A recent amendment to the Construction Projects Regulation under the Occupational Health and Safety Act (Act) requires that construction projects install and maintain an Automated External Defibrillator, and the necessary accessories to use the machine. A defibrillator, or “AED,” is a life-saving device which can be used to treat sudden cardiac arrest. While training is…
Category: Health and Safety
Ontario Court of Appeal Grants Leave to Appeal Acquittal in Benevides Decision, Opening Door to Expanded Workplace Safety Liability for Incidental Construction Workers
On June 9, 2025 the Ontario Court of Appeal released its decision in Ontario (Labour, Immigration, Training and Skills Development) v. Benevides, granting leave to appeal the provincial offences appeal judge’s decision to the Court of Appeal. Background This case stems from a construction site incident that occurred in April of 2020 where eight spools…
Supervisor Found Criminally Negligent and Sentenced to Five Years in Prison Following a Vehicle Collision Resulting in Driver’s Death
A recent decision serves as a reminder that supervisors’ actions—and inactions—regarding workplace safety are subject not only to the OHSA but also to the Criminal Code. In this Case in Point, Hicks Morley’s Artimes Ghahremani shares the Court’s analysis and key takeaways for supervisors.
Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions
In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
From Tweets to Termination: A University Professor’s Controversial Online Conduct
In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict. In Board of Governors…
Worker’s Compensation Updates for Ontario and British Columbia
The Ontario Workplace Safety and Insurance Board (WSIB) and WorkSafeBC have made the following changes that may be of interest to employers. Ontario The WSIB has made changes to accident reporting timelines and the determination of average earnings for apprentices. Specifically, Operational Policy Manual 15-01-02 (Employers’ Initial Accident-Reporting Obligations) and Operational Policy Manual 11-02-01 (No…
Reminder: Naloxone Kit Requirements Effective June 1, 2023
As we reported previously, amendments to the Occupational Health & Safety Act in Bill 88, Working for Workers Act, 2022, which require certain employers to have a naloxone kit in the workplace, have been proclaimed into force effective June 1, 2023. On December 9, 2022, the Ontario government filed O. Reg. 559/22: Naloxone Kits, which…