment law, inappropriate language, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Act, proportionality, safe workplace, security, termination for cause, threat, threat of violence, uttering threats, verbal threats, violence, workplace harassment, workplace investigation, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights, Internal Controls | 2 Comments »

Occupational health and safety missteps often cost workers their lives

Tuesday, September 13th, 2011

Nova Scotia is a wondrous place full of amazing–and dangerous–places. I visited “Canada’s Ocean Playgound” this summer and came home with a renewed appreciation for labour history and the reality that occupational health and safety missteps often cost workers their lives.

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Tags: Accidents, Due diligence, employment law, health and safety standards, Miners, Mining, Mining operations, Nova Scotia, occupational health and safety, occupational health and safety act, occupational health and safety missteps often cost workers their lives, policies and procedures, policy, workplace
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Cyber-libel and the quest for information about workplace bullying

Tuesday, July 26th, 2011

Without any question whatsoever it is smart for organizations and those who manage them to address issues of workplace bullying. It is not only smart but, since about this time last year, it is the law!

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Tags: bullying, cyber-libel, employment law, harassment, incidents of harassment in the workplace, occupational health and safety act, workplace bullying, workplace harassment
Posted in Employee Relations, Health and Safety, Human Resources | Make a Comment »

Workplace violence and privacy: what’s the connection?

Tuesday, June 28th, 2011

So here’s a question to ask yourself—what are your legal obligations under Ontario law when you see an online photo of your worker committing violent acts?

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Tags: 12th Annual Ontario Employment Law Conference, Bill 168, employment law, facebook, harassment, health and safety, Kelly McDermott, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, Rioting, social media, Stanley Cup playoffs, Stringer Brisbin Humphrey, termination, twitter, workplace harassment, workplace violence, wrongful dismissal
Posted in Conferences, Health and Safety, Human Resources, Privacy and Security | Make a Comment »

Slaw: Reporting of critical injury or fatality of a non-worker: The Blue Mountain case

Thursday, June 9th, 2011

A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ontario Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act? According to a decision by the Ontario Labour Relations Board (OLRB), the answer is “yes”. On May 18, 2011, the Divisional Court…

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Tags: assess and investigate the hazards that caused the critical injury to occur, Blue Mountain, Divisional Court of the Ontario Superior Court of Justice, hazard assessment, injuries to guests must be reported, ministry investigation, non-work injuries or fatalities, obligation to report, occupational health and safety act, Ontario Labour Relations Board, Ontario Ministry of Labour, Reporting of critical injury or fatality of a non-worker, risk assessment, workplace investigation
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Sweeping occupational health and safety bill passes in Ontario – impact on employers

Wednesday, June 1st, 2011

The Ontario Legislative Assembly passed Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 by a vote of 79–0. Most provisions of the Bill will take effect when it receives royal assent sometime in June. However, some sections will take effect on either April 1, 2012, or a date set by the lieutenant-governor, whichever is earlier.

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Tags: accident/injury prevention, Bill 160, Chief Prevention Officer, Code of practice, employee or management certified member, employment law, Health & Safety Representative, Health and Safety Associations, joint health and safety committee, Labour Relations Board, mandatory training and certification standards, Ministry of Labour, Ministry of Labour inspector, occupational health and safety act, ontario, reprisal complaints, the Occupational Health and Safety Statute Law Amendment Act, Workplace Safety and Insurance Act, Workplace Safety and Insurance Board
Posted in Health and Safety, Human Resources | 2 Comments »

Bill 168, workplace violence and harassment provisions in OHSA – A year in review – Learn the latest

Wednesday, May 25th, 2011

Nearly one year ago, the Ontario government enacted Bill 168, which added workplace violence and harassment provisions to the Occupational Health and Safety Act. Many employers were ready, but many are still scrambling to comply, which, among other things, includes developing written policies to address both violence and harassment at work and to review those policies at least once a year.

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Tags: Bill 168, Due diligence, employment law, measures and procedures, MOL inspections, non-compliance, occupational health and safety act, OHSA, Ontario Ministry of Labour, policies and programs, risk assessments, training, Training of employees, workplace harassment, workplace violence, workplace violence and harassment, written policies
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Listen to your employees and reduce your workload!

Tuesday, May 24th, 2011

The Occupational Health & Safety Act (OHSA) requires that when conducting a workplace violence risk assessment you take into account both the nature of your workplace and type of work you perform…

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Tags: Bill 168, canadian employment law, employment law, harassment and violence policy, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, risk assessment, safety, training, training workshops, workplace violence, workplace violence risk assessment
Posted in Employee Relations, Health and Safety, Human Resources | Make a Comment »

Preventing injury and deaths of the scaffolding workers

Friday, May 20th, 2011

Last August, I told you about the horrific scaffolding accident where five workers fell 13 storeys from an apartment building on Christmas Eve 2009. Four died and one suffered serious leg and spinal injuries. At this point, we must learn from this accident in order to ensure it never happens again.

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Tags: accident prevention, bodily harm, Canadian Occupational Safety Magazine, criminal charges, criminal code, criminal negligence causing death, fatality, injury, Ministry of Labour, occupational health and safety act, ontario, safety training, Scaffold safety tips, scaffolding
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Don’t sweep harassment under the carpet

Tuesday, May 10th, 2011

Occupational health and safety law and human rights law both prohibit reprisals, threats and intimidation against a person for exercising their rights. Employers can be liable for stiff financial penalties for permitting this unacceptable behaviour…

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Tags: allegations of abuse, Bill 168, canadian employment law, complaint process, employment law, harassment, human rights code, intimidation, occupational health and safety, occupational health and safety act, Ontario Human Rights Tribunal, policies and procedures, prevention, reprisals, threats, unacceptable behaviour, workplace harassment, workplace harassment and violence, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 1 Comment »

Independent contractors are regularly employed for purposes of OHSA

Friday, January 21st, 2011

The Ontario Court of Appeal just rendered an interesting decision regarding whether independent contractors are to be counted when determining the need to establish and maintain a joint health and safety committee pursuant to subsection 9(2)(a)of Ontario’s Occupational Health and Safety Act.

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Tags: Court of Appeal, employment law, independent contractors, JHSC, joint health and safety committee, occupational health and safety act, OHSA, ontario, Ontario Ministry of Labour, regularly employed, training, truck drivers, workplace
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Workplace violence and harassment training

Thursday, December 9th, 2010

I guess I’m lucky never to have experienced harassment at work and I certainly never expect to at my current job—unless you count some gentle ribbing at the annual croquet tournament. But nevertheless, First Reference recently had its first mandated workplace violence and harassment training session to educate me and my co-workers on the company’s new mandated policies.

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Tags: canadian employment law, employment law, harassment prevention training, manitoba, occupational health and safety act, ontario, psychological harassment, Quebec, racism, Saskatchewan, workplace harassment, workplace harassment policy, workplace harassment prevention, workplace harassment prevention guide, Workplace Safety and Health Regulation, workplace violence
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