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

Tag Archives: workplace safety

New Paid and Unpaid Leaves Proposed for Ontario Employees

Posted in Accommodation, Accommodation, Leaves of Absence, Occupational Health and Safety, Sexual Violence, training

Last month, the Government of Ontario introduced two bills which would provide for new leaves under the Employment Standards Act, 2000 as well as new training obligations under the Occupational Health and Safety Act.

Leave proposed for grieving parents

On March 8, 2016, the Government introduced Bill 175, Jonathan’s Law (Employee Leave of Absence When Child Dies), 2016. Under Bill 175, an employee who has been employed by his or her employer for at least six consecutive months will be entitled to a leave of absence without pay of up to 52 weeks if a child of the … Continue Reading

Combatting Sexual Harassment in the Workplace: Formal Measures Required by September 2016

Employers required to have new and updated workplace harassment policies, procedures and training in place by September 8, 2016.

Posted in Investigations, Occupational Health and Safety, Policies, Sexual Harassment, Sexual Violence

As we wrote about late last year, the Government of Ontario has moved forward with its plan to address sexual violence and harassment. Last week, Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, received Royal Assent.

While Bill 132 amends various legislation, employers should pay particular attention to the changes to the Occupational Health and Safety Act which aim to bolster employee protection from workplace harassment. These changes impose a September 8, 2016 deadline on employers that requires them to address the following:

  • Review (and if necessary, amend)
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Sexual Harassment in the Workplace: Not just a human rights issue, but safety as well

Posted in Occupational Health and Safety, Policies

New legislation will require employers to revise their workplace harassment policies, procedures and training by Summer 2016

Earlier this year, we wrote about the Government of Ontario’s plan to address sexual violence and harassment in Ontario.  By way of update, Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 proceeded to second reading on December 2, 2015. Having only been introduced a month ago, this indicates that the Ontario Government is quickly moving forward with that plan.

Most important for employers are the amendments to the Occupational Health Continue Reading

Following an OHSA Order is not a Mitigating Factor in Sentencing

Posted in Litigation, Occupational Health and Safety, Policies

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

Employer’s Random Alcohol Testing Policy Constitutes Unreasonable Invasion of Employees’ Rights to Privacy

Posted in Employment Standards, Labour Relations, Occupational Health and Safety, Termination

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

Ontario Court of Appeal Rules “Sometimes a Swimming Pool Is Just a Swimming Pool”

Posted in Litigation, Occupational Health and Safety

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.

Brief Overview

In this case, a guest of Blue Mountain Resorts drowned in the resort swimming pool. The Divisional

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