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Legal Landscape – Cases

A refinery worker was injured while clearing a plugged pipe connected to a tank filled with hot asphalt. The refinery pleaded guilty to one violation of The OHS Act for failing to ensure the health, safety and welfare of a worker, resulting in injury. The …

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A worker removed a fence guarding the back of an induction hardener to troubleshoot a leak. He was seriously injured by an electrical shock. The employer was charged with failing to provide the worker with sufficient instruction on troubleshooting a leak. The company argued that …

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A crane operator told his supervisor that he wouldn’t lift a box that didn’t have a load capacity rating on it. The supervisor said the load was safe to lift and did so himself. The operator reported this conversation to the MOL. The next day, …

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A custodian started work at a new school that required more mopping. After her hands started to fall asleep and go numb, she filed a workers’ comp claim for bilateral carpal tunnel syndrome, which was denied. But the Tribunal ruled that her condition was covered …

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Three fingers on a worker’s left hand were amputated when it contacted the blade of a table saw. His employer was fined $54,100 for failing to ensure any machine or tool in the workplace is capable of safely performing the functions for which it’s used …

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A worker used the “f” word while talking to a benefits case manager about the denial of his short-term disability claim. She reported the conversation to his employer, which fired him. The union filed a grievance. The arbitrator noted that the employer didn’t investigate the …

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An oil sands facility released hydrogen sulphide gas, produced during the bitumen upgrading process. The government charged it with three violations of the Environmental Protection and Enhancement Act for releasing a substance into the environment that caused a significant adverse effect and failing to report …

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A worker got an email from her manager that contained previous emails of a discussion between two managers, including personal and disrespectful comments about her. She was so upset she took time off of work for medical treatment for an adjustment disorder. Her workers’ comp …

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A heavy equipment rental company also engaged in intra-provincial road transportation, maintenance and repair of equipment as well as stevedoring. All of its activities took place within Québec. Its parent company asked the CSST for a ruling that the company’s activities related to the shipping …

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A worker pushed a foreman, causing him to lose his footing on a metal platform with stairs. Although the worker claimed he acted in self-defence, he was fired. The union filed a grievance. But the Labour Relations Board said the worker, who was a sub-foreman, …

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