In Ontario (Labour) v. Flex-N-Gate Canada Company, the Court of Appeal for Ontario found that corrective action taken by an employer to merely comply with a safety order following a workplace accident was not a mitigating factor for sentencing purposes under the Occupational Health and Safety Act (“OHSA”), and that fines for multiple OHSA breaches…
Tag: Workplace Accidents
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…
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…
Protecting Management from the Criminal Code: OHSA Liability Arising from Workplace Accidents (Accredited)
The purpose of this session is to provide in-house counsel with an understanding of the duties and responsibilities of senior management under the Occupational Health and Safety Act (OHSA) and the Criminal Code, as well as an understanding of how to respond after accidents. The internal responsibility system will be reviewed with particular focus on…
Ontario Court Provides Useful Guidance to Employers on Supervision and Training Obligations
The Ontario Court of Justice recently overturned a trial decision which convicted an employer of various infractions under the Occupational Health and Safety Act, finding that numerous errors of law had been made. Of interest for employers is the Court’s conclusion an employer is not obligated to provide training to a worker regarding a specific…
Nadine Zacks Interviewed on Ontario Morning from CBC Radio
Hicks Morley’s Nadine Zacks was interviewed on Ontario Morning from CBC Radio on June 15, 2012, regarding the requirements of reporting workplace injuries. Nadine comments on a recent court decision that states the Ministry of Labour must be informed when anyone at a workplace — workers and guests — sustains a critical injury or dies….
Nadine Zacks Quoted in Law Times
Hicks Morley’s Nadine Zacks was quoted in the June 13, 2011 edition of Law Times in an article entitled “Safety Ruling Turns Heads.” In the article, Nadine comments on the Divisional Court’s recent decision that will require employers to report a critical injury or fatality suffered by a non-worker in the “workplace” to the Ministry…
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…
MOL to Target Slips, Trips and Falls in a School Board Safety Blitz
The Ministry of Labour (“MOL”) has announced a series of safety blitzes scheduled for November of 2009 that will target slips, trips and falls (“Falls”), and that may affect your schools. Inspectors will visit schools to discuss Falls and to review plans to prevent Falls, particularly in parking lots [1], and will focus on assessing…
Accident Investigations
As the number of prosecutions under the Occupational Health and Safety Act (“OHSA”) continue to rise, clients need to be effectively managing accident investigations. We have summarized some of the key OHSA issues that arise in any accident: 1. Know the Reporting Requirements The OHSA sets out different reporting requirements depending on the type of…