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Construction Regulations

By Stringer LLP | 3 Minutes Read December 4, 2012

Refreshing statement on employers’ OHS due diligence obligations

As an Ontario employer, it is sometimes hard to shake the impression the standard of OH&S due diligence applied by the courts is so high that defendants are guilty until proven innocent. Our court of appeal has found employers to be “the virtual insurers” of employee health and safety.

Article by Stringer LLP / Health and Safety / Construction Regulations, Due diligence, employee health and safety, employment law, fatal injuries, general duty of employers to take “every precaution reasonable in the circumstances”, guilty until proven innocent, occupational health and safety, occupational health and safety act, Ontario Court of Appeal, Ontario Court of Justice, R. v. Thomas Fuller and Sons Ltd., reasonable precautions, standard of perfection, successfully proven the defence of due diligence, virtual insurers

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read June 22, 2012

Update: pleas regarding scaffolding incident

On Christmas Eve, 2009, four workers fell to their death at a Toronto construction site from a scaffold that did not use proper fall arrest systems. A fifth worker was seriously injured. The result: charges under both the Occupational Health and Safety Act and the Criminal Code of Canada were filed against the individuals and companies involved in the construction project.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Health and Safety / Bill C-45, Christmas Eve scaffolding deaths, construction project, Construction Regulations, criminal code, criminal negligence, criminal negligence causing death, employment law, failing to ensure a worker was adequately trained, failing to take reasonable care, guilty pleas, Metron Construction, occupational health and safety act, scaffold, Workplace accident

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