Court rejects crown’s bid to use general duty clause to impose more stringent health and safety requirements
While the scope of the Occupational Health and Safety Act is broad, it is not limitless. A recent decision from the Ontario Court of Justice held that where the nature of a workplace means that it is not required to implement a protective measure prescribed by the Regulations, the Crown cannot then successfully charge the employer with failing to reasonably protect a worker as a result of non-implementation of that same measure.
