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workplace fatality

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with the importance of carefully crafting employment agreement; an employer’s offensive, distasteful and inappropriate’ motivational presentation; and, OHS worker fatality.

 

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Fatalities at work: are they leading to stiffer consequences?

In the 2012 Metron Construction and Swartz decisions concerning the deaths of four workers and serious injury of a fifth worker, the Ontario Court of Justice imposed substantial fines but no jail time for the company’s president under either provincial or federal legislation. More recently, however, in R. v. Roofing Medics Ltd., which involved the fatality of one worker, the court did impose jail time on the owner of the company. Employers should take note. It’s not yet clear if the Roofing Medics case will influence future decisions, but the Ontario Court of Justice has at least shown that it is willing to impose jail time on employers that do not comply with health and safety legislation.

 

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What danger lurks between the blades of grass?

Here’s an interesting and frightening bit of information: each year in the United States, 190 landscapers die on the job. The rate of fatalities among lawn care workers is more than four times the rate for other workers…

 

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

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.

 

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