First Reference Talks

Safety and security for business travellers: a legal and moral imperative for Canadian employers

Friday, December 16th, 2011

When it comes to employee travel, the risk landscape is changing for Canadian employers. The nature and extent of security and safety risks faced by today’s business traveller are expanding, and conditions on the ground for international travellers are becoming more unpredictable. In parallel with these changes, we are witnessing a tidal wave of new occupational health and safety statutes and regulations aimed at preventing work-related violence, including recent examples in Ontario, Manitoba and Newfoundland.

Tags: all reasonable steps, business travel, civil unrest, Duty of care, earthquakes, employee group benefits, employee travel, employment law, enhanced security and medical assistance services, failure to comply, high-risk locale, international travel, medical outbreaks, natural disasters, non-compliance, occupational health and safety, OH&S, organized crime, political instability, risk management, safety risk, security risk, severe weather, tort liability, travel and extended health care insurance, travel insurance, travel risk, travel risk management, travel safety and security plan, travel-related risks, TRM
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?

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 »

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…

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 »

OHS compliance orders issued against metal company where employee crushed his arm

Friday, October 8th, 2010

I recently read an article about how the Nova Scotia Department of Labour issued seven compliance orders against a metal works company in the province after a 24-year-old worker was seriously hurt.

Tags: accident, canadian employment law, compliance orders, Department of Labour, employment law, metal company, Nova Scotia Department of Labour, Nova Socita, occupational health and safety, OH&S, workplace accidents, workplace injury, workplace investigations, young and new workers
Posted in Health and Safety, Human Resources | Make a Comment »

Managers feeling harassed by anti-harassment policies

Tuesday, June 8th, 2010

This case contains an interesting detail of particular interest to managers who feel harassed by health and safety anti-harassment policies…

Tags: anti-harassment policy, Bill 168, employment law, harassment, health and safety, Human Resources, management, occupational health and safety, OH&S, right to manage, workplace harassment prevention, Workplace Violence and Harassment: Understanding the Law
Posted in Health and Safety, Human Resources | Make a Comment »

Bill 168: Ministry of Labour releases violence and harassment guide and toolbox

Tuesday, May 4th, 2010

On May 3, 2010, the Ontario Ministry of Labour released new resource tools to help prevent violence and address harassment in the workplace in light of the new requirements under the Occupational Health and Safety Act that come into effect on June 15, 2010. The MOL workplace violence tool kit and accompanying guide are additional resources that assist employers in complying with these new requirements by helping them to:

Tags: Bill 168, employment law, harassment prevention, Ministry of Labour, occupational health and safety act, Occupational Health and Safety Council of Ontario, OH&S, ontario, violence prevention, workplace harassment, workplace harassment prevention guide, workplace violence, workplace violence prevention guide
Posted in Health and Safety, Human Resources | Make a Comment »

Bill 168 – what do you think?

Tuesday, March 23rd, 2010

Bill 168 is intended to address concerns of workplace violence and harassment in the context of health and safety. It provides definitions of both workplace violence and workplace harassment, and then requires that organizations undertake a risk assessment, draft workplace violence and harassment policies, and develop programs to implement those policies. Furthermore, Bill 168 requires training and instruction of employees regarding the new policies and programs, and creates a positive obligation on the part of employers to take reasonable precautions for the protection of workers when the employer is aware that they may be exposed to domestic violence. Bill 168 also requires that employers provide personal information to employees regarding persons with a history of violent behaviour. Finally, Bill 168 expands the existing right to refuse work, so that it now applies where there is a risk of imminent danger due to workplace violence.

Does the Bill go far enough in addressing workplace violence? Too far? How do we reconcile the reporting obligations with privacy rights?

Tags: Bill 168, canadian employment law, employment law, occupational health and safety, OH&S, OHSA, ontario, policies and procedures, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources | 2 Comments »

Employees need ergonomic awareness training also

Thursday, March 18th, 2010

The Occupational Health and Safety Act requires all employees to:

• Act in compliance with the law
• Use protective equipment and devices provided by their employer
• Report defects in equipment
• Report the existence of workplace hazards

Tags: ergonomics, ergonomics training, health and safety, occupational health and safety, OH&S, OHSA, Ontario Occupational Health and Safety Act, policies and procedures, training
Posted in Health and Safety, Human Resources | Make a Comment »

Ergonomics training for employers

Wednesday, March 17th, 2010

Ergonomics is the science of creating a proper fit between a worker and the work environment. Employers are required by law to employ ergonomic principles in the workplace in order to prevent workplace muscular skeletal disorders and also to prevent existing conditions from worsening.

Tags: ergonomics, ergonomics training, health and safety, occupational health and safety, OH&S, OHSA, policies and procedures, training, workers compensation
Posted in Health and Safety, Human Resources | Make a Comment »

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

Tuesday, March 16th, 2010

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.

Tags: Bill C-45, criminal code, occupational health and safety, OH&S, slaw.ca, workplace fatality
Posted in Health and Safety, Human Resources | Make a Comment »

Assessing risk in the workplace

Monday, March 15th, 2010

Occupational health and safety legislation across Canada requires employers to identify any existing or foreseeable hazards that might arise in the workplace, and to conduct an assessment of these various workplace hazards that employees might be exposed to, or that may arise from the nature of the workplace, and the type and conditions of the work…

Tags: Bill 168, Canada, domestic violence, harassment, hazard assessment, hazards, health and safety, occupational health and safety, OH&S, OHSA, risk assessment, risk management, violence
Posted in Health and Safety, Human Resources | Make a Comment »

Disclosing persons with a history of violence

Wednesday, January 27th, 2010

The Ontario Occupational Health and safety Act violence and harassment prevention provisions (Bill 168) require employers to provide information, including personal information, about a person with a history of violent behaviour if:

Tags: Bill 168, Bill 168 violence, disclosure of personal information, disclosure of persons with a history of violence, human rights, OH&S, OHSA, Ontario Human Rights Code, Ontario Occupational Health and Safety Act, personal information, privacy legislation, privacy rights, private sector privacy legislation
Posted in Health and Safety, Human Resources | Make a Comment »

Andrew Lawson is happy to be aboard

Monday, November 16th, 2009

I am honoured to have this opportunity to share with you my insights and ideas in the important and ever-changing area of workplace human rights and occupational health & safety. Looking forward to a lively and interactive online exchange!

Tags: canadian employment law, discrimination, employment law, health and safety, human rights, occupational health and safety, OH&S, Ontario Human Rights Code
Posted in Announcements | Make a Comment »

Introducing guest blogger Andrew Lawson

Friday, November 6th, 2009

It’s a pleasure to welcome Andrew Lawson as a guest blogger. He will be blogging about human resources, employment and labour law issues, specifically in the areas of human rights and health and safety .

Tags: Accessibility for Ontarians with Disabilities Act, Accessibility standards, Andrew Lawson, canadian employment law, employment law, health and safety, human rights, occupational health and safety, OH&S, OHSA, Ontario Human Rights Code, training, workplace training
Posted in Announcements | Make a Comment »