In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009. The appellant project manager…
Practice Area: Occupational Health
Appellate Court Considers Scope of an Employer’s OHSA Obligations to Protect Workers
An appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, holding that there may be circumstances where an employer is required to do more to protect its workers than what is prescribed under the regulations to the Occupational Health and Safety Act (OHSA). In Ontario (Labour) v….
Tribunal Sets Out New Test for “Danger” under Canada Labour Code
In an important decision for all federally regulated employers, the Occupational Health and Safety Tribunal of Canada (OHSTC) released its first decision interpreting the new definition of “danger” under the Canada Labour Code (Code)…
Reminder: Universities and Colleges to Have Student-Specific Sexual Violence Policies in Place by January 1, 2017
On January 1, 2017, amendments to the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 made by Bill 132 (Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015) come into force…
FTR Quarterly – 2016, Issue 3
This issue features; Bill 132 Workplace Sexual Harassment Legislation – What’s Next? and WSIB Rate Group Reform: Five Ways it Will Impact Your Business. The featured lawyer is Nadine S. Zacks and the featured group is Occupational Health…
Ontario Proposes Creation of Employer “Health and Safety Management Systems” under OHSA
On November 16, 2016, the Ontario government introduced Bill 70, Building Ontario Up for Everyone Act (Budget Measures), 2016, omnibus legislation that would, among other things, amend the Occupational Health and Safety Act (OHSA) to provide for the establishment of employer “health and safety management systems.” Specifically, the amendments would: define “health and safety management…
Reaching Out – Twelfth Edition
Even though the weather has been spring-like, we are pleased to provide our Fall 2016 edition of Reaching Out…
The Holiday Party: A Checklist for Employers
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 office parties or other celebrations…
Ontario Announces New Sexual Violence and Harassment Intervention Training for Bartenders and Servers
On September 8, 2016, significant amendments to Ontario’s Occupational Health and Safety Act (OHSA) outlined in the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) came into force…
Reminder: New Employer Workplace Harassment Obligations Now in Force
Effective today, significant reforms to the Occupational Health and Safety Act (OHSA) are coming into force which place additional duties on employers with respect to the prevention of workplace harassment. As previously reported, these changes were outlined in Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016…