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reasonable precautions

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.

 

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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.

 

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