On November 14, 2013, the Ontario government filed O. Reg. 297/13 Occupational Health and Safety Awareness and Training, a new regulation under the Occupational Health and Safety Act (“OHSA”) requiring employers to ensure workers and supervisors receive mandatory safety awareness training. In this FTR Now, we provide an overview of these new training obligations, and…
Tag: Occupational Health and Safety Act (OHSA)
Mandatory OHSA Safety Awareness Training for Workers, Supervisors
On November 14, 2013, the Ontario government filed O. Reg. 297/13 (Occupational Health and Safety Awareness Training) under the Occupational Health and Safety Act, providing for mandatory occupational health and safety training for workers and supervisors, subject to certain exemptions. The regulation revokes O. Reg. 780/94 (Training Programs). Section 5 of the regulation (Certification Training),…
Calf-Roping Fatality Case Ends in $275,000 Fine
The Alberta Court of Queen’s Bench has rendered a fine of $275,000 (including victim surcharge) against XI Technologies (“XI”) for its failure to ensure the safety of an employee who was fatally struck and injured while operating a faulty calf-roping machine which had been rented by the employer for use at a client event. This…
Reaching Out – Fourth Edition
Dear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
Ontario Court of Appeal Increases Fine to $750,000 for Christmas Eve Fatalities
In a recent decision (R. v. Metron Construction Corporation, 2013 ONCA 541), the Ontario Court of Appeal overturned the fine imposed by the Ontario Court of Justice in respect of four fatalities, and imposed a fine almost four times greater. As previously reported (August 20, 2012 FTR Now – “Court Imposes Criminal Code Fines For…
Alberta Court of Appeal Upholds Conviction in Calf-Roping Machine Case
In its decision Alberta v. XI Technologies Inc., the Alberta Court of Appeal upheld the conviction of XI Technologies in relation to the death of an employee who was operating a faulty calf-roping machine at an employer hosted-event, concluding that the employer failed to do all that was reasonably practicable to avoid the foreseeable risks…
Court Upholds Discharge for Sexual Harassment
In a recent decision, the Ontario Divisional Court found that the discharge of an employee (grievor) who had sexually harassed a co-worker was an appropriate penalty. An arbitrator’s decision reinstating the grievor had relied on irrelevant factors and therefore fell outside the range of possible defensible outcomes. The irrelevant factors considered by the arbitrator included…
Nadine Zacks Quoted in The Toronto Star
Hicks Morley’s Nadine Zacks was quoted in the June 13, 2012 edition of The Toronto Star. In an article entitled, “If you’re hurt at Blue Mountain, does it count as a workplace injury?”, Nadine comments on the language constraints imposed by Occupational Health and Safety Act. With respect to the reporting of workplace injuries, the…
Employers Must Investigate Work Refusals
A recent decision under the Occupational Health and Safety Act is a stark reminder to all employers to take any work refusal, no matter how small, seriously. The Ontario Labour Relations Board concluded that an employer failed in its obligations under the OHSA when it terminated an employee, after he refused to drive his faulty…
Termination of Employee Following Work Refusal Results in Finding of Reprisal
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…