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Ontario Ministry of Labour

Increased enforcement of occupational health and safety coming to an Ontario worksite near you

The safety of workers is governed by the Ontario Occupational Health and Safety Act. The Ontario Ministry of Labour is responsible for ensuring compliance with the provisions of that Act by employers in the province. The Ministry’s activities have increased dramatically in the last two years with the hiring of 42 new inspectors. This has resulted in…

 

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The legality of unpaid internships in Ontario

We’re pleased to present lawyer Andrew Langille of Youth and Work on what the law in Ontario says about unpaid internships. Here, Andrew focuses on the impact of unpaid internships on interns themselves, but organizations and businesses that use or hope to use unpaid interns must pay attention. It is crucial to know whether your intern is legally an intern (and therefore not subject to Ontario’s Employment Standards Act), or actually an employee. And the answer might surprise you.

 

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What’s wrong with this picture? Settlement excludes amount of vacation pay owing

In Ontario, employers owe vacation pay on employee wages. Wages are defined in section 1 of the Employment Standards Act to include “any payment required to be made by an employer to an employee.” Here is where it gets tricky. In Ontario, the employment standards may require two separate types of payments to an employee who is terminated without cause.

 

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Internships and the law

You might have heard or read something in the past few months about internships—their status with respect to employment standards and whether it’s even legal to employ such workers without paying them. It’s no small issue. Many organizations rely on unpaid interns to do work for which they can’t afford to hire an employee proper…

 

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

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

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

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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Independent contractors are regularly employed for purposes of OHSA

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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Ergonomics health and safety inspection blitz starts in September

According to the Ontario Ministry of Labour and the Workplace Safety and Insurance Board, Musculoskeletal disorders (MSDs) are the leading cause of lost-time injuries in the province. That is why, from September 15 to November 15, 2010, the Ministry of Labour will hold a workplace safety inspection blitz that focuses on MSD hazards in all sectors…

 

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Scaffolding accident involving migrant workers: charges with fines of up to $17,000,000

The Ministry of Labour just laid charges carrying fines of up to $17,000,000 against two companies that ran and supplied a platform that collapsed last year. There were also charges against executives and supervisors that could carry fines and time in jail.

 

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The ‘Ministry’ will investigate complaints of harassment… Really??!!

As a human rights advisor and educator I was encouraged to overhear this educational conversation about harassment at Tim Hortons. I was concerned however that part of the message this group was hearing was incorrect and misleading.

 

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Upcoming workplace violence and harassment inspections

Ontario Ministry of Labour health and safety inspectors discuss employers’ responsibilities around workplace violence and harassment…

 

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MOL proactive health and safety inspections really do happen

To our great surprise, First Reference recently got a visit from an Ontario Ministry of Labour Occupational Health and Safety Inspector. I knew we had nothing to worry about; however, it is still unnerving when an inspector comes knocking at the door…

 

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Employment standards changes: Bill 68, Open for Business Act, 2010

On May 17, 2010, the Ontario government tabled Bill 68, Open for Business Act, 2010. The aim of the Bill is to…

 

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New health and safety measures for the construction industry

On May 13, 2010, the Ontario government announced new measures to increase safety in the construction industry. These measures are a result of past enforcement inspection blitzes at construction worksites.

 

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