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,…

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…

Ontario Proposes Regulatory Amendments to Prohibit Use of Medical Marijuana Vaporizers in Workplaces

On March 10, 2016, the Ontario government introduced Bill 178, Smoke-Free Ontario Amendment Act, 2016. If passed, Bill 178 would amend the Smoke Free Ontario Act to provide for prescribed products and substances, in addition to tobacco. Among other things, Bill 178 would prohibit a person from smoking a prescribed product or substance or holding…

Ontario Passes Sexual Violence and Harassment Bill

On March 8, 2016, the Ontario government passed Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, as amended by the Standing Committee on Social Policy. Bill 132 amends various statutes with respect to sexual violence and harassment, domestic violence and other matters. In addition to…

PTSD Bill Passes Second Reading

On March 3, 2016, Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, passed second reading and was referred to the Standing Committee on Social Policy. As previously reported, if passed, Bill 163 will, among other things, amend the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation…

Ontario Introduces Legislation Creating Statutory Presumption of Work-Relatedness for First Responders Diagnosed with PTSD

On February 18, 2016, the Ontario government introduced Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder) 2016, amending the Workplace Safety and Insurance Act, 1997 (“WSIA”) and the Ministry of Labour Act.