Practice Area: Occupational Health

Parts of Ontario College of Trades and Apprenticeship Act, 2009 to Come into Force April 8, 2013

· 1 min read

On April 8, 2013, parts of the Ontario College of Trades and Apprenticeship Act, 2009 (“OCTAA”) will be proclaimed into force. Among other things, OCTAA creates the Ontario College of Trades (“College”). Effective April 8, 2013, OCTAA will repeal the Apprenticeship and Certification Act, 1998 and the Trades Qualification and Apprenticeship Act, thereby transferring most…

Termination of Employee Following Work Refusal Results in Finding of Reprisal

· 2 min read

The Ontario Labour Relations Board has found an employer violated the Occupational Health and Safety Act (“OHSA”) when it immediately terminated an employee instead of taking any steps whatsoever to investigate a work refusal. The employee was a probationary truck driver who had worked with the employer for three months. He felt that the truck…

Ontario Launches Consultation on Development of Occupational Health and Safety Strategy

· 1 min read

The Ontario Ministry of Labour has launched a consultation process further to the development of its first province-wide integrated occupational health and safety strategy. It has issued a consultation paper, “An Integrated Occupational Health and Safety Strategy for Ontario”, for review and comment by stakeholders. Feedback is invited on issues such as: addressing the needs…

OHSA Regulations Amended to Ensure Compliance with Ontario Colleges of Trades and Apprenticeship Act, 2009

· 2 min read

On March 1, 2013, a number of amendments to regulations made under the Occupational Health and Safety Act were filed to bring those regulations into compliance with the Ontario College of Trades and Apprenticeship Act, 2009 (“Act”). The Act will be proclaimed in force, in part, on April 8, 2013. On that date, section 103…

Court of Appeal for Ontario Clarifies Obligation to Report Injuries to Non-Workers

· 3 min read

The recent Blue Mountain Resorts decision of the Court of Appeal for Ontario has clarified the circumstances in which employers are required to report a critical injury or fatality suffered by a non-worker under the Occupational Health and Safety Act (“OHSA”). This FTR Now reviews the decision and its implications for employers. BACKGROUND On December…

Finding that Non-Worker Injury Reportable Under OHSA Overturned by Court of Appeal

· 1 min read

Today, the Court of Appeal for Ontario rendered its long anticipated decision in Blue Mountain Resorts Limited v. Ontario (Labour). It overturned a finding of the Ontario Labour Relations Board, upheld on judicial review by the Divisional Court, that the drowning of a Blue Mountain hotel guest in the hotel’s swimming pool was reportable under…

Proportionate Approach Necessary to Determine Whether Just Cause Exists

· 1 min read

The Court of Appeal for Ontario recently confirmed that a proportionate approach must be taken in determining whether a single incident of misconduct by a long-serving employee with a relatively unblemished work record should result in dismissal for cause. In Plester v. PolyOne Canada, the plaintiff failed to lock out a machine prior to working…

Ministry of Labour to Target Health Care Workplaces for Safety Inspections

· 3 min read

The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…

Ontario Court Provides Useful Guidance to Employers on Supervision and Training Obligations

· 1 min read

The Ontario Court of Justice recently overturned a trial decision which convicted an employer of various infractions under the Occupational Health and Safety Act, finding that numerous errors of law had been made. Of interest for employers is the Court’s conclusion an employer is not obligated to provide training to a worker regarding a specific…