In this FTR Now, which focuses on health and safety issues, we discuss two recent cases from the Ontario Court of Justice which suggest that there should be a shift in the approach to sentencing corporations convicted under the Occupational Health and Safety Act (OHSA).
Tag: Safety Inspections
Labour Notes® Newsletter Features Article by Nadine Zacks on the Supreme Court Decision Regarding Canada Labour Code Safety Inspections
The January 28, 2020 issue of Labour Notes® features an article authored by Hicks Morley lawyer Nadine Zacks. This article explores one of the complications within the Canada Labor Code and the recent resolution of the Supreme Court that gives a clear parameter to employers as far they are legally responsible in relation to work locations and gives an overturn to the decision of the Federal Court that imposed unmanageable and impractical obligations.
Supreme Court of Canada: Work Place Safety Inspections Under Canada Labour Code Only Apply to Work Place Over Which Employer Has Control
The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.