Clearing the path for a future decision which is likely to provide further clarity on an employer’s health and safety obligations, the Alberta Court of Appeal has granted an employer’s application for leave to appeal in R. v. XI Technologies, in which it was found liable under the Alberta Occupational Health and Safety Act (“OHSA”)…
Practice Area: Occupational Health
Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration
An arbitrator recently affirmed that a grievor is not entitled to monetary damages under a collective agreement where that grievor has received benefits from the Workplace Safety and Insurance Board (“WSIB”) in respect of the accident for which damages are claimed. Arbitrator Howe considered section 26(2) of the Workplace Safety and Insurance Act (“WSIA”) and…
First Aid Training Regulatory Amendments under Canada Labour Code Registered
On December 7, 2012, Regulations Amending Certain Regulations Made under the Canada Labour Code were registered. Among other things, the Regulations are intended to simplify the first aid training available to employees subject to federal jurisdiction through the following amendments to the Canada Occupational Health and Safety Regulations: the definition of “approved organization” will now…
Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013
As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…
Changes Made to the WSIB Appeals Process
On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…
Enjoying a Safe Holiday Office Party
Once again, the holiday season is upon us and it is that time of year when employers begin to plan for seasonal and holiday celebrations. Whether these celebrations are large or small, it is important that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other…
2012 Fall Edition
FOCUS ON 40TH ANNIVERSARY A “client first” culture – 40 years of Hicks Morley excellence LEGAL DEVELOPMENTS Recent case imposes Criminal Code fines for workplace health and safety violations Healthy email use for corporations: Ten tips PROFILE Covering all the bases Download PDF
Hicks Morley Introduces Case Law Blog
Hicks Morley is pleased to announce the launch of Case In Point, a blog designed to provide human resources professionals with timely information about interesting case law developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. BACKGROUND In 2010, Hicks Morley launched Human Resources Legislative…
Appeal Heard in Blue Mountain OHSA Critical Injury Reporting Case
The Ontario Court of Appeal heard oral arguments in the Blue Mountain Resorts Ltd v. Ontario appeal on September 27, 2012. The issue in that case centres on the determination by the Ontario Labour Relations Board that a hotel guest’s drowning in the hotel swimming pool was reportable under the Occupational Health and Safety Act,…
October 1 Deadline to Display New Health and Safety Poster
Ontario employers must find room on their bulletin boards by October 1, 2012 to display a new Ministry of Labour poster entitled “Health and Safety at Work: Prevention Starts Here.” The poster was developed in response to a recommendation of the Expert Advisory Panel to review Ontario’s occupational health and safety system and summarizes key…