Workplace accident
June 25, 2019 Stringer LLP Health and Safety, Human Resources,
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.
breach of the safety rules, employment law, Health and Safety program, health and safety system, safety program, safety systems, Workplace accident
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.
best work practices and systems, employment law, human error, human interaction, individual abilities, job assessment, preventing occupational accidents, safety in the workplace, safety program design, skilled workforces, work environment, Workplace accident
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.
EI benefits, employment law, loss of earning (LOE) benefits, modified work suitable for the worker’s restrictions, pre-existing condition, re-employment obligation, record of employment, ROE, suitable modified work, workers compensation, Workplace accident, WSIB case manager, WSIB claim costs
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.
#Learnthelatest, 17th Annual Ontario Employment Law Conference, accident scene, employment law, liability, Ministry of Labour, occupational health and safety act, procedural orders, prosecution, substantive orders, Workplace accident, workplace investigation, written report
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.
Accident Employer, Canadian Human Rights Act, concurrent employer, duty to accommodate, employment law, human rights code, loss of earnings (LOE) benefits, reducing your WSIB costs, undue hardship, Work Reintegration and Re-Employment, work-related accident, Workplace accident, Workplace Safety & Insurance Act, wsib, WSIB benefits
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.
Canadian Human Rights Act, criminal negligence causing death, discrimination, eldercare, eldercare obligations, employment law, family status, HR Law, HRinfodesk, pay in lieu of notice, termination pay in lieu of notice, termination without notice, wilful misconduct, Workplace accident
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.
discrimination, employment agreement, employment contract, employment law, fixed-term contract, grievance, harassment, Jail sentence, occupational health and safety, Workplace accident, workplace fatality, workplace injury
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.
Bill C-45, company director fined, criminal and occupational health and safety charges, Due diligence, employment law, failing to take all reasonable, good engineering practice, Metron Construction, Ministry of Labour, platform, Provincial Offences Act, supervisor, Swing N Scaff Inc., Victim Fine Surcharge, Workplace accident, workplace fatalities
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.
address performance issues, appropriate amount of notice, breach of the safety rules, canadian employment law, Cardinal Rules, cause for dismissal, comprehensive safety program, discipline, employee investigating the incident, employee misconduct, employment law, entitlement to notice, failing to report the incident, failure to report the error, incident, investigations of the allegations, machinery had to be locked out, obvious hazard to the workers, pay in lieu of notice, policies and procedures, Proving cause, Reporting of workplace accident, safety rules, summary dismissal, termination, terminations, unenforced safety rules, violation of the company’s safety rules, willful misconduct, Workplace accident, workplace investigation
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.
2013 Ontario Employment Law Conference, accident investigation, aftermath of a workplace accident, Charter, Charter of Rights and Freedoms, Dealing effectively with OHS inspectors, employment law, employment lawyer, high fines and fine surcharges, investigations for the purpose of pursuing charges in court, Lootawan and Haniff, Ministry of Labour inspectors, molesting or interfering with the Inspector, obstructing, occupational health and safety act, OHS inspectors, ontario, Ontario (Ministry of Labour) v. JR Contracting Property Services, reasonable and probable grounds, right to remain silent, routine inspections, Ryan Conlin, Stringer LLP, warrantless search and seizure, Workplace accident
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.
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
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 […]
Accident in the Course of Employment, civil suit, employment law, in the course of employment, injury in parking lot, ontario, the employer exercised any degree of control over the area, workers’ compensation, Workplace accident, Workplace Safety and Insurance Board, Workplace Saftety and Insurance Appeals Tribunal, wsib, WSIB policies
My employer denied me the right to have a support person present at a meeting with HR regarding an investigation into workplace bullying and psychological... – Feb 02, 2:14 PM
Which is more practical, absolutely no office romance policy or allowed but need to disclose? IMO, the need to disclose, while accommodating, complexity and unnecessary... – Dec 15, 1:39 PM
