On April 20, 2026, Ontario made a series of changes which will impact construction projects and workplaces handling Designated Substances. These changes introduce Type 2 headwear requirements on construction projects, impose new, detailed training requirements for workers operating mobile elevating work platforms, and integrate certain CSA/ANSI standards into Regulations made under the Occupational Health and…
Category: Health and Safety
Criminal Negligence Convictions Following Workplace Fatality Send Clear Message to Employers
R. v. J. Cote and Son Excavating Ltd., 2025 BCSC 2540, a recent decision of the British Columbia Supreme Court, serves as a stark reminder that workplace safety failures can give rise to criminal liability for employers. In this decision, an employer was found guilty of criminal negligence causing death and criminal negligence causing bodily…
Ontario Launches Canada’s First Occupational Exposure Registry Self-Tracker
Ontario has launched Canada’s first Occupational Exposure Registry. This timely analysis from Nadine Zacks helps employers understand the registry’s scope, purpose, and limits within Ontario’s existing health and safety framework.
Live-Saving Defibrillator Device Required on Construction Projects in 2026
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…
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…