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…
Tag: Occupational Health and Safety Act (OHSA)
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…
OHSA Designated Substances, Exposure Limits Regulations Amended
On June 12, 2012, the Ontario government filed two regulations under the Occupational Health and Safety Act. O. Reg. 148/12 (Designated Substances) adds “or to a physician designated by the Provincial Physician” to subsections 30(2) and 31(2) of O. Reg. 490/09, effective immediately. It further substitutes a new Table 1 (Exposure Limits) prescribing Agents and…
Ontario Employers Required to Post New OHSA Poster
The Ontario government has announced that employers are now required to post a new workplace poster, “Health & Safety at Work – Prevention Starts Here,” pursuant to their obligations under the Occupational Health and Safety Act. This requirement will be enforced by Ministry of Labour inspectors beginning on October 1, 2012. The poster was developed…
2011 Fall Issue
FOCUS ON OTTAWA Deep roots:10 years in Ottawa LEGAL DEVELOPMENTS Training 101 PROFILE French Connection Download PDF
Ontario Bar Association Publishes Article by Thomas Agnew
An article by Hicks Morley’s Thomas Agnew was published in the Labour and Employment Law section of the OBA’s June 2011 newsletter. In an article entitled, “Expanding the Definition of Employment Under Health and Safety Legislation” Thomas discusses the Ontario Court of Appeal’s recent decision to encompass independent contractors within the definition of “employment” under…
Blue Mountain Required to Report Non-Worker Injury
A recent decision of the Divisional Court confirms that employers and contractors are required to report a critical injury or fatality suffered by a non-worker in the “workplace” to the Ministry of Labour, regardless of whether workers were present at the time of the occurrence. In this FTR Now we consider this decision and what…
FTR Quarterly – 2011 Spring Issue
FOCUS ON PAY EQUITY Avoiding the pay equity shock GREAT MOVES Movin’ on up LEGAL DEVELOPMENTS Redefining “employee” under the Occupational Health and Safety Act Social media harms PROFILE Hospitality plus Download PDF
Consolidated “Confined Spaces” OHSA Regulation Filed
On March 29, 2011, the Ontario government filed amendments to Regulation 632/05 (Confined Spaces) that come into force on July 1, 2011. O. Reg. 95/11 will effectively consolidate regulatory requirements relating to confined spaces from various other regulations into the existing Regulation 632/05, including those applicable to industrial establishments, construction projects, healthcare and residential facilities…