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Ontario Employer Advisor Keeping Employers Advised on Developments in Labour and Employment Law

Tag Archives: occupational health and safety

Occupational Health and Safety Legislation and Manslaughter Charges – An Important Reminder for Employers and Supervisors

Posted in Ministry of Labour, Occupational Health and Safety

On October 31, 2016, the Québec Superior Court issued its decision in R v. Fournier, concluding that a business owner’s breach of occupational health and safety legislation supports his committal to trial on a charge of manslaughter under the Criminal Code.

The circumstances leading to this decision began on April 3, 2012, when a worker replacing a sewer line in a trench died due to the collapse of the trench walls.

Mr. Fournier, the owner of the business employing the worker, was personally charged and committed to trial for (1) criminal negligence causing death under section 220(b) of … Continue Reading

The Deadline is Fast Approaching: Top 5 Items to Prepare for Bill 132 OHSA Compliance

Posted in harassment, Occupational Health and Safety, Sexual Harassment, Sexual Violence, Workplace Investigations

Navigating the complexities of workplace harassment is a challenging process for employers.  It often requires the allocation of considerable time and resources to investigate complaints and has the potential to result in significant costs to an organization if it is required to defend its actions or response to litigation.

With the changes to the Occupational Health & Safety Act (OHSA) under Bill 132 that come into effect on September 8, 2016, workplace harassment will continue to be a top priority for employers.

What has changed with Bill 132?

  • As we have outlined in a previous post, Bill 132 expands
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Mental Illness in the Workplace – Lessons from Germanwings

Posted in Human Rights, Occupational Health and Safety, Policies

My colleagues Tim Lawson and Justine Lindner recently drafted an important article titled, “Lessons from Germanwings: Identifying and Managing Mental Illness in the Workplace.”  For those not familiar, a flight by Germanwings from Barcelona to Dusseldorf crashed in the French Alps.  Evidence was released showing that the co-pilot intentionally crashed the plane.  Then, more information came to light that suggested the co-pilot suffered from a mental illness and that he may have not been fit to fly.

As many human resources professionals already understand, identifying and accommodating mental illness is extremely difficult to manage in the workplace.  The … Continue Reading