A recent decision from the Ontario Court of Appeal stands for the principle that with respect to sentencing under the Occupational Health and Safety Act (OHSA), you will not receive any credit for doing something you were ordered to do.
In Ontario (Labour) v. Flex-N-Gate Canada Company, 2014 ONCA 53, the employer was convicted of two offences under the OHSA for failing to properly transport metal sheets with a forklift, which resulted in the injury to a worker’s foot. Following the accident, the Ministry of Labour issued two orders involving the movement of material, which the … Continue Reading
An employee’s right to ensure workplace safety versus an employee’s right to privacy – these competing rights have been present in the workplace for many years. On one hand, employers must be able to adopt policies to protect their workforce and abide by statutory health and safety obligations. On the other hand, employees expect that they will not be subject to intrusive policies that unreasonably infringe on their privacy expectations.
In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited, the Supreme Court of Canada (SCC) recently weighed in on how to balance … Continue Reading
The Ontario Court of Appeal recently released its decision in Blue Mountain Resorts Limited v. Ontario (Labour), 2013 ONCA 75, overturning a Divisional Court decision (2011 ONSC 3057) on the duties of employers and contractors under the Occupational Health and Safety Act (OHSA) to report a death or a “critical injury” to the Ministry of Labour (Ministry). Our previous piece on the onerous requirements on employers resulting from the Divisional Court decision can be found here.
In this case, a guest of Blue Mountain Resorts drowned in the resort swimming pool. The Divisional
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