Workplace accident

Court rejects Ministry of Labour’s attempt to assume breach of OHSA in face of strong safety program

June 25, 2019 Stringer LLP Health and Safety, Human Resources, 1

A recent case goes to show that a failure by the Crown to show that an accident resulted from a breach of the Act, combined with a strong employer safety program, can result in an acquittal.

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Human factors influencing safety in the workplace

June 21, 2016 Beyond Rewards Inc Employee Relations, Health and Safety, HR and Technology, HR Policies and Procedures, Human Resources, International HR Law, Training and Development, Union Relations

Safety is expensive, but an accident is even more costly. All organizations, all business owners, all managers, supervisors and workers in all workplaces need to understand the effect of work performed on the human body and how we influence the demands of the work we do through human interaction. Both of these things relate to the correlation between the worker and the demands of the work they do, known as ergonomics and human factors.

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Proper HR practices can save needless WSIB claim costs

June 14, 2016 Clear Path Employer Services Employee Relations, Health and Safety, HR Analytics, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

There are a lot of moving parts when managing a WSIB claim, especially one that has become prolonged or complex. Most employers are aware that ensuring their company is compliant with Health & Safety best practices will likely result in reduced workers’ compensation costs. The same can be said with respect to important Human Resources practices and procedures. The problem is that busy claims managers sometimes lose sight of this while they attempt to juggle all the moving pieces of a claim.

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After the accident: Pitfalls to avoid for employers after workplace accidents #learnthelatest

May 25, 2016 Stringer LLP Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Training and Development, Union Relations, Wages and Compensation

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act (the “Act”) requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

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Concurrent employment can bring WSIB claim headaches

December 14, 2015 Clear Path Employer Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Do any of your employees also work for another company? If so, things could get complicated if your worker is ever involved in a workplace accident.

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Three popular articles this week on HRinfodesk

October 8, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with wilful misconduct; family status and eldercare; and, criminal negligence causing death under OHSA.

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Three popular articles this week on HRinfodesk

March 12, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

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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Swing N Scaff Inc. and company director fined a total of $400,000 in deaths of four workers

December 19, 2014 Christina Catenacci Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines, Union Relations

Last January, I wrote about fatalities at work, and in particular, the Metron Construction and Swartz decisions. Since then, there has been some developments.

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Proving cause remains an up-hill battle

July 23, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

A recent decision of the Ontario Court of Appeal, confirming a trial decision, once again demonstrates the difficulty employers will face in satisfying courts in this province that there was cause for dismissal.

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Learn the latest! — Dealing effectively with OHS inspectors

April 24, 2013 Stringer LLP Employee Relations, Health and Safety, Human Resources

The saga of Ontario (Ministry of Labour) v. JR Contracting Property Services, Lootawan and Haniff case has finally come to its conclusion (at least on the merits). Employers would be well-advised to learn from the case how not to engage with Ministry of Labour inspectors in the aftermath of a workplace accident.

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Update: pleas regarding scaffolding incident

June 22, 2012 Christina Catenacci Health and Safety, Human Resources

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.

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Worker injured in parking lot on way to work not eligible for workers’ compensation benefits

June 1, 2012 Christina Catenacci Health and Safety, Human Resources, Payroll, Pensions and Benefits

Ontario’s Workplace Safety and Insurance Appeals Tribunal has decided that a worker was not acting in the course of employment when she slipped and fell in the parking lot of the mall where she worked. As a result, she could not access workers’ compensation benefits; however, she retained her right of action in a civil suit […]

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