On June 14, 2013, the Supreme Court of Canada released its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd. In this much anticipated decision, the Supreme Court clarified the law regarding random alcohol and drug testing in safety-sensitive, unionized workplaces, finding that universal random testing will…
Practice Area: Occupational Health
New Federal Regulations Proposed for Health and Safety Committees/Representatives
On June 8, 2013, the federal government published proposed Policy Committees, Work Place Committees and Health and Safety Representatives Regulations (“Regulations”) made under the Canada Labour Code (“Code”). The proposed Regulations would replace the Safety and Health Committees and Representatives Regulations (“SHCRR”) to align the Regulations with amendments made to the Code in 2000, which…
Parts of Ontario College of Trades and Apprenticeship Act, 2009 to Come into Force April 8, 2013
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…
Ontario Launches Consultation on Development of Occupational Health and Safety Strategy
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
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
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…
Ministry of Labour to Target Industrial/Construction Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz in the months of February and March which will target industrial and construction workplaces. MOL inspectors will conduct inspections relating to slip, trip and fall hazards. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
Ministry of Labour to Target Health Care Workplaces for Safety Inspections
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…
Safety Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has announced that three workplace enforcement blitzes targeting workplace hazards will be conducted by MOL Inspectors this winter: January/February: underground mines will be inspected to check hazards that may affect air quality; February/March: industrial and construction workplaces will be checked for slips, trips and fall hazards; and February/March: health…
New Mandatory Health and Safety Training Regulation Proposed under OHSA
The Ontario government has proposed a new regulation to be made under the Occupational Health and Safety Act (“OHSA”), further to the recommendation of the Expert Advisory Panel in 2010 that programs for mandatory health and safety awareness training be developed for Ontario workplaces. The proposed regulation would apply to all workplaces currently covered by…